
4 



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.A. 



COMPILATION OF ALL THE TREATIES 



BETWEEN llli' 



[JNITED STATES AND THE INDIAN TRIBES 



NOW IN FORCE AS LAWS. 



PREPARED UNDER THE PROVISIONS OF THE ACT OF CONGRESS, AT - 
PROVED MARCH ?>, 1873, ENTITLED TAN ACT TO PROVIDE TOR THE 
PREPARATION AND PRESENTATION TO CONGRESS OF HIE 
REVISION OF THE LAWS OF THE UNITED STATES, CON- 
SOLIDATING THE LAWS RELATING TO THE POST- 
ROADS, AND A CODE RELATING TO MILI- 
TARY OFFENSES, AND THE REVISE >N 
OF TREATIES WITH THE 
INDIAN TRIBES NOW 
IN FORCE." 



WASH 1NG TO NIT 
G 0 V E R N M E N T P R 1 N T I N Q 0 V F 1 C E . 
18 7 3. 



73 



A COMPILATION OF ALL THE TREATIES BETWEEN 
THE UNITED STATES AND THE INDIAN TRIBES 
NOW IN FORCE AS LAWS. 



1 APPALACHICOLAS. 

.2 Treaty with the Appalachicola Band. 

3 The undersigned chiefs, for and in behalf of themselves and 

1 warriors, surrender to the United States, all their right, title, 

5 and interest to a reservation of land made for their benefit, in 

6 the additional article of the treaty, concluded at Camp Moultrie, 

7 in the Territory of Florida, on the 18th of September, eighteen 

8 hundred and twenty- three, and which is described in said arti- 

9 cle, " as commencing on the Appalaehicola, one mile below Taski 

10 Hajo's improvements, running up said river four miles, thence 

11 west two miles, thence southerly to a point clue west of the 

12 beginning, thence east to the beginning point," and agree to 

13 remove with their warriors and families, now occupying said 
11 reservation, and amounting in all to (256) two hundred and fifty - 

15 six souls, to the west of the Mississippi Elver, beyond the limits 

16 of the States and Territories of the United States of America. 

17 Article 2. For and in consideration of said surrender, and 

18 to meet the charges of a party to explore immediately the coun- 

19 try west in search of a home more suitable to their habits than 

20 the one at present occupied, and in full compensation for all the 

21 expenses of emigration, and subsistence for themselves and 

22 party, the United States agree to pay to the undersigned chiefs, 

23 and their warriors, thirteen thousand dollars; three thousand 
21 dollars in cash, the receipt of which is herewith acknowledged, 

25 and ten thousand dollars whenever they have completed their 

26 arrangements, and have commenced the rempval of their whole 

27 party. 

28 Article 3. The undersigned chiefs, with their warriors and 

29 families, will evacuate the reservation of land, surrendered by 

30 the first article of this agreement, on or before the first of Xo- 

31 vember, eighteen hundred and thirty-three ; but should unavoid- 

32 able circumstances prevent the conclusion of the necessary pre- 

33 paratory arrangements by that time, it is expected that the in- 



4 



34 diligence of the government of the United States will be rea- 

35 sonably extended for a term, not to exceed, however, another year. 
3G Aeticle 4. The United States farther stipulate to continue 

37 to Blunt and Davy, (formerly Tuski Hajo, deceased,) the chiefs 

38 of the towns now consenting to emigrate, their proportion of 

39 the annuity of five thousand dollars which they at present draw, 

40 and to which they are entitled under the treaty of Camp Moul- 

41 trie, so long as they remain in the Territory of Florida, and to 

42 advance their proportional amount of the said annuity for the 

43 balance of the term stipulated for its payment in the treaty 

44 aforesaid, whenever they remove in compliance of the terms of 

45 this agreement. 

46 Proclaimed February 13, 1833. 

47 Treaty xoith the Appalachicola band. 

48 The undersigned chiefs, for and in behalf of themselves and 

49 warriors, voluntarily relinquish all the privileges to which they 

50 are entitled as parties to a treaty concluded at Gamp Moultrie 

51 on the 18th of September, 1823, and surrender to the United 

52 States all their right, title, and interest to a reservation of land 

53 made for their benefit in the additional article of the said treaty, 

54 and which is described in the said article as commencing " on 

55 the Appalachicola, at a point to include Yellow Hare's improve- 
50 ments j thence up said river four miles ; thence west one mile ; 

57 thence southerly to a point one mile west of the beginning ; and 

58 thence east to the beginning point." 

59 Article 2. For and in consideration of said cession the 

60 U. States agree to grant, and to convey in three (3) years 

61 by patent to Mulatto King or Yaeapasacy, and to Tustenuggy 

62 Hajo, head chief of Ematlochees town, for the benefit of them- 

63 selves, sub-chiefs, and warriors, a section and a half of land to 

64 each, or contiguous quarter and fractional sections containing a 

65 like quantity of acres, to be laid off hereafter under the direc- 

66 tion of the President of the U. States, so as to embrace 

67 the said chiefs' fields and improvements, after the lands shall 

68 have been surveyed, and the boundaries to correspond with the 

69 public surveys, it being understood that the aforesaid chiefs 

70 may, with the consent and under the advisement of the executive 
7L of the Territory of Florida, at any time previous to the expi- 

72 ration of the above three years, dispose of the said sections of 

73 land, and migrate to a country of their choice ; but that should 

74 they remain on their lands the U. States will, so soon as 

75 Blunt's band and the Seminoles generally have migrated under 

76 the stipulations of the treaties concluded with them, withdraw 

77 the immediate protection hitherto extended to the aforesaid 



5 



78 chiefs and warriors, and that tliey thereafter become subject to 

79 the government and laws of the Territory of Florida. 

80 Article 3. The U. States stipulate to continue to Mulatto 

81 King and Tustenuggy Hadjo, their sub -chiefs and warriors, their 

82 proportion of the annuity of (5,000) five thousand dollars to which 

83 they are entitled under the treaty of Camp Moultrie, so long as 

84 the Seminoles remain in the Territory, and to advance their 

85 proportional amount of the said annuity for the balance of the 

86 term stipulated for its payment in the treaty aforesaid, whenever 

87 the Seminoles finally remove in compliance with the terms of the 

88 treaty concluded at Payne's Landing on 9th May, 1832. 

89 Article 4. If at any time hereafter the chiefs and warriors, 

90 parties to this agreement, should feel disposed to migrate from 

91 the Territory of Florida to the country allotted to the Creeks 

92 and Seminoles in Arkansas, should they elect to sell their grants 

93 of land as provided for in the first article of this treaty, they 

94 must defray from the proceeds of the sales of said land, or from 

95 their private resources all the expenses of their migration, sub- 

96 sistence, &c. — but if they prefer they may, by surrendering to 

97 the U. States all the rights and privileges acquired under the 

98 provisions of this agreement, become parties to the obligations, 

99 provisions, and stipulations of the treaty concluded at Payne's 

100 Landing with the Seminoles on the 9th of May, 1832, as a eon- 

101 stituent part of said tribe, and re-unite with said tribe in their 

102 new abode on the Arkansas. The IT. States, in that event. 

103 agreeing to pay (3,000) three thousand dollars for the reserva- 

104 tion relinquished in the first article of this treaty, in addition to 

105 the rights and immunities the parties may acquire under the 

106 aforesaid treaty at Payne's Landing, 

107 Proclaimed April 12, 1834. 

108 Relinquishment, by certain chiefs, of land reserved by the treaty 

109 of mil Sep., 1823. 

110 The undersigned chiefs, for and in behalf of themselves and 

111 warriors, voluntarily relinquish all the privileges to which they 

112 are entitled, as parties to a treaty concluded at Camp Moultrie, on 

113 the 18th of September, 1823, and surrender to the United States 

114 all their right, title, and interest to a reservation of land made for 

115 their benefit in the additional article of the said treaty, and which 

116 is described in said article as u commencing on the Chattahoochic. 

117 one mile below Econchatimico's house ) thence up said river 

118 four miles j thence one mile west ; thence southerly to a point one 

119 mile west of the beginning ; thence east to the beginning point." 

120 Article 2. For and in consideration of said cession, the 

121 U. States agree to grant and to convey in three (3) years. 



6 



122 by patent, to Econchatiinico, for tbe benefit of himself, sub- 

123 chiefs, and warriors, three sections of land, (or contiguous quar- 
121 ter and fractional sections containing a like quantity of acres,) 

125 to be laid off hereafter under the direction of the President of 

126 the IT. States, so as to embrace the said chiefs' fields, im- 

127 provements, &c, after the lands shall have been surveyed, and 

128 the boundaries to correspond with the public surveys ; it being 

129 understood that the aforesaid chief may, with the consent and 

130 under the advisement of the executive of the Territory of Flor- 

131 ida, at any time previous to the expiration of the above three 

132 years, dispose of the said sections of land, and migrate to a 

133 country of their choice ; but that, should they remain on their 

134 lands, the U. States will, so soon as Bluut's band and the 
.135 Seminoles generally have migrated under the stipulations of 

136 the treaty concluded with them, withdraw the immediate pro- 

137 tection hitherto extended to the aforesaid chief, his sub-chiefs, 

138 and warriors, and that they thereafter become subject to the 

139 government and laws of the Territory of Florida, 

110 Article 3. The United States stipulate to continue to 

111 Econchatiinico, his sub-chiefs and warriors, their proportion of 

142 the annuity of (5,000) five thousand dollars to which they are en- 

143 titled under the treaty of Camp Moultrie, so long as the Semi- 

144 noles remain in the Territory, and to advance their proportional 

145 amount of said annuity for the balance of the term stipulated 

146 for its payment in the treaty aforesaid, whenever the Seminoles 

147 finally remove in compliance with the terms of the treaty con- 

148 eluded at Payne's Landing on 9th May, 1832. 

149 Article 4. If, at any time hereafter, the chiefs and 

150 warriors, parties to this agreement, should feel disposed to rui- 

151 grate from the Territory of Florida to the country allotted to the 

152 Creeks and Seminoles in Arkansas ; should they elect to sell 

153 their grants of land as provided for in the first article of this 

154 treaty, they must defray from the proceeds of the sales of said 

155 land, or from their private resources, all the expenses of their 

156 migration, subsistence, &c. But, if they prefer, they may, by 

157 surrendering to the U. States all the rights and privileges 

158 acquired under the provisions of this agreement, become parties 

159 to the obligations, provisions, and stipulations of the treaty con- 

160 eluded at Payne's Landing with the Seminoles on the 9th May, 

161 1832, as a constituent part of said tribe, and re-unite with said 

162 tribe in their new abode on the Arkansas, the United States in 

163 that event agreeing to pay (3,000) three thousand dollars for the 

164 reservation relinquished in the first article of this treaty ; in ad- 

165 dition to the rights and immunities the parties may acquire 

166 under the aforesaid treaty at Payne's Landiug. 



167 



BLACKFOOT. 



168 Franklin Pierce, President of the United States of America, 

169 to all persons to whom these presents shall come, greeting : 

170 Whereas a treaty was made and concluded at the council- 

171 ground on the Upper Missouri, near the mouth of the Judith 

172 Eiver, in the Territory of Nebraska, on the seventeenth day of 

173 October, in the year one thousand eight hundred and fifty-five, be- 

174 tween A. Cumming and Isaac I. Stevens, commissioners on the 

175 part of the United States, and the Blackfoot and other tribes 

176 of Indians, which treaty is in the words and figures following, 

177 to wit : 

178 Articles of agreement and convention made and concluded at 

179 the council- ground on the Upper Missouri, near the mouth of the 

1 80 Judith River, in the Territory of Nebraska, this seventeenth da y 

181 of October, in the year one thousand eight hundred and fifty - 

182 five, by and between A. Gumming and Isaac I. Stevens, commis- 

183 sioners duly appointed and authorized, on the part of the United 

184 States, and the undersigned chiefs, headmen, and delegates of 

185 the following nations and tribes of Indians, who occupy, for the 

186 purposes of hunting, the territory on the Upper Missouri and 

187 Yellowstone Bivers, and who have permanent homes, as follows : 

188 East of the Rocky Mountains, the Blackfoot Nation, consisting of 

189 the Piegan, Blood, Blackfoot, and Gros Ventres tribes of Indians ; 

190 west of the Rocky Mountains, the Flathead Nation, consisting 

191 of the Flathead, Upper Pend d'Oreille, and Kootenay tribes of 

192 Indians, and the Nez Perce tribe of Indians, the said chiefs, 

193 headmen, and delegates, in behalf of and acting for said nations 

194 and tribes, and being duly authorized thereto by them. 

195 Article 1. Peace, friendship, and amity shall hereafter exist 

196 between the United States and the aforesaid nations and tribes 

197 of Indians, parties to this treaty, and the same shall be per- 

198 petual. 

199 Article 2. The aforesaid nations and tribes of Indians, par- 

200 ties to this treaty, do hereby jointly and severally covenant that 

201 peaceful relations shall likewise be maintained among themselves 

202 in future ; and that they will abstain from all hostilities whatso- 

203 ever against each other, and cultivate mutual good-will and 

204 friendship. And the nations and tribes aforesaid do further - 

205 more jointly and severally covenant, that peaceful relations shall 

206 be maintained with and that they will abstain from all hostilities 

207 whatsoever, excepting in self-defense, against the following- 

208 named nations and tribes of Indians, to wit : the Grows, Assiue- 

209 boins, Crees, Snakes, Blackfeet, Sans Arcs, and Aunce-pa-pas 

210 bands of Sioux, and all other neighboring nations and tribes of 

211 Indians. 



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212 Article 3. The Blackfoot Kation consent and agree that all 

213 that portion of the country recognized and denned by the treaty 

211 of Laramie as Blackfoot territory, lying within lines drawn from 

215 the Hell Gate or Medicine Bock Passes in the main range of the 

216 Kocky Mountains, in an easterly direction to the nearest source 

217 of the Muscle Shell River, thence to the mouth of Twenty-five 
21S Yard Creek, thence up the Yellowstone Biver to its northern 

219 source, and thence along the main range of the Bocky Mountains, 

220 in a northerly direction, to the point of beginning, shall be a com- 

221 mon hunting-ground for ninety-nine years, where all the nations, 

222 tribes, and bands of Indians, parties to this treaty, may enjoy 

223 equal and uninterrupted privileges of hunting, fishing, and gath- 
221 eriug fruit, grazing animals, curing meat, and dressing robes. 

225 They further agree that they will not establish villages, or in any 

226 other way exercise exclusive rights within ten miles of the north - 

227 ern line of the common hunting-ground, and that the parties to 

228 this treaty may hunt on said northern boundary line and within 

229 ten miles thereof. 

230 Provided, That the western Indians, parties to this treaty, 

231 may hunt on the trail leading down the Muscle Shell to the Yel- 

232 lowstone ; the Muscle Shell Biver being the boundary separating 

233 the Blackfoot from the Crow territory. 

231 And provided, That no nation, band, or tribe of Indians, par- 

235 ties to this treaty, nor any other Indians, shall be permitted to 

236 establish permanent settlements, or in any other way exercise, 

237 during the period above mentioned, exclusive rights or privileges 

238 within the limits of the above-described hunting-ground. 

239 And provided further, That the rights of the western Indians 
210 to a whole or a part of the common hunting-ground, derivec 1 
241 from occupancy and possession, shall not be affected by this ar 

212 tide, except so far as said rights may be determined by the 

243 treaty of Laramie. 

244 Article 4. The parties to this treaty agree and consent, 

245 that the tract of country lying within lines drawn from the Hell 

246 Gate or Medicine Bock Passes, in an easterly direction, to the 

247 nearest source of the Muscle Shell Biver, thence down said 

248 river to its mouth, thence down the channel of the Missouri 

249 Biver to the mouth of Milk Biver, thence due north to the forty- 

250 ninth parallel, thence due west on said parallel to the main 

251 range of the Bocky Mountains, and thence southerly along said 

252 range to the place of beginning, shall be the territory of the 

253 Blackfoot [Nation, over which said nation shall exercise exclu- 

254 sive control, excepting as may be otherwise provided in this 

255 treaty. Subject, however, to the provisions of the third article 

256 of this treaty, giving the right to hunt, and prohibiting the es- 

257 tablishment of permanent villages and the exercise of any ex- 



9 



258 elusive rights within ten miles of the northern liue of the com 

259 mon hunting-ground, drawn from the nearest source of the 

260 Muscle Shell Elver to the Medicine Rock Passes, for the period 

261 of ninety-nine years : 

262 Provided also, That the Assiniboins shall have the right of 

263 hunting, in common with the Blackfeet, in the country lying 

264 between the aforesaid eastern boundary line, running from the 

265 mouth of Milk River to the forty-ninth parallel, and a line 

266 drawn from the left bank of the Missouri River, opposite 

267 the Round Butte, north, to the forty-ninth parallel. 

268 Article 5. The parties to this treaty, residing west of the 

269 main range of the Rocky Mountains, agree and consent that 

270 they will not enter the common hunting-ground, nor any part of 

271 the Black foot territory, or return home, by any pass in the 

272 main range of the Rocky Mountains to the north of the Hell 

273 Gate or Medicine Rock Passes. And they further agree that 

274 they will not hunt or otherwise tlisturb the game, when visiting 

275 the Blackfoot territory for trade or social intercourse. 

276 Article 6. The aforesaid nations and tribes of Indians, 

277 parties to this treaty, agree and consent to remain within their 

278 own respective countries, except when going to or from, or 

279 whilst hunting upon, the u common hunting-ground," or when 

280 visiting each other for the purpose of trade or social inter- 

281 course. 

282 Article 7. The aforesaid nations and tribes of Indians agree 

283 that citizens of the United States may live in and pass un- 
281 molested through the countries respectively occupied and 

285 claimed by them. And the United States is hereby bound to 

286 protect said Indians against depredations and other unlawful 

287 acts which white men residing in or passing through their 

288 country may commit. 

289 Article 8. For the purpose of establishing travelling 

290 thoroughfares through their country, and the better to enable 

291 the President to execute the pro visions of this treaty, the afore - 

292 said nations and tribes do hereby consent and agree, that the 

293 United States may, within the countries respectively occupied 
291 and claimed by them, construct roads of every description ; 

295 establish lines of telegraph and military posts ; use materials of 

296 every description found in the Indian country; build houses 

297 for agencies, missions, schools, farms, shops, mills, stations, and 

298 for any other purpose for which they may be required, and per 

299 manently occupy as much land as may be necessary for the 

300 various purposes above enumerated, including the use of wood 

301 for fuel and land for grazing, and that the navigation of all 

302 lakes and streams shall be forever free to citizens of the United 

303 States. 

2 i t 



10 



304 Article 9. In consideration of the foregoing agreements, 

305 stipulations, and cessions, and on condition of their faithful ob- 

306 servance, the United States agree to expend, annually, for the 

307 Piegan, Blood, Blackfoot, and Gros Ventres tribes of Indians, 

308 constituting the Blackfoot Nation, in addition to the goods and 

309 provisions distributed at the time of signing this treaty, twenty 

310 thousand dollars, annually, for ten years, to be expended in such 

311 useful goods and provisions, and other articles, as the Presi- 

312 dent, at his discretion, may from time to time determine: aud 

313 the superintendent, or other proper officer, shall each year in- 

314 form the President of the wishes of the Indians in relation tkere- 

315 to : Provided, hotvever. That if, in the judgment of the President 

316 and Senate, this amount be deemed insufficient, it may be in- 

317 creased not to exceed the sum of thirty- five thousand dollars per 

318 year. 

319 Article 10. The United States further agree to expend an- 

320 nually, for the benefit of the aforesaid tribes of the Blackfoot 

321 Nation, a sum not exceeding fifteen thousand dollars annually, 

322 for ten years, in establishing and instructing them in agricul- 

323 tural and mechanical pursuits, and in educating their children, 

324 and in any other respect promoting their civilization and Ohris- 

325 tianization : Provided, hoicever, That to accomplish the objects 

326 of this article, the President may, at his discretion, apply any 

327 or all the annuities provided for in this treaty: And provided, 

328 also. That the President may, at his discrestion, determine in 

329 what proportions the said annuities shall be divided among the 

330 several tribes. 

331 Article 11. The aforesaid tribes acknowledge their depend- 

332 ence on the Government of the United States, and promise to 

333 be friendly with all citizens thereof, and to commit no depre- 

334 dations or other violence upon such citizens. And should any 

335 one or more violate this pledge, and the fact be proved to the 

336 satisfaction of the President, the property taken shall be re- 

337 turned, or, in default thereof, or if injured or destroyed, com- 
. 338 pensation may be made by the Government out of the annuities. 

339 The aforesaid tribes are hereby bound to deliver such offenders 

340 to the proper authorities for trial and punishment, and are held 

341 responsible, in their tribal capacity, to make reparation for dep- 

342 redations so committed. 

343 Nor will they make war upon any other tribes except in self- 

344 defense, but will submit all matter of difference, between theni- 

345 selves and other Indians, to the Government of the United 

346 States, through its agent, for adjustment, and will abide thereby. 

347 And if auy of the said Indians, parties to this treaty, commit 

348 depredations on any other Indians within the jurisdiction of the 

349 United States, the same rule shall prevail as that prescribed in 



11 



350 this article in case of depredations against citizens. And the 

351 said tribes agree not to shelter or conceal offenders against the 

352 laws of the United States, but to deliver them up to the author - 

353 ities for trial. 

354 Article 12. It is agreed and understood, by and between 

355 the parties to this treaty, that if any nation or tribe of Indians 

356 aforesaid shall violate any of the agreements, obligations, or 

357 stipulations, herein contained, the United States may withhold, 

358 for such length of time as the President and Congress may de- 

359 termine, any portion or all of the annuities agreed to be paid to 

360 said nation or tribe under the ninth and tenth articles of this 

361 treaty. 

362 Article 13. The nations and tribes of Indians, parties to 

363 this treaty, desire to exclude from their country the use of ardent 
361 spirits or other intoxicating liquor, and to prevent their people 

365 from drinking the same. Therefore it is provided, that any 

366 Indian belonging to said tribes who is guilty of bringing such 

367 liquor into the Indian country, or who drinks liquor, may have 

368 his or her proportion of the annuities withheld from him or her, 

369 for such time as the President may determine. 

370 Article 14. The aforesaid nations and tribes of Indians. 

371 west of the Eocky Mountains, parties to this treaty, do agree, 

372 consideration of the provisions already made for them in existing 

373 treaties, to accept the guarantees of the peaceful occupation of 

374 their hunting-grounds, east of the Eocky Mountains, and of re- 

375 numeration for depredations made by the other tribes, pledged 

376 to be secured to them in this treaty out of the annuities of said 

377 tribes, in full compensation for the concessions which they, in 

378 common with the said tribes, have made in this treaty. 

379 The Indians east of the mountains, parties to this treaty, 

380 likewise recognize and accept the guarantees of this treaty, in ful 1 

381 compensation for the injuries or depreciations which have been, 

382 or may be committed by the aforesaid tribes, west of the Rocky 

383 Mountains. 

384 Article 15. The annuities of the aforesaid tribes shall not 

385 be taken to pay the debts of individuals. 

386 Article 16. This treaty shall be obligatory upon the afore- 

387 said nations and tribes of Indians, parties hereto, from the dare 

388 hereof, and upon the United States as soon as the same shall be 

389 ratified by the President and Senate. 

390 Proclaimed 25th April, 1856. 

391 Andrew Johnson, President of the United States of America. 

392 to all and singular to whom these presents shall come. 

393 greeting : 

394 Whereas a treaty was made and concluded at Fort Sully, in 



12 



395 the Territory of Dakota, on the nineteenth day of October, in 

396 the year of our Lord one thousand eight hundred and sixty-five, 

397 by and between Newton Edmunds, Edward B. Taylor, Major- 

398 General S. R. Curtis, Brigadier-General H. H. Sibley, Henry W. 

399 Beed, and Orrin Guernsey, commissioners, on the part of the 

400 United States, and Wah-hali-chunk-i-ah-pee, (The one that is 

401 used as a Shield,) Wah-mun-dee-wak-ko-no, (The War Eagle in 

402 the Air.) and other chiefs and headmen of the Blackfeet band 

403 of Dakota or Sioux Indians, on the part of said band of Indians, 

404 and duly authorized thereto by them, which treaty is in the 

405 words and figures following, to wit : 

406 Articles of a treaty made and concluded at Fort Sully, in the 

407 Territory of Dakota, by and between Newton Edmunds, gov- 

408 ernor and ex-officio superintendent of Indian affairs of Dakota 

409 Territory, Edward B. Taylor, superintendent Of Indian affairs 

410 for the northern superintendence, Major-General S. E. Curtis, 

411 Brigadier-General EL H. Sibley, Henry W. Beed, and Orrin 

412 Guernsey, commissioners on the part of the United States, 

413 duly appointed by the President, and the undersigned chiefs 

414 and headmen of the Blackfeet band of Dakota or Sioux In- 

415 dians. 

416 Article 1. The Blackfeet band of Dakota or Sioux Indians, 

417 represented in council, hereby acknowledge themselves to be 

418 subject to the exclusive jurisdiction and authority of the United 

419 States, and hereby obligate and bind themselves, individually 

420 and collectively, not only to cease all hostilities against the per- 

421 sons and property of its citizens, but to use their influence, and, 

422 if necessary, physical force to prevent other bands of the Dakota 

423 or Sioux, or other adjacent tribes, from making hostile deinon- 

424 strations against the Government of the United States, or its 

425 people. 

426 Article 2. Inasmuch as the Government of the United 

427 States is desirous to arrest the effusion of blood between the 

428 Indian tribes within its jurisdiction hitherto at war with each 

429 other, the Blackfeet band of Dakota or Sioux, represented in 

430 council, anxious to respect the wishes of the Government, hereby 

431 agree and bind themselves to discontinue for the future all 

432 attacks upon the persons or property of other tribes, unless first 

433 assailed by them, and to use their influence to promote peace 

434 everywhere in the region occupied or frequented by them. 

435 Article 3. All controversies or differences arising between 

436 the Blackfeet band of Dakota or Sioux, represented in council, 

437 and other tribes of Indians, involving the question of peace or 

438 war, shall be submitted for the arbitrament of the President, or 

439 such person or persons as may be designated by him, and the 



13 



440 decision or award faithfully observed by the said band repre- 

441 sented in council. 

442 Article 4. The said band, represented in council, shall wit h- 

443 draw from the routes overland, already established or hereafter 

444 to be established, through their country, and in consideration 

445 thereof the Government of the United States agree to pay to 

446 the said band the sum of seven thousand dollars annually, for 

447 twenty years, in such articles as the Secretary of the Interior 

448 may direct: Provided, That said band, so represented in council, 

449 shall faithfully conform to the requirements of this treaty. 

450 Article 5. Any amendment or modification of this treaty 

451 by the Senate of the United States shall be considered final and 

452 binding upon the said band represented in council, as a part of 

453 this treaty, in the same manner as if it had been subsequently 

454 presented and agreed to by the chiefs and headmen of said 

455 nation. 

456 Proclaimed 17 March, 1866. 

457 BEL AXTSE-ETO A . 

458 Treaty with the Belantse-etoa or Hinnetsaree Tribe. 

459 Whereas acts of hostility have been committed, by some 

460 restless men of the Belantse-etea or Minnetaree tribe of Indians, 

461 upon some of the citizens of the United States : Therefore, to 

462 put a stop to any further outrages of the sort, and 'to establish 

463 a more friendly understanding between the United States and the 

464 said Belantse-etea or Minnetaree tribe, the President of the 

465 United States, by Henry Atkinson, brigadier-general of the 

466 United States Army, and Major Benjamin O'Eallon, Indian 

467 agent, commissioners duly appointed and commissioned to treat 

468 with the Indian tribes beyond the Mississippi Eiver, forgive the 

469 offences which have been committed, the chiefs and warriors 

470 having first made satisfactory explanations touchiug the same- 

471 And, for the purpose of removing all future cause of misunder- 

472 standing, as respects trade and friendly intercourse, between the 

473 parties, the above-named commissioners, on the part of the United 

474 States, and the undersigned chiefs and warriors of the Belantse. 

475 etea or Minnetaree tribe of Indians, on the part of said tribe, 

476 have made and entered into the following articles and condi- 

477 tions; which, when ratified by the President of the United 

478 States, by and with the advice and consent of the Senate, shall 

479 be binding to both parties, to wit : 

480 Article 1. Henceforth there shall be a firm and lasting 

481 peace between the United States and the Belantse-etea or Min- 

482 netaree tribe of Indians ; and a friendly intercourse shall inime- 

483 diately take place between the parties. 



14 



484 Article 2. It is admitted by the Belantse-etea or Mimie- 

485 taree tribe of Indians, that they reside within the territorial 
4S6 limits of the United States, acknowledge their supremacy, and 

487 claim their protection. The said tribe also admit the right of 

488 the United States to regulate all trade and intercourse with 

489 them. 

490 Article 3. The United States agree to receive the Belautse. 

491 etea or Minnetaree tribe of Indians into their friendship, and 

492 under their protection, and to extend to them, from time to 

493 time, such benefits and acts of kindness as may be convenient, 

494 and seem just and proper to the President of the United States. 

495 Article 4. All trade and intercourse with the Belantse-eta 

496 or Minnetaree tribe shall be transacted at such place or places 

497 as may be designated and pointed out, by the President of the 

498 United States, through his agents ; and none but American 

499 citizens, duly authorized by the United States, shall be admitte d 

500 to trade or hold intercourse with said tribe of Indians. 

501 Article 5. That the Belantse-eta or Minnetaree tribe may 

502 be accommodated with such articles of merchandize, &c, as their 

503 necessities may demand, the United States agree to admit and 

504 licence traders to hold intercourse with said tribe, under mild 

505 and equitable regulations : in consideration of which, the Bel- 

506 antse-eta or Minnetaree tribe bind themselves to extend protec- 

507 tion to the persons and the property of the traders, and the per- 

508 sons legally employed under them, whilst they remain within the 

509 limits of their district of country. And the said Belantse-eta or 

510 Minnetaree tribe farther agree, that if any foreigner or other 

511 person, not legally authorized by the United States, shall come 

512 into their district of country, for the purposes of trade or other 

513 views, they will apprehend such person or persons, and deliver 

514 him or them to some United States superintendent or agent of 

515 Indian affairs, or to the commandant of the nearest military 

516 post, to be dealt with according to law. And they farther agree 

517 to give safe conduct to all persons who may be legally author- 

518 ized by the United States to reside temporarily among them. 

519 Article 6. That the friendship which is now established 

520 between the United States and the Belantse-eta or Minnetaree 

521 tribe shall not be interrupted by the misconduct of individuals, 

522 it is hereby agreed that for injuries done by individuals 

523 no private revenge or retaliation shall take place, but instead 

524 thereof complaints shall be made by the party injured to the 

525 superintendent or agent of Indian affairs, or other person ap- 

526 pointed by the President ; and it shall be the duty of the said 

527 chiefs, upon complaint being made as aforesaid, to deliver up 

528 the person or persons against whom the complaint is made, to 

529 the end that he or they may be punished, agreeably to the laws 



15 

530 of the United States. And, in like manner, if any robbery, 

531 violence, or murder, shall be committed on any Indian or Indians 

532 belonging to said tribe, the person or persons so offending shall 

533 be tried, and, if found guilty, shall be punished in like manner 

534 as if the injury had been done to a white man. And i t is agreed 

535 that the chiefs of the said Belantse-eta or Minnetaree tribe glial I , 

536 to the utmost of their power, exert themselves to recover horses, 

537 or other property, which may be stolen or taken from any citi- 

538 zen or citizens of the United States by any individual or indi- 

539 victuals of said tribe ; and the property so recovered shall be 

540 forthwith delivered to the agents or other person authorized to 

541 receive it, that it may be restored to the proper owner. And 

542 the United States hereby guarantee to any Indian or Indians of 

543 said tribe a fall indemnification for any horses or other property 

544 which may be stolen from them by any of their citizens : Pro • 

545 vided, That the property so stolen cannot be recovered, and that 

546 sufficient proof is produced that it was actually stolen by a citi- 

547 zen of the United States. And the said Belantse-eta or Minne- 

548 taree tribe engage, on the requisition or demand of the President 

549 of the United States, or of the agents, to deliver up any white 

550 man resident among them. 

551 Article 7. And the chiefs and warriors as aforesaid promise 

552 and engage that their tribe will never, by sale, exchange, or as 

553 presents, supply any nation, tribe, or band of Indians not in 

554 amity with the United States with guns, ammunition, or other 

555 implements of war. 

556 Proclaimed Feb'y 6, 1826. 



557 GADDOS. 

558 Articles of a treaty made at tlie agency-house in the Caddo Nation 

559 and State of Louisiana, on the first day of July, in the year 

560 of our Lord one thousand eight hundred and thirty-five, be- 

561 tween Jehiel Brooks, commissioner on the part of the United 

562 States, and the chiefs, head-men, and warriors of the Caddo 

563 Nation of Indians. 

564 Article 1. The chiefs, head-men, and warriors of the said 

565 nation agree to cede and relinquish to the United States all 

566 their land contained in the following boundaries, to wit: 

567 Bounded on the west by the north and south line which 

568 separates the said United States from the republic of Mexico 

569 between the Sabine and Red Rivers, wheresoever the same shall 

570 be defined and acknowledged to be by the two governments. 

571 On the north and east by the Red River from the point where 



16 



572 the said north and south boundary-line shall intersect the Red 

573 Elver, whether it be in the Territory of Arkansas or the State of 
571 Louisiana, following the meanders of the said river down to its 

575 function with the Pascagoula Bayou. On the south by the 

576 said Pascagoula Bayou to its junction with the Bayou Pierre, 

577 by said bayou to its junction with Bayou Wallace, by said bayou 

578 and Lake Wallace to the mouth of the Cypress Bayou, thence 

579 up said bayou to the point of its intersection with the first-men- 

580 tioned north and south line, following the meanders of the said 

581 water-courses; but if the said Cypress Bayou be not clearly 

582 definable, so far, then, from a point which shall be definable by a 

583 line due west till it intersect the said first-mentioned north and 

584 south boundary-line, be the contents of land within said bounda- 

585 ries more or less. 

580 Article 2. The said chiefs, head-men, and warriors of the 

587 said nation do voluntarily relinquish their possession to the ter- 

588 ritory of land aforesaid, and promise to remove at their own ex- 

589 peuse out of the boundaries of the United States and the terri- 

590 tories belonging and appertaining thereto within the period of 

591 one year from and after the signing of this treaty, and never 

592 more return to live, settle, or establish themselves as a nation, 

593 tribe, or community of people within the same. 

591 Article 3. In consideration of the aforesaid cession, relin- 

595 quishment, and removal, it is agreed the said United States shall 

596 pay to the said nation of Caddo Indians the sums in goods, 

597 horses, and money hereinafter mentioned, to wit : 

598 Thirty thousand dollars, to be paid in goods and horses, as 

599 agreed upon, to be delivered on the signing of this treaty. 

600 Ten thousand dollars in money, to be paid within one year 

601 from the first day of September next. 

602 Ten thousand dollars per annum in money for the four years 

603 next following, so as to make the whole sum paid and payable 
601 eighty thousand dollars. 

605 Article 1. It is further agreed that the said Caddo Nation 

606 of Indians shall have authority to appoint an agent or attprney 

607 in fact, resident within the United States, for the purpose of re- 

608 ceiving for them from the said United States all of the annui- 

609 ties stated in this treaty, as the same shall become due, to be 

610 paid to their said agent or attorney in fact at such place or places 

611 within the said United States as shall be agreed on between 

612 him and the proper officer of the Government of the United 

613 States. 

611 Article 5. This treaty, after the same shall have been rati- 

615 tied and confirmed by the President and Senate of the United 

616 States, shall be binding on the contracting parties. 

617 Agreeably to the stipulations in the third article of the treaty, 



17 



618 there have been purchased at the request of the Caddo Indians, 

619 and delivered to them, goods and horses to the amount of thirty 

620 thousand dollars. 

621 As evidence of the purchase and delivery as aforesaid, under 

622 the direction of the commissioner, and that the whole of the same 

623 have been received by the said Indians, the said commissioner, 

624 Jehiel Brooks, and the undersigned chiefs and head-men of the 

625 whole Caddo Nation of Indians, have hereunto set their hands 

626 and affixed their seals the third day of July, in the year of our 

627 Lord one thousand eight hundred and thirty-five. 

628 Articles supplementary to the treaty made at the agency-house in the 

629 Caddo Nation and State of Louisiana on the first day of July, 

630 one thousand eight hundred and thirty five, between J ehiel Brooks, 

631 commissioner on the pari of the United States, and the chiefs 

632 head-men, and warriors of the Caddo Nation of Indians, con- 

633 eluded at the same place and on the same day between the said 

634 commissioner on the part of the United States, and the chiefs, 

635 head-men, and warriors of the said Nation of Indians, to wit : 

636 Whereas the said nation of Indians did, in the year one 

637 thousand eight hundred and one, give to one Francois Grappe and 

638 to his three sons then born and still living, named Jacques, 

639 Dominique, and Belthazar, for reasons stated at the time and 

640 repeated in a memorial which the said nation addressed to the 

641 President of the United Slates in the month of January last, 

642 one league of land to each, in accordance with the Spanish cus- 

643 torn of granting land to individuals; that the chiefs and head. 

644 men, with the knowledge and approbation of the whole Caddo 

645 people, did go with the said Francois Grappe, accompanied by a 

646 number of white men, who were invited by the said chiefs and 

647 head-men to be present as witnesses, before the Spanish authority 

648 at Xatchitoch.es, and then and there did declare their wishes 

649 touching the said donation of land to the said Grappe and his 

650 three sons, and did request the same to be written out in form 

651 and ratified and confirmed by the proper authorities agreeably 
.652 ' to law j and 

653 Whereas Larkiu Edwards has resided for many years to 

654 the present time in the Caddo Nation— was a long time their true 

655 and faithful interpreter, and though poor he has never sent the 

656 red man away from his door hungry. He is now old and unable 

657 to support himself by manual labor, and since his employment 

658 as their interpreter has ceased, possesses no adequate means by 

659 which to live : Now, therefore, 

660 Article 1. It is agreed that the legal representatives of 
'661 the said Francois Grappe, deceased, and his three sons. Jacques, 

3 I T 



18 



662 Dominique, and Belthazar Grappe, shall have their right to the 

663 said four leagues of land reserved to them and their heirs and 

664 assigns forever. The said land to be taken out of the lands 

665 ceded to the United States by the said Caddo Nation of Indians, 

666 as expressed in the treaty to which this article is supplementary. 

667 And the said four leagues of land shall be laid off in one body 

668 in the southeast corner of their lands ceded as aforesaid, and 

669 bounded by the Eed Eiver four leagues, and by the Pascagoula 

670 Bayou one league, running back for quantity from each, so as to 

671 contain four square leagues of land, in conformity with the 

672 boundaries established and expressed in the original deed of gift 

673 made by the said Caddo Nation of Indians to the said Francois' 
671 Grappe and his three sons, Jacques, Dominique, and Belthazar 

675 Grappe. 

676 Article 2. And it is further agreed that there shall be 

677 reserved to Larkin Edwards, his heirs and assigns, forever, one 

678 section of land, to be selected out of the lands ceded to the 

679 United States by the said nation of Indians, as expressed in the 

680 treaty to which this article is supplementary, in any part thereof 

681 not otherwise appropriated by the provisions contained in these 

682 supplementary articles. 

683 Article 3. These supplementary articles, or either of them, 

684 after the same shall have been ratified and confirmed by the 

685 President and Senate of the United States, shall be binding on 

686 the contracting parties, otherwise to be void and of no effect 

687 upon the validity of the original treaty to which they are sup- 

688 plementary. 

689 Proclaimed February 2, 1836. 



690 OALAPOOIAS. 

691 Franklin Pierce, President of the United States of America, 

692 to all and singular to whom these presents shall come, 

693 greeting : 

694 Whereas a treaty was made and concluded at Dayton, Ore- 

695 gou Territory, in the month of January, eighteen hundred and 

696 fifty-five, by Joel Palmer, superintendent of Indian affairs, on 

697 the part of the United States, and the chiefs of the confederated 

698 bands of Indians residing in the Willamette Valley, which treaty 

699 is in the words following, to wit : 

700 Articles of agreement and convention made and concluded 

701 at Dayton, Oregon Territory, by Joel Palmer, superintendent of 

702 Indian affairs, on the part of the United States, and the folio w- 

703 ing-named chiefs of the confederated bands of Indians residing 
701 in the Willamette Valley, they being duly authorized thereto by 



19 



705 their respective bauds, to wit: Ki-a-kuts, Le Medccin, and Yat- 

706 skaw, or Dave, chiefs of the Tualatin band of Calapooias; 

707 Shap-h, or William, Shel-ke-ah, or David, and Cha-ah, or Jesse, 

708 chiefs of the Yam Hill band ; Dabo, or Jim, Sco-la-quit, or John, 

709 and Yah-kow, or Kompetine, chiefs of the Che-luk-i-ma-uke 

710 band; Ah-mo, or George, Himpher, or Hubbard, and Oh-no, or 

711 Tim, chiefs of the Chep-ena-pho or Marysville band; Ma-mah- 

712 mo, or Charley Peter, Cha-che-clue, or Tom, and Quineflat, or 

713 Ben, chiefs of the Chem-a-pho or Maddy band ; Luck-a-ma-foo, 
711 or Antoine, and Hoo-til, or Charley, chiefs of the Che-lam-e-la 

715 or Long Tom band, all of the Calapooias; Qui-a-qua-ty, Yalkus, 

716 and Kow-ka-ma,' or Long Hair, chiefs of the Mo-lal-la band of 

717 Mo-lal-las ; Kiles, or Jim, and Kow-ah-tough, or John, chiefs of 

718 the Calapooia band of Calapooias; Anta-quil-al-la, or John, and 

719 Mequah, of the Winnefelly and Mohawk bands; Yack-a-tee, or 

720 Sam, To-phor, or Jim Brown, and Hal-la-be, or Doctor, of the 

721 Tekopa band; Pulk-tah, of the Chafan band of the Calapooia 

722 tribe ; Tum-walth and O-ban-a-hah, chiefs of the Wah-lal-la band 

723 of Turn-waters ; Watch-a-no, Te-ap-i-nick, and Wal-lah-pi-coto, 

724 chiefs of the Clack-a-mas tribe ; Lallak and Cuck-a-man-na, or 

725 David, of the Clow-we-wal-la or Willamette Turn-water band ; 

726 Tow-ye-col-la, or Louis ; Yelk-ma, or Jo, La-ham, or Tom, Joseph 

727 Sanegertta, Pullican, Te-na, or Kiles, Pul-kup-li-ma, or John, 

728 Sallaf, or Silas, Hoip-ke-nek, or Jack, Yepta, and Sat-invose, or 

729 James, chiefs and head- men of the Santiam bands of Calapooias. 

730 Article 1. The above-named confederated bands of Indians 

731 cede to the United States all their right, title, and claim to all 

732 and every part of the country included in the following bounda- 

733 ries, to wit : 

734 Commencing in the middle of the main channel of the Colum- 

735 bia River, opposite the mouth of the first creek emptying into 

736 said river from the south below Oak Point, thence south to the 

737 first standard parallel north of the base-line in the Government 

738 survey, thence west to the summit of the Coast Bange of mount 

739 ains, thence southerly along the summit of said range to the 

740 Calapooia Mountains, thence easterly along the summit of said 

741 mountains to the summit of the Cascade Mountains, thence along 

742 said summit northerly, to the middle of the Columbia Eiver, at 

743 the Cascade Falls, and thence down the middle of said river to 

744 the place of beginning: 

745 Provided, however, That said bands be permitted to remain 

746 within the limits of the country ceded, and on such temporary 

747 reserves as may be made for them by the superintendent of 

748 Indian affairs, until a suitable district of country shall be desig 

749 nated for their permanent ' home, and proper improvements 

750 made thereon : And provided, That the United States make 



20 



751 proper provision for the security of their persons and property 

752 from the hostile attacks of Indians of other tribes and bands. 

753 At which time, or when thereafter directed by the superintend- 

754 ent of Indian affairs, or agent, said confederated bands engage 

755 peaceably, and without expense to the United States other than 
75G that provided for in this treaty, to vacate the country hereby 

757 ceded, and remove to the district which shall be designated for 

758 their permanent occupancy. 

759 Article 2. In consideration of, and payment for, the 

760 country herein described, the United States agree to pay to the 

761 bands and tribes of Indians claiming territory and residing in 

762 said country, the several sums of money following, to wit : 

763 Ten thousand dollars per annum for the first five years 5 
761 commencing on the first day of September, 1855. 

765 Eight thousand dollars per annum for the term of five years 

766 next succeeding the first five. 

767 Six thousand five hundred dollars per annum for the term 

768 of five years next succeeding the second five, 

769 Five thousand five hundred dollars per annum for the term 

770 of five years next succeeding the third five. 

771 All of which several sums of money shall be expended for 

772 the use and "benefit of the confederated bands, under the direc- 

773 tion of the President of the United States, wdio may, from time 

774 to time, at his discretion, determine what proportion thereof 

775 shall be expended for such objects as in his judgment will pro 

776 mote their well-being, and advance them in civilization, for their 

777 moral improvement and education, for buildings, opening and 

778 fencing farms, breaking land, providing stock, agricultural im- 

779 plements, seeds, &c. • for clothing, provisions, and tools ; for 

780 medical purposes ; providing mechanics and farmers, and for 

781 arms and ammunition, 

782 The United States agree to pay said Indians the additional 

783 sum of fifty thousand dollars, a portion whereof shall be ex- 

784 pended for such articles as the superintendent of Indian affairs 

785 shall furnish the Indians, as soon as practicable after the sign- 

786 . ing of this treaty ; and in providing, after the ratification there- 

787 of, and while the Indians shall reside on the temporary reserves 

788 that may be assigned them, horses, oxen, and other stock, 

789 wagons, agricultural implements, clothing, and provisions, as 
700 the President may direct ; and for erecting on the tract that may 

791 be selected as their permanent homes, mills, shops, school-houses^ 

792 a hospital, and other necessary buildings, and making improve- 

793 ments; for seeds, stock, and farming operations thereon; for 

794 paying for the permanent improvements of settlers, should any 

795 such be on said tract at the time of its selection ; to pay the 

796 expenses of the removal of the Indians thereto, and in provid- 



21 



797 ing for their subsistence thereon for the first year after their re- 

798 moval : Provided, however, That if any band or bands of In- 

799 dians, residing on or claiming any portion or portions of the 

800 country described in article first, shall not accede to the terms 

801 of this treaty, then the bands becoming parties hereunto agree 

802 to receive such part of the several annual and other payments 

803 herein named, as a consideration fortheentire country described 

804 as aforesaid, as shall be in the proportion that their aggregate 

805 number may bear to the whole number of Indians residing in 

806 and claiming the entire country aforesaid, as consideration and 

807 payment in full for the tracts in said country claimed by them : 

808 And provided, Any of the bands becoming parties to this treaty 

809 establish a legitimate claim to any portion of the country north 
S10 of the Columbia Eiver, that the amount to which they may be 

811 entitled as a consideration for such country, in any treaties here 

812 after entered into with the United States, shall be added to the 

813 annuities herein provided for. 

814 Article 3. In addition to the considerations specified, the 

815 United States agree to provide for the employment, for the term 

816 of five years from and after the removal of said Indians to their 

817 permanent reserve, of a physician, a school-teacher, a black - 

818 smith, and a superintendent of farming operations. 

819 Article 4. The President may, from time to time, at his 

820 discretion, cause the whole, or such portion as he may think 

821 proper, of the tract that may hereafter be set apart as the per- 

822 manent home of these Indians, to be surveyed into lots, and 

823 assign them to such Indians of the confederated bands as may 

824 wish to enjoy the privilege, and locate thereon permanently ; to 

825 a single person, over twenty-one years of age, twenty acres; to 

826 a family of two persons, forty acres ; to a family of three, and 

827 not exceeding five persons, fifty acres ; to a family of six per- 

828 sons, aud not exceeding ten, eighty acres; and to each family 

829 over ten in number, twenty acres for each additional three mem . 

830 bers. And the President may provide such rules and regula- 

831 tions as will secure to the family, in case of the death of the 
.832 head thereof, the possession and enjoyment of such permanent 

833 home and the improvements thereon ; and he may, at any time, 

834 at his discretion, after such person or family has made location 

835 on the land assigned as a permanent home, issue a patent to 

836 such person or family, for such assigned land, conditioned that 

837 the tract shall not be aliened or leased for a longer time than 

838 two years, and shall be exempt from levy, sale, or forfeiture ; 

839 which conditions shall continue in force until a State constitu- 

840 tion, embracing such lands within its boundaries, shall have 

841 been formed, and the legislature of the State shall remove the 

842 restrictions : Provided, however, That no state legislature shall 



22 



843 remove the restrictions herein provided for, without the consent 

844 of Congress. And if any such family shall at any time neglect 

845 or refuse to occupy or till a portion of the land assigned, and 

846 on which they have located, or shall rove from place to place, 

847 the President may, if the patent shall have been issued, revoke 

848 the same: or, if not issued, cancel the assignment; and may 

849 also withhold from such person or family their proportion of the 

850 annuities or other moneys due them, until they shall have re- 

851 turned to such permanent home, and resume the pursuits of in- 

852 dustry ; and in default of their return, the tract may be declared 

853 abandoned, and thereafter assigned to some other person or 

854 family of the Indians residing on the reserve. 

855 Article 5. The annuities of the Indians shall not be takeu 

856 to pay the debts of individuals. 

857 Article 6. The confederated bands acknowledge their de- 

858 peudence on the government of the United States, and promise 

859 to be friendly with all the citizens thereof, and pledge them- 

860 selves to commit no depredations on the property of such citi- 

861 zens. And should any one or more of the Indians violate this 

862 pledge, and the fact be satisfactorily proven before the agent, 

863 the property taken shall be returned, or in default thereof, or if 

864 injured or destroyed, compensation may be made by the Govern- 

865 ment out of their annuities. Nor will they make war on any 

866 other band or tribe of Indians, except in self-defence, but will 

867 submit all matters of difference between them and other Indians 

868 to the Government of the United States, or its agent, for de 

869 cision, and abide thereby. And if any of said Indians commit 

870 any depredations on any other Indians, the same rule shall pre 

871 vail as that prescribed in this article in case of depredations 

872 against citizens. Said Indians further engage to submit to and 

873 observe all laws, rules, and regulations which may be prescribed 

874 by the United States for the government of said Indians. 

875 Article. 7. In order to prevent the evils of intemperance 

876 among said Indians, it is hereby provided that any one of them 

877 who shall drink liquor, or procure it for other Indians to drink, 

878 may have his or her proportion of the annuities withheld from 

879 him or her for such time as the President may determine. 

880 Article 8. The said confederated bands agree that when a 

881 permanent reserve shall be assigned them, all roads, highways, 

882 and railroads, demanded at any time by the public convenience, 

883 shall have the right of way therein, a just compensation being 

884 made therefor. 

885 Article 9. This treaty shall be obligatory on the contract- 

886 ing parties as soon as the same shall be ratified by the President 

887 and Senate of the United States. 

888 Proclaimed April 10, 1855, 



23 



880 ( 511 AST AS. 

890 Franklin Pierce, President oi' the United States of America, 

891 to all persons to whom these presents shall eoine, greeting : 

892 Whereas a treaty was made and concluded, at the council 

893 ground, opposite the month of Applegate Creek, on Rogue Ki\ er, 

894 in the Territory of Oregon, on the eighteenth day of November, 

895 eighteen hundred and fifty-four, between the United States and 
890 the Ohasta and other tribes of Indians, which treaty is in the 

897 words following, to wit : 

898 Articles of a convention and agreement made and concluded 

899 at the council-ground, opposite the month of Applegate Creek, 

900 on Rogue River, in the Territory of Oregon, on the eighteenth 

901 day of November, one thousand eight hundred and fifty -four, by 

902 Joel Palmer, superintendent of Indian affairs, on the part of 

903 the United States, and the chiefs and head-men of the Quit-si* 
901 eton and Na-hel-ta bands, of the Ohasta tribe of Indians, the 

905 Cow-nan-ti-eo, Sa-ehcr-i-ton, ancLNa-al-ye bands of Scotons, and 

906 the Grave ("reek band of Umpquas, to wit, Jes-tul-tut, or Little 

907 Chief, Ko-ne-che-quot, or Bill, Se-sel-che-tel, or Salmon Fisher, 
5)08 Kul-ki-am-i-na, or Bush-head, Te-po-kon-ta, or Sam, and Jo, they 

909 being duly authorized thereto by said united bands. 

910 Article 1. The aforesaid united bands cede to the United 

911 States all their country, bounded as follows : 

912 . Commencing at a point; in the middle of liogue River, one 

913 mile below the mouth of Applegatc Creek ; thence northerly, on 
911: the western boundary of the country heretofore purchased ot 
915 the Rogue River tribe by the United States, to the head-water . 
910 of Jump-Off Jo Creek; thence westerly to the extreme north - 

917 eastern limit of the country purchased of the Cow Creek band 

918 of Umpquas j thence along that boundary to its extreme south 

919 western limit ; thence due w est to a point from which a line run- 
929 ning due south would cross Rogue River, midway between the 

921 month of Grave Creek and the great bend of Rogue Rivci , 

922 thence south to the southern boundary of Oregon; thence east 

923 along said boundary to the summit of the main ridge of the 
921 Siskiou Mountains, or until this line reaches the boundary ol 
925 the country purchased of the Rogue River tribe; thence noi th 
9^0 erly along the western boundary of said purchase to the place ot' 

927 beginning. 

928 Article 2. The said united bands agree that, as soon at- 

929 ter the ratification of this convention as practicable, they w ill 

930 remove to such portion of the Table Rock reserve as may be as- 

931 signed them by the superintendent of Indian affairs or agent, 

932 or to whatsoever other reserve the President of the United 

933 States may at any time hereafter direct. 



934 Article 3. In consideration of and payment for the coun- 

935 try herein ceded, the United States agree to pay to the said 
1)30 united bands tlie sum of two thousand dollars annually for fif- 
U37 teen years, from and after the first day of September, one thou- 
038 sand eight hundred and fifty-five, which annuities shall be added 
03!) to those secured to the Rogue Kiver tribe by the treaty of the 
940 10th September, 1S53, and the amount shared by the members 
i»4L of the united bauds and of the Rogue Paver tribe, jointly and 
Dili alike: said annuities to be expendedfor the use and benefit of 

013 said bauds and tribe in such manner as the President may from 

014 time to time prescribe; for provisions, clothing, and merehau- 
045 disc; for buildings, opening and fencing farms, breaking laud, 
04(J providing stock, agricultural implements, tools, seeds, and such 

047 other objects as will in his judgment promote the comfort and 

048 advance the prosperity and civilization of said Indians. The 

049 United States also agree to appropriate the additional sum of 

050 five thousand dollars, for the payment of the claims of persons 
951 whose property has been stolen or destroyed by any of the said 
05- united bands of Indians since the first day of January, 1819 ; 
953 such claims to be audited and adjusted in such, manner as the 

054 President may prescribe. 

055 Article 1. When said united bauds shall be required to 

056 remove to the Table Rock reserve or elsewhere, as the President 

957 may direct, the farther sum of six thousand five hundred dbl- 

958 lars shall be expended by the United States for provisions to 

959 aid in their subsistence during the first year they shall reside 

000 thereon ; for the erecting of ne« essary buildings, and the break- 

001 iug and fencing of fifty acres of land, and providing seed to 
9ti!i plan! the same, for their use and benefit, in common with the 
903 other ludiaus on the reserve. 



Ob'l Article 5. The United States engage that the following 

9G5 pro\ isious, for the use and benefit of all Indians residing on the 

9G6 reserve, shall be made : 

• 4, ->7 An experienced farmer shall be employed to aid and iu- 

068 struct the Indians in agriculture for the term of fifteen years. 
009 Two blacksmith-shops shall be erected at convenient points 

970 on the reserve, and furnished with tools and the necessary stock, 

:>71 and skilful smiths employed for the same for five years. 
97~ /v hospital shall be erected, and proper provision made, for 

'.•To medical purposes, and the care of the sick for ten years. 

974 School-houses shall be erected, and qualified teachers em- 

975 ployed to instruct children ou the reserve, and books and sta 
070 tiouery furnished for fifteen years. 

977 All of which provisions shall be controlled by such laws, 

978 rales, or regulations as Congress may enact or the President 
070 prescribe. 



2<3 

080 xVliTiOLE 0. The President may, from time to time, lit bis 

081 discretion, direct the surveying of a part Or all of the agricultural 

082 lands on said reserve, divide the same into small farms of from 

083 twenty to eighty acres, according to the number of persons in a 
031 family, and assign them to such Indians as are willing to avail 
085 themselves of the privilege and locate thereou as a permaneul 
080 home, and to grant them a patent therefor under such laws and 
087 regulations as may hereafter be enacted or prescribed. 

08S Article 7. The annuities of the Indians shall not be taken 

080 to pay the debts of individuals. 

000 Article 8. The said united bands acknowledge themselves 

001 subject to the Government of the United States, and engage to 

002 live in amity with the citizens thereof, and commit no depreda- 

003 tions on the property of said citizens; and should any Indian or 
001 Indians violate this pledge, and the fact be satisfactorily proven. 

005 the property shall be returned, or if not returned, or if injured or 

006 destroyed, compensation may be made therefor out of their annui- 

007 ties. They also pledge themselves to live peaceably with one 

008 another, and with other Indians, to abstain from war and private 
000 acts of revenge, and to submit all matters of difference between 

1000 themselves and Indians of other tribes and bands to the decision 

1001 of the United States or the agent, and to abide thereby. It is also 

1002 agreed that if any individual shall be found guilty of bringing 

1003 liquor into their country, or drinking the same, his or her 
1001 annuity may be withheld during the pleasure of the President. 



1005 Article 0. This convention shall be obligatory on the con- 

1000 trading parties from and after its ratification by the President 

1007 and Senate of the United States. 

1008 Proclaimed April 10, 1855. 

1000 CHEUOKEES. 

10 lo Articles conclude! at Hop >e well, on the Keo wee, between Benjam in 

1011 Hawkins, Andrew Pickens, Joseph Martin, and Laehlanc 

1012 JPIntosh, commissioners plenipotentiary of the United States 
101.3 of America, of the one pad, and the head-men and warriors of 
1011 all the Chcrokees of the other. 

1015 The commissioners plenipotentiary of the United States in 

1010 Congress assembled, give peace to all the Cherokees, ami re 

1017 ceivc them into the favour and protection of the United States ol 

1 0 18 A merica, on the f'ol lo w i n g co ndi t io ns : 

1010 Article 1. The head-men and warriors of all the Ulierokei - 

1020 shall restore all the prisoners, citizens of the United States, oi 

1021 subjects of their allies, to their entire liberty: They shall also 

1022 restore all the negroes, and all other property taken during the 



-1 I T 



1023 lute will" from the citizens, to .such person, ami at such time and 

ID2 i place as tlie commissioners shall appoint. 

1025 AllTICLE 2. The commissioners oi' the United States in 

11)2(1 Congress assembled shall restore nil the prisoners taken from 

1027 the Indians, during' the late war, to the head-men and warriors 

1.028 of the GherokeeSj as early as is practicable. 

1020 AllTICLE 3. The said Indians, for themselves and their re 

L030 speotive tribes and towns, do acknowledge all the Cherokees to 

L031 be under the protection of the United States of America, and of 

L032 no other sovereign whosever. 

L033 ARTICLE 4. The boundary allotted to the Cherokees lor 

103-1 their hunting-grounds between the said Indians and the citizens 

1035 of the United States, within the limits of the United States of 

L03G America, is, and shall be the following, viz: Beginning at the 

1037 month of Duck River, on the Tennessee ; thence running north 

103S east to the ridge dividing the waters running into Cumberland 

1030 from those running into the Tennessee; thence eastwardly 

1010 along the said ridge to a northeast line to be ran, which shall 
10 11 strike the river Cumberland forty miles above Nashville ; thence 
1042 along the said line to the river; thence up the said river to the 
L043 lord where the Kentucky road crosses the river ; thence to Camp- 

1011 bell's line, near Cumberland Gap; thence to the mouth of 
10 15 Claud's Creek on Holstein ; thence to the Chimney-Top Mountain ; 
10 10 thence to Camp-Creek, near the month of Big Limestone, on 
10 17 Xolichuckey ; thence a southerly coarse six miles to a mountain ; 
10 IS thence south to the North Carolina line; thence to the South 
10 11) Carolina Indian boundary, and along the same southwest over 
1050 the top of the Oconee Mountain till it shall strike Tugaloo River ; 
L051 thence a direct line to the top of the Currohee Mountain : 
1052 thence to the head of the south fork of Oconee River. 

L053 Article 5. If any citizen of the United States, or other 

1054 person not being an Indian, shall attempt to settle on any of 

1055 the lands westward or southward of the said boundary which 
105G an' hereby allotted to the Indians for their hunting grounds, or 
1U57 having already settled and will not remove from the same within 
105s six months after the ratification of this treaty, such person shall 
1050 forfeit the protection of the United States, and the Indians may 
loot) punish him or not as they please: Provided nevertheless, That 
LOG! this article shall not extend to the people settled between the 
1002 Ibik of French Broad and Holstein Rivers, whose particular sit- 
1063 nation shall be transmitted to the United States in Congress as- 
1001 sembled for their decision thereon, which the Indians agree to 
10G5 abide by. 

L06G ARTICLE G. If any Indian or Indians, or person residing 

1067 among them, or who shall take refuge in their nation, shall 

L068 commit a robbery, or murder, or other capital crime, on any cit- 



27 



LOGO izen of the United States, or person under (heir protection, the 

1070 nation, or the tribe to which .such offender or offenders may be 
L071 long, shall be bound to deliver him or them up to be punished 
1072 according to the ordinances of the United States: Provided ^ 
107-*) That the punishment shall not be greater than if* the robbery oi 

1071 murder, or other capital crime, had been committed by a citizen 
107.") on a citizen. 

1070 Article 7. It* any citizen of the United States, or person 

1077 under their protections shall commit a robbery or murder, oi 

1078 other capital crime, on any Indian, such offender or offenders 
1070 shall be punished in the same manner as it* the murder or rob 
10S0 bery, or other capital crime, had been committed on a citizen of 
L081 the United States; and the punishment shall be in presence of 

1082 some of the Cherokees, if any shall attend at the time ami 

1083 place; and that they may have an opportunity so to do, due 
1081 notice of the time of such intended punishment shall be sent t<> 

1085 some one of the tribes. 

1086 ARTICLE 8. It is understood that the punishment of tin 

1087 innocent, under the idea of retaliation, is unjust, and shall not be 
LOSS practised on either side, except where there is a manifest viola 
1080 tion of this treaty ; and then it shall be preceded first by a de- 
1.000 mand of justice, and if refused, then by a declaration of In 

1091 tilities. 

1092 Article 0. For the benefit and comfort of the Indians, 
100.1 and for the prevention of injuries or oppressions on the part of 
1001 the citizens or Indians, the United States in Congress assem- 
1005 bled shall have the sole and exclusive right of regulating the 
1000 trade with the Indians, and managing all their affairs in such 

1007 manner as they think proper. 

1008 Article 10. Until the pleasure of Congress be known 
1090 respecting the ninth article, all traders, citizens of the United 

1100 States, shall have liberty to go to any of the tribes or towns of 

1101 the Cherokees to trade with them, and they shall be protected 
1101' in their persons and property, and kindly treated. 

1103 Article 11. The said Indians shall give notice to the citi 

1104 zens of the United States of any designs which they may 

1105 know or suspect to be formed in any neighbouring tribe, or by 
HOG any person whosoever, against the peace, trade, or interest of 

1 107 the United States. 

1108 ARTICLE 12. That the Indians may have fall confidence in 
1 loo the justice of the United States respecting their interests, tln \ 

1 1 10 shall have the right to send a deputy of their choice, whenever 
till they think lit, to Congress. 

1112 Article 13. The hatchet shall be forever buried, and the 

1 1 13 peace given by the United States, and friendship re-established 

1111 between the said States on the one part, and all the Cherokee s 



28 



1115 on the oilier, .shall be universal; and the contracting parties 

I I 10 shall use their utmost endeavours to maintain the peace given as 

111* aforesaid, and friendship re-established. 

Ills ( 'oncluded November 22, 1785. 

Ill',) .1 t 'y 'eat if of peace and friendship made and concluded between the 

1120 President of the United States of America, on the part and 

1121 behalf of the said States, and the undersigned chiefs and irar- 
1 122 riors of the Cherokee Nation of Indians^ on the part and be- 
111':; half of the said nation. 

1124 The parties being desirous of establishing permanent peace 1 



1 125 and friendship between the United States and the said Cherokee 

1120 Nation, and the citizens and members thereof) and to remove 

1 127 the causes of war, by ascertaining their limits and making other 

1128 necessary, just, and friendly arrangements: The President of 
lii'!! the United States, by William Blount, governor of the territory 

1130 of the United States of America south of the river Ohio, and 

1131 superintendent of Indian affairs for the southern district, who 

1132 is vested with full powers for these purposes, by and with the 

1133 advice and consent of the Senate of the United States: And 

1134 the Cherokee Nation, by the undersigned chiefs and warriors 

1135 representing the said nation, have agreed to the following arti- 
1 130 cles, namely : 



1137 Article 1. There shall be perpetual peace and friendship 

i 138 between all the citizens of the United States of America, and 

1139 all the individuals composing tin 1 whole Cherokee Nation of In- 
lib) dial is. 

1111 ARTICLE 2. The undersigned chiefs and warriors, for them 

1112 selves and all parts ol* the Cherokee Nation, do acknowledge 
11 1') themselves and the said Cherokee Nation to be under the pro- 
114-1 lection of the United States of America, and of no other sov- 
1 U5 ereign whosoever; and they also stipulate that the said Chero- 

1140 kee Nation will not hold any treaty with any foreign power, hi- 
ll 17 dividual State, or with individuals of any State. 

1148 Article 3. The Cherokee Nation shall deliver to the gov- 



Jl i'.i ernor of the territory of the United States of America south 

J 150 «>l* the river Ohio, on or before the 1st day of April next, at this 

il ll place, all persons who are now prisoners, captured by them from 

1152 any part of the United States: And the United States shall on 

1153 or before the same day, and at the same place, restore to the 

1154 Cherokees all the prisoners now in captivity which the citizens 

1 155 of the United States have capt tired from them. 

1150 ARTICLE 1. The boundary between the citizens of the 

L157 United States and the Cherokee Nation is and shall be as fol- 

1158 lows: Beginning al the top of the Currahee Mountain, where 



29 



1159 tbe Creek line passes it; thence a diiect line to Tugelo River 

11G0 tbence northeast to the Ocennna Mountain, and over the same 

1161 along the South Carolina Indian boundary to the North Caro- 

11G2 Una boundary; thence north to a point from which a line is to 

1163 be extended to the river Clinch, that shall pass to Holston at 

1161 the ridge which divides the waters running into Little River 

11G5 from those running into the Tennessee ; thence up the river 

116G Clinch to Campbell's line, and along the same to the top of 

11G7 Cumberland Mountain ; thence a direct line to the Cumberland 

1168 River where the Kentucky road crosses it ; thence down the 

11G9 Cumberland River to a i>oint from which a southwest line will 

1170 strike the ridge which divides the waters of Cumberland from 

1171 those of Duck River, forty miles above Nashville; thence down 

1172 the said ridge to a point from whence a southwest line will 

1173 strike the mouth of Duck River. 

1174 And in order to preclude forever all disputes relative to the 

1175 said boundary, the same shall be ascertained and marked 

1176 plainly by three persons appointed on the part of the United 

1177 States, and three Cherokees on the part of their nation. 

1178 And in order to extinguish forever all claims of the Chero- 

1179 kee Nation, or any part thereof, to any of the land lying to the 

1180 right of the line above described, beginning as aforesaid at the 

1181 Currahee Mountain, it is hereby agreed, that in addition to the 

1182 consideration heretofore made for the said laud, the United 

1183 States will cause certain valuable goods to be immediately de- 
118-1 livered to the undersigned chiefs and warriors, for the use of 

1185 their nation ; and the said United States will also cause the sum 

1186 of one thousand dollars to be paid annually to the said Cherokee 

1187 Nation. And the undersigned chiefs and warriors do hereby 

1188 for themselves and the whole Cherokee Nation, their heirs and 

1189 descendants, for the considerations above-mentioned, release^ 

1190 quit claim, relinquish, and cede, all the laud to the right of the 

1191 line described, and beginning as aforesaid. 

1192 Article 5. It is stipulated and agreed that the citizens and 

1193 inhabitants of the United States shall have a free and unmolested 
1191 use of a road from Washington district to Mero district, and of 

1195 the navigation of the Tennessee River. 

1196 Article 6. It is agreed on the part of the Cherokees that 

1197 the United States shall have the sole and exclusive right cf 

1198 regulating their trade. 

1199 Article 7. The United States solemnly guarantee to the 

1200 Cherokee Nation all their lands not hereby ceded. 

1201 Article 8. If any citizen of the United States, or other 

1202 person not being an Indian, shall settle on any of the Cherokees" 
120 ) lands, such person shall forfeit the protection of the Unite 1 



30 



1204 States, and the Cberokees may punish hiin or not, as they 

1205 please. 

1200 ArticlkO. No citizen or inhabitant of the United States 

1207 shall attempt to hunt or destroy the game on the lands of the 

1208 Cberokees; nor shall any citizen or inhabitant go into the Cher- 
1200 okee country without a passport first obtained from the governor 

1210 of some one of the United States, or territorial districts, or such 

1211 other person as the President of the United States may from 

1212 time to time authorize to grant the same. 

1213 Article 10, If any Cherokee Indian or Indians, or person 
1211 residing among them, or who shall take refuge in their nation, 

1215 shall steal a horse from, or commit a robbery or murder, or other 

1216 capital crime, on any citizens or inhabitants of the United States, 

1217 the Cherokee Nation shall be bound to deliver him or them up, 

1218 to be punished according to the laws of the United States. 

1219 Article 11. If any citizen or inhabitant of the United 

1220 States, or of either of the territorial districts of the United 

1221 States, shall go into any town, settlement, or territory belonging 

1222 to the Cberokees, and shall there commit any crime upon, or 

1223 tresx>ass against the person or property of any peaceable and 

1224 friendly Indian or Indians which, if committed within the juris- 

1225 diction of any State, or within the jurisdiction of either of the 

1226 said districts, against a citizen or white inhabitant thereof, would 

1227 be punishable by the laws of such State or district, such offender 

1228 or offenders shall be subject to the same punishment, and shall 

1229 be proceeded against in the same manner as if the offence had 

1230 been committed within the jurisdiction of the State or district 

1231 to which he or they may belong, against a citizen or white inhab- 

1232 itant thereof. 

1233 Article 12. In case of violence on the persons or property 

1234 of the individuals of either party, neither retaliation or reprisal 

1235 shall be committed by the other, until satisfaction shall have 

1236 been demanded of the party of which the aggressor is, and shall 

1237 have been refused. 

1238 Article 13. The Cherokees shall give notice to the citizens 

1239 of the United States of any designs which they may know or 

1240 suspect to be formed in any neighbouring tribe, or by any person 

1241 whatever, against the peace and interest of the United States. 

1242 Article 14. That the Cherokee Nation may be led to a 

1243 greater degree of civilization, and to become herdsmen and cul- 

1244 tivators, instead of remaining in a state of hunters, the United 

1 245 States will from time to time furnish gratuitously the said nation 

1246 with useful implements of husbandry ; and further to assist the 

1247 said nation in so desirable a pursuit, and at the same time to 

1248 establish a certain mode of communication, the United States 

1249 will send such and so many persons to reside in said nation as 



31 



1250 they may judge proper, not exceeding four in number, who shall 

1251 qualify themselves to act as interpreters. These persons shall 

1252 have lands assigned by the Cherokees for cultivation for theur 

1253 selves and their successors in office ; but they shall be precluded 
1251 exercising any kind of traffic. 

1255 Article 15. All animosities for past grievances shall 

1256 henceforth cease, and the contracting parties will carry the fore- 

1257 going treaty into full execution with all good faith and sin- 

1258 cerity. 

1259 Article 1G. This treaty shall take effect and be obligatory 

1260 on the contracting parties as soon as the same shall have been 

1261 ratified by the President of the United States, with the advice 

1262 and consent of the Senate of the United States. 



1263 Additional article to the treaty made "between the United States 

1261 and the Cherokees on the second day of July, one thousand 

1265 seven hundred and ninety-one. 

1266 It is hereby mutually agreed between Henry Knox, Secre- 

1267 tary of War, duly authorized thereto in behalf of the United 

1268 States, on the one part, and the undersigned chiefs and warriors, 

1269 in behalf of themselves and the Cherokee Nation, on the other 

1270 part, that the following article shall be added to and considered 

1271 as part of the treaty made between the United States and the 

1272 said Cherokee Nation on the second day of July, one thousand 

1273 seven hundred and ninety-one, to wit : 

1271 The sum to be paid annually by the United States to the 

1275 Cherokee Nation of Indians, in consideration of the relinquish- 

1276 ment of land, as stated in the treaty made with them on the sec- 

1277 ond day of July, one thousand seven hundred and ninety-one. 

1278 shall be one thousand five hundred dollars instead of one thou- 

1279 sand dollars, mentioned in the said treaty. 

1280 Proclaimed February 7, 1792. 

1281 Treaty with the Cherokee Indians. 

1282 Whereas the treaty made and concluded on Holston Kiver, 

1283 on the second day of July, one thousand seven hundred and 
1281 ninety-one, between the United States of America and the Cher- 

1285 okee Nation of Indians, has not been fully carried into execution 

1286 by reason of some misunderstandings which have arisen : 

1287 Article 1. And whereas the undersigned Henry Knox, 
128S Secretary for the Department of War, being authorised thereto 

1289 by the President of the United States, in behalf of the said 

1290 United States, and the undersigned chiefs and warriors, in their 

1291 own names, and in behalf of the whole Cherokee Nation, are 



32 



1 292 desirous of re-establishing pcaee and friendship between the said 

1293 parties in a permanent manner, do hereby declare that the said 

1294 treaty of Holston is, to all intents and purposes, in full force and 

1295 binding upon the said parties, as well in respect to the boundaries 

1296 therein mentioned as in all other respects whatever. 

1297 Article 2. It is hereby stipulated that the boundaries 

1298 mentioned in the fourth article of the said treaty shall be 

1299 actually ascertained and marked in tbe manner prescribed by 

1300 the said article, whenever the Cherokee Nation shall have ninety 

1301 days' notice of the time and place at which the commissioners of 

1302 the United States intend to commence their operation. 

1303 Article 3. The United States, to evince their justice by 
1301 amply compensating the said Cherokee Nation of Indians for all 

1305 relinquishments of land made either by the treaty of Hopewell 

1306 upon the Keowee Kiver, concluded on the twenty-eighth of No- 

1307 vember, one thousand seven hundred and eighty-five, or the 

1308 aforesaid treaty made upon the Holston River, on the second of 

1309 July, one thousand seven hundred and ninety-one, do hereby 

1310 stipulate, in lieu of all former sums to be'paid annually, to fur- 

1311 nish the Cherokee Indians with goods suitable for their use, to 

1312 the amount of five thousand dollars yearly. 

1313 Article 4. And the said Cherokee Nation, in order to 

1314 evince the sincerity of their intentions in future, to prevent the 

1315 practice of stealing horses, attended with the most pernicious 

1316 consequences to the lives and peace of both parties, do hereby 

1317 agree, that for every horse which shall be stolen from the white 

1318 inhabitants by any Cherokee Indians, and not returned within 

1319 three months, that the sum of fifty dollars shall be deducted 

1320 from the said annuity of five thousand dollars. 

j 321 Article 5. The articles now stipulated will be considered 

1322 as permanent additions to the treaty of Holston, as soon as they 

1323 shall have been ratified by the President of the United States 

1324 and the Senate of the United States. 

1325 Proclaimed January 21, 1795. 

1326 Articles of a treaty between the United States of America and the 

1327 Cherokee Indians. 

1328 Whereas the treaty made and concluded on Holston Kiver, 

1329 on the second day of July, in the year one thousand seven hun- 

1330 drecl and ninety-one, between the United States of America and 

1331 the Cherokee Nation of Indians, had not been carried into exe- 

1332 cution for some time thereafter, by reason of some misuuder- 

1333 standings which had arisen 5 and 

1334 Whereas in order to remove such misunderstandings, and 



33 



1335 to provide for carrying: the said treaty into effect, and for re- 

133G establishing more fully the peace and friendship between the 

1337 parties, another treaty was held, made, and concluded by and 

1338 between them, at Philadelphia, the twenty-sixth day of June, in 

1339 the year one thousand seven hundred and ninety-four ; in which, 

1340 among other things, it was stipulated that the boundaries 

1341 mentioned in the fourth article of the said treaty of Holston 

1342 should be actually ascertained and marked in the manner pre- 

1343 scribed by the said article, whenever the Cherokee Nation should 

1344 have ninety days' notice of the time and place at which the com- 

1345 missioners of the United States intended to commence their 

1346 operation; and 

1347 Whereas further delays in carry in g the said fourth article in to 

1348 complete effect did take place, so that the boundaries mentioned 

1349 and described therein were not regularly ascertained and marked 

1350 until the latter part of the year one thousand seven hundred and 

1351 ninety-seven ; before which time, and for want of knowing the di- 

1352 rect course of the said boundary, divers settlements were made, 

1353 by divers citizens of the United States, upon the Indian lands over 

1354 and beyond the boundaries so mentioned and described in the 

1355 said article, and contrary to the intention of the said treaties; 

1356 but which settlers were removed from the said Indian lands, by 

1357 authority of the United States, as soon after the boundaries had 

1358 been so lawfully ascertained and marked as the nature of the 

1359 case had admitted ; and 

1360 Whereas for the purpose of doing justice to the Cherokee 

1361 Nation of Indians, and remedying inconveniencies arising to 

1362 citizens of the United States from the adjustment of the bound- 

1363 ary-line between the lands of the Cherokees and those 

1364 of the United States, or the citizens thereof, or from any other 

1365 cause in relation to the Cherokees; and in order to promote 

1366 the interests and safety of the said States, and the citizens 

1367 thereof, the President of the United States, by and with the 

1368 advice and consent of the Senate thereof, hath appointed George 

1369 Walton, of Georgia, and the President of the United States hath 

1370 also appointed Lieutenant-Colonel Thomas Butler, commanding 

1371 the troops of the United States in the State of Tennessee, to be 

1372 commissioners for the purpose aforesaid ; and who on the part 

1373 of the United States, and the Cherokee Nation by the under- 

1374 signed chiefs and warriors, representing the said nation, have 

1375 agreed to the following articles, namely : 

1376 Article 1. The peace and friendship subsisting between 

1377 the United States and the Cherokee people are hereby renewed, 

1378 continued, and declared perpetual. 

1379 Article 2. The treaties subsisting between the present 

1380 contracting parties are acknowledged to be of full and operat- 

5it 



34 



1381 ing force ; together with the construction and usage under their 

1382 respective articles, and so to continue, 

1383 Article 3. The limits and boundaries of the Cherokee 

1384 Nation, as stipulated and marked by the existing treaties between 

1385 the parties, shall be and remain the same, where not altered by 

1386 the present treaty. 

1387 Article 4. In acknowledgment for the protection of the 

1388 United States, and for the considerations hereinafter expressed 

1389 and contained, the Cherokee Nation agree, and do hereby relin- 

1390 quish and cede to the United States all the lands within thefol- 

1391 lowing points and lines, viz : From a point on the Tennessee 

1392 Eiver, below Tellico block-house, called the Wild-cat Eock, in a 

1393 direct line to the Militia spring, near the Maryville road leading 
1391 from Tellico. From the said spring to the Chill-howie Mountain, 

1395 by a line so to be run as will leave all the farms on Nine-mile 

1396 Creek to the northward and eastward of it ; and to be continued 

1397 along Chill-howie Mountain, until it strikes Hawkins's line. 

1398 Thence along the said line to the great Iron Mountain ; and from 

1399 the top of which a line to be continued in a soutkeastwardly 

1400 course to where the most southwardly branch of Little Eiver 

1401 crosses the divisional line to Tuggaloe Kiver : From the place of 

1402 beginning, the Wild-cat Rock, down the northeast margin of the 

1403 Tennessee Eiver (not including islands) to a point or place one 

1404 mile above the junction of that river with the Clinch, and from 

1405 thence by a line to be drawn in a right angle, until it intersects 

1406 Hawkins's line leading from Clinch. Thence down the said line 

1407 to the river Clinch ; thence up the said river to its junction with 

1408 Emmery's Eiver; and .thence up Emmery's Eiver to the foot of 

1409 Cumberland Mountain. From thence a line to be drawn, north- 

1410 eastwardly, along the foot of the mountain, until it intersects 

1411 with Campbell's line. 

1412 Article 5. To prevent all future misunderstanding about 

1413 the line described in the foregoing article, two commissioners 

1414 shall be appointed to superintend the running and marking the 

1415 same, wdiere not ascertained by the rivers, immediately after 

1416 signing this treaty ; one to be appointed by the commissioners 

1417 of the United States, and the other by the Cherokee Nation ; 

1418 and wiio shall cause three maps or charts thereof to be made 

1419 out; one whereof shall be transmitted and deposited in the 

1420 War Office of the United States ; another with the executive of 

1421 the State of Tennessee, and the third with the Cherokee Nation, 

1422 Avhich said line shall form a part of the boundary between the 

1423 United States and the Cherokee Nation. 

1424 Article 6. In consideration of the relinquishment and ces- 

1425 sion hereby made, the United States,, upon signing the present 

1426 treaty, shall cause to be delivered to the Cherokees, goods, 



35 



1427 wares, and merchandize, to the amount of five thousand dollars, 

1428 and shall cause to be delivered, annually, other goods, to tbe 

1429 amount of one thousand dollars, in addition to the annuity 

1430 already provided for ; and will continue the guarantee of the 

1431 remainder of their country forever, as made and contained in 

1432 former treaties. 

1433 Article 7. The Cherokee Nation agree, that the Kentucky 

1434 road, running between the Cumberland Mountain and the Cum- 

1435 berlaud River, where the same shall pass through the Indian 
1438 land, shall be an open and free road for the use of the citizens of 

1437 the United States in like manner as the road from Southwest 

1438 Point to Cumberland River. In consideration of which it is 

1439 hereby agreed on the part of the United States, that until settle- 

1440 merits shall make it improper, the Cherokee hunters shall be at 

1441 liberty to hunt and take game upon the lands relinquished and 

1442 ceded by this treaty. 

1443 Article 8. Due notice shall be given to the principal 

1444 towns of the Cherokees, of the time proposed for delivering the 

1445 annual stipends ; and sufficient supplies of provisions shall be 

1446 furnished, by and at the expense of the United States, to sub- 

1447 sist such reasonable number that may be sent, or shall attend to 

1448 receive them during a reasonable time. 

1449 Article 9. It is mutually agreed between the parties, that 

1450 horses stolen and not returned within ninety days shall be paid 

1451 for at the rate of sixty dollars each ; if stolen by a white man, 

1452 citizen of the United States, the Indian proprietor shall be paid 

1453 in cash ; and if stolen by an Indian from a citizen, to be deducted 

1454 as expressed in the fourth article of the treaty of Philadelphia. 

1455 This article shall have retrospect to the commencement of the 

1456 first conferences at this place in the present year, and no fur- 

1457 ther. And all animosities, aggressions, thefts, and plundering^, 

1458 prior to that day, shall cease, and be no longer remembered or 

1459 demanded on either side. 

1460 Article 10. The Cherokee Nation agree, that the agent who 

1461 shall be appointed to reside among them from time to time 

1462 shall have a sufficient piece of ground allotted for his temporary 

1463 use, 

1464 And lastly, This treaty, and the several articles it contains, 

1465 shall be considered as additional to, and forming a part of, 

1466 treaties already subsisting between the United States and the 

1467 Cherokee Nation, and shall be carried into effect on both sides, 

1468 Avith all good faith, as soon as the same shall be approved and 

1469 ratified by the Presideut of the United States, and the Senate 

1470 thereof. 

1471 Concluded October 2, 1798. 



36 



1472 Articles of a treaty between the United States of America and the 

1473 Cherokee Indians. 

1474 Daniel Smith and Return J. Meigs, being commissioned by 

1475 Thomas Jefferson, President of the United States, with powers 

1476 of acting in behalf of the said United States, in arranging cer- 

1477 tain matters with the Cherokee Nation of Indians; and the 

1478 underwritten principal chiefs, representing the said nation, hav- 

1479 ing met the said commissioners in a conference at Tellico, and 

1480 having taken into their consideration certain propositions made 
14S1 to them by the said commissioners of the United States; the 

1482 parties aforesaid have unanimously agreed and stipulated, as is 

1483 definitely expressed in the following articles : 

1484 Article 1. For the considerations hereinafter expressed, 

1485 the Cherokee Nation relinquish and cede to the United States 

1486 a tract of land bounding, southerly, on the boundary-line be- 

1487 tween the State of Georgia and the said Cherokee Nation, begin- 

1488 ning at a point on the said boundary-line northeasterly of the 

1489 most northeast plantation, in the settlement known by the name 

1490 of Watford's Settlement, and running at right angles with the 

1491 said boundary line four miles into the Cherokee land ; thence 

1492 at right angles southwesterly and parallel to the first mentioned 

1493 boundary -line, so far as that a line, to be run at right angles 

1494 southerly to the said first mentioned boundary-line, shall include 

1495 in this cession all the plantations in Watford's Settlement, 

1496 so-called, as aforesaid. 

1497 Article 2. For and in consideration of the relinquishment 

1498 and cession, as expressed in the first article, the United States, 

1499 upon signing the present treaty, shall cause to be delivered to 

1500 the Cherokees useful goods, wares, and merchandise, to the 

1501 amount of five thousand dollars, or that sum in money, at the 

1502 option (timely signified) of the Cherokees, and shall, also, cause 

1503 to be delivered, annually, to them, other useful goods to the 

1504 amount of one thousand dollars, or money to that amount, at 

1505 the option of the Cherokees, timely notice thereof being given, 

1506 in addition to the annuity heretofore stipulated, and to be de- 

1507 livered at the usual time of their receiving their annuity. 

1508 Proclaimed May 17, 1804. 

1509 Articles of a treaty agreed upon bettceen the United States of Amer- 

1510 tea j by their commissioners, Return J. Meigs and Daniel Smith, 

1511 appointed to hold conferences with the Cherokee Indians, for the 

1512 purpose of arranging certain interesting matters ivith the said 

1513 Cherokees, of the one part, and the undersigned chiefs and head- 

1514 men of the said nation, of the other part. 

1515 Article 1. All former treaties, which provide for the main- 



37 



1516 tenance of peace and preventing of crimes, arc on this occasion 

1517 recognized and continued in force. 

1518 Article 2. The Cherokees quit claim and cede to the 

1519 United States all the land which they have heretofore claimed, 

1520 lying to the north of the following boundary line : beginning 

1521 at the mouth of Duck Eiver, running thence up the main stream 

1522 of the same to the junction of the fork, at the head of which Fort 

1523 Nash stood, with the main south fork ; thence a direct course to 
1521 a point on the Tennessee Eiver bank, opposite the mouth of 

1525 Hiwassa Eiver. If the line from Hiwassa should leave out 

1526 Field's Settlement, it is to be marked round his improvement, 

1527 and then continued the straight course ; thence up the middle 

1528 of the Tennessee Eiver, (but leaving all the islands to the Cher- 

1529 okees,) to the mouth of Clinch Eiver ; thence up the Clinch 

1530 Eiver to the former boundary line agreed upon with the said 

1531 Cherokees, reserving at the same time to the use of the Cher- 

1532 okees a small tract lying at and below the mouth of Clinch 

1533 Eiver $ from the mouth extending thence down the Tennessee 

1534 Eiver, from the mouth of Clinch to a notable rock on the north 

1535 bank of the Tennessee, in view from Southwest Point ; thence 
1526 a course at right angles with the river to the Cumberland road ; 

1537 thence eastwardly along the same, to the bank of Clinch Eiver 5 

1538 so as to secure the ferry landing to the Cherokees up to the first 

1539 hill, and down the same to the mouth thereof, together with two 

1540 other sections of one square mile each, one of which is at the 

1511 foot of Cumberland Mountain, at and near the place where the 

1512 turnpike gate now stands ; the other on the north bank of the 

1543 Tennessee Eiver, where the Cherokee Talootiske now lives. And 

1544 whereas, from the present cession made by the Cherokees, and 

1545 other circumstances, the site of the garrisons at South "West 

1546 Point and Tellico are become not the most convenient and suit- 

1547 able places for the accommodation of the said Indians, it may 

1548 become expedient to remove the said garrisons and factory to 

1549 some more suitable place, three other square miles are reserved 

1550 for the particular disposal of the United States on the north 

1551 bank of the Tennessee, opposite to and below the mouth of 

1552 Hiwassa. 

1553 Article 3. In consideration of the above cession and relin- 

1554 quishment, the United States agree to pay immediately three 

1555 thousand dollars in valuable merchandize, and eleven thousand 

1556 dollars within ninety days after the ratification of this treaty, and 

1557 also an annuity of three thousand dollars, the commencement of 

1558 which is this date. But so much of the said eleven thousand 

1559 dollars as the said Cherokees may agree to accept in useful arti. 

1560 cles of and machines for agriculture and manufactures, shall be 

1561 paid in those articles, at their option. 



08 



1562 Article 4. The citizens of the United States shall have the 

1563 free and unmolested nse and enjoyment of the two following de- 

1564 scribed roads, in addition to those which are at present estal> 

1565 lished through their country ; one to proceed from some convenient 

1566 place near the head of Stone's River, and fall into the Georgia 

1567 road at a suitable place towards the southern frontier of the 

1568 Cherokees. The other to proceed from the neighbourhood of 

1569 Franklin , on Big Harpath, and crossing the Tennessee at or near 

1570 the Muscle Shoals, to pursue the nearest and best way to the 

1571 settlements on theTombigbee. These roads shall be viewed and 

1572 marked out by men appointed on each side for that purpose, in 

1573 order that they may be directed the nearest and best ways, and 
1571 the time of doing the business the Cherokees shall be duly 

1575 notified. 

1576 Article 5. This treaty shall take effect and be obligatory 
1577. on the contracting parties as soon as it is ratified by thePresi- 

1578 dent of the United States, by and with the advice and consent 

1579 of the Senate of the same. 

1580 Proclaimed April 21, 1806. 

1581 Articles of a treaty between the United /States of America, by their 

1582 commissioners, Return J. Meigs and Daniel Smith, who are 

1583 appointed to hold conferences with the Cherokees for the purpose 
1581 of arranging certain interesting matters with the said Indians, 

1585 of the one part, and the undersigned chiefs and head-men of the 

1586 Cherokees, of the other part. 

» 

1587 Article 1. Whereas it has been represented by the one 

1588 party to the other, that the section of land on which the garrison 

1589 of South West Point stands, and which extends to Kingston, is 

1590 likely to be a desirable place for the assembly of the State of 

1591 Tennessee to convene at, (a committee from that body now in 

1592 session having viewed the situation,) now the Cherokees being 

1593 possessed of a spirit of conciliation, and seeing that this tract is 

1594 desired for public purposes, and not for individual advantages, 

1595 (reserving the ferries to themselves,) quit claim and cede to the 

1596 United States the said section of land, understanding at the same 

1597 time that" the buildings erected by the public are to belong to 

1598 the public, as well as the occupation of the same, during the 

1599 pleasure of the Government ; we also cede to the United States 

1600 the first island in the Tennessee, above the mouth of Clinch. 

1601 Article 2. And whereas the mail of the United States is 

1602 ordered to be carried from Knoxville to Kew Orleans, through 

1603 the Cherokee, Creek and Choctaw countries, the Cherokees 

1604 agree that the citizens of the United States shall have, so far as 

1605 it goes through their country, the free and unmolested use of a 



39 



1606 road leading from Tellico to Tombigbe, to be laid out by viewers 

1607 appointed on both sides, who shall direct it the nearest and best 

1608 way; and the time of doing the business the Oherokees shall be 

1609 notified of. 

1610 Article 3. In consideration of the above cession and re- 

1611 linquishment, the United States agree to pay to the said Ohei 

1612 okee [ndians sixteen hundred dollars in money, or useful mer- 

1613 chandize, at their option, within ninety days after the ratification 

1614 of this treaty. 

1615 Article 1. This treaty shall be obligatory between the con- 

1616 tracting parties as soon as it is ratified by the President, by and 

1617 with the advice and consent of the Senate of the United States, 

1618 Proclaimed June 10, 1806. 

1619 A convention between the United States and the Cherokee Nation of 

1620 Indians, concluded at the city of Washington, on the seventh 

1621 day of January, in the year one thousand eight hundred and 

1622 six. 

1623 Articles of a convention made between Henry Dearborn, 

1624 secretary of war, being specially authorized thereto by the Pres- 

1625 ident of the United States, and the undersigued chiefs and head- 

1626 men of the Cherokee Nation of Indians, duly authorized and era- 

1627 powered by said nation. 

1628 Article 1, The undersigned chiefs and head-men of the 

1629 Cherokee Nation of Indians, for themselves and in behalf of their 

1630 nation, relinquish to the United States all right, title, interest 

1631 and claim, which they or their nation have or ever had to all 

1632 that tract of country which lies to the northward of the river 

1633 Tennessee and westward of a line to be run from the upper part 

1634 of the Chickasaw Old Fields, at the upper point of an island, 

1635 called Chickasaw Island, on said river, to the most easterly head 

1636 waters of that branch of said Tennessee Eiver called Duck Eiver, 

1637 excepting the two following described tracts, viz, one tract 

1638 bounded southerly on the said Tennessee Eiver, at a place called 

1639 the Muscle Shoals, westerly by a creek called Te Kee, ta, no-eh 

1640 or Cyprus Creek, and easterly by Chu, wa, lee, or Elk Eiver or 

1641 Creek, and northerly by a line to be drawn from a point on said 

1642 Elk Eiver ten miles on a direct line from its mouth or junction 

1643 with Tennessee Eiver, to a point on the said Cyprus Creek, ten 

1644 miles on a direct line from its junction with the Tennessee Eiver. 

1645 The other tract is to be two miles in width on the north side 

1646 of Tennessee Eiver, and to extend northerly from that river 

1647 three miles, and bounded as follows, viz, beginning at the mouth 

1648 of Spring Creek, and running up said creek three miles on a 

1649 straight line, thence westerly two miles at right angles with the 



40 



1650 general course of said creek, thence southerly on a line parallel 

1651 with the general course of said creek to the Tennessee River, 

1652 thence up said river by its waters to the beginning : which first 

1653 reserved tract is to be considered the common property of the 
1651 Gherokees who now live on the same, including John D. Ches- 

1655 holm, Au, tow, we, and Gheh Chuh, and the other reserved tract 

1656 on which Moses Melton now lives is to be considered the prop- 

1657 erty of said Melton and of Gharles Hicks, in equal shares. 

1658 And the said chiefs and head-men also agree to relinquish 

1659 to the United States all right or claim which they or their nation 

1660 have to what is called the Long Island in Holston River. 

1661 Article 2. The said Henry Dearborn on the part of the 

1662 United States hereby stipulates and agrees that in consideration 

1663 of the relinquishment of title by the Gherokees, as stated in the 
1661 preceding article, the United States will pay to the Cherokee 

1665 Kation two thousand dollars in money as soon as this convention 

1666 shall be duly ratified by the Government of the United States.; 

1667 and two thousand dollars in each of the four succeeding years, 

1668 amounting in the whole to ten thousand dollars ; and that a grist- 

1669 mill shall, within one year from the date hereof, be built in the 

1670 Cherokee country, for the use of the nation, at such place as 

1671 shall be considered most convenient; that the said Gherokees 

1672 shall be furnished with a machine for cleaning cotton; and also, 

1673 that the old Cherokee chief, called the Black Fox, shall be 
1671 paid annually one hundred dollars by the United States during 

1675 his life. 

1676 Article 3. It is also agreed on the part of the United 

1677 States, that the Government thereof will use its influence and 

1678 best endeavors to prevail on the Chickasaw Kation of Indians to 

1679 agree to the following boundary between that nation and the 

1680 Gherokees to the southward of the Tennessee River, viz, begin- 

1681 ning at the mouth of Caney Creek near the lower part of the 

1682 Muscle Shoals, and to run up said creek to its head, and in a 
1633 direct line from thence to the Flat Stone or Rock, the old corner 

1684 boundary. 

1685 Rut it is understood by the contracting parties that the 

1686 United States do not engage to have the aforesaid line or bound- 

1687 ary established, but only to endeavor to prevail on the Chicka- 

1688 s iw Nation to consent to such a line as the boundary between the 

1689 two nations. 

1690 Article 4. It is further agreed on the part of the United 

1691 States that the claims which the Chickasaws may have to the 

1692 two tracts reserved by the first article of this convention cn the 

1693 north side of the Tennessee River, shall be settled by the United 

1694 States in such manner as will be equitable, and will secure to 

1695 the Cherokees the title to the said reservations. 

1696 Proclaimed May 23, 1807, 



41 



1097 Elucidation of a convention with the Cherokee Nation. 

169 s Whereas b\ the first article of a convention between the 

1699 United States and the Cherokee Nation, entered into at the 

1700 city of Washington, on the seventh day of January, one thou- 

1701 sand eight hundred and six, it was intended on the part of the 

1702 Cherokee Nation, and so understood by the Secretary of War, 

1703 the commissioner on the part of the United States, to cede to 

1704 the United States all the right, title, and interest which the said 

1705 Cherokee Nation ever had to a tract of country contained be 

1706 tween the Tennessee River and The Tennessee ridge (so-called j) 

1707 which tract of country had, since the year one thousand seven 
170S hundred and ninety-four, been claimed by the Cherokees and 

1709 the Chiekasaws; the eastern boundary whereof is limited by a 

1710 line so to be run from the upper part of the Chickasaw Old 

1711 Fields, as to include all the waters of Elk River, anything ex- 

1712 pressed in said convention to the contrary notwithstanding : It 

1713 is therefore now declared by James Robertson and Return J. 
1714: Meigs, acting under the authority of the Executive of the United 

1715 States, and by a delegation of Cherokee chiefs, of whom Euno- 

1716 lee or Black Fox, the king or head chief of said Cherokee Nation. 

1717 acting on the part of, and in behalf of said nation, is one, that 
171S the eastern limits of said ceded tract shall be bounded by a line so 

1719 to be run from the upper end of the Chickasaw Old Fields, a 

1720 little above the upper point of an island called Chickasaw 

1721 Island, as will most directly intersect the first waters of Elk 

1722 River, thence carried to the Great Cumberland Mountain, in 

1723 which the waters of Elk River have their source, then along th e 
1721 margin of said mountain untill it shall intersect lands hereto- 

1725 fore ceded to the United Slates, at the said Tennessee ridge. 

1726 And in consideration of the readiness shown by the Cherokees 

1727 to explain, and to place the limits of the land ceded by the said 

1728 convention out of all doubt, and in consideration of their ex- 

1729 penses in attending council, the Executive of the United States 

1730 will direct that the Cherokee Nation shall receive the sum of 

1731 two thousand dollars, to be paid to them by their agent, at such 

1732 time as the said Executive shall direct, and that the Cherokee 

1733 hunters, as hath been the custom in such cases, may hunt on 
1731 said ceded tract, until by the fullness of settlers it shall become 

1735 improper. And it is hereby declared by the parties, that this 

1736 explanation ought to be considered as a just elucidation of the 

1737 cession made by the first article of said convention, 
173S Proclaimed April 22, 1S08. 

6 it 



42 



1739 Articles of a treaty made and concluded at the city of Washington, 

1740 on the twenty-second day of March, one thousand eight hundred 

1741 and sixteen, between George Graham, being specially authorized 

1742 by the President of the United States thereto, and the under- 
lie signed chiefs and head-men of the Cherokee Ration, duly author- 

1744 izedand empowered by the said nation. 

1745 Article 1. Whereas the executive of the State of South 

1746 Carolina has made an application to the President of the United 

1747 States to extinguish the claim of the Cherokee Nation to that 

1748 part of their lands which lie within the boundaries of the said 

1749 State, as lately established and agreed upon between that State 

1750 and the State of North Carolina; and as the Cherokee Nation 

1751 is disposed to comply with the wishes of their brothers of South 

1752 Carolina, they have agreed and do hereby agree to cede to the 

1753 State of South Carolina, and forever quit claim to, the tract of 

1754 country contained within the following bounds, viz, beginning 

1755 on the east bank of the Chattuga Eiver, where the boundary 

1756 line of the Cherokee Nation crosses the same, running thence, 

1757 with the said boundary-line, to a rock on the Blue Eidge, where 

1758 the boundary-line crosses the same, and which rock has been 

1759 lately established as a corner to the States of North and South 

1760 Carolina ; running thence, south, sixty-eight and a quarter de- 

1761 grees west, twenty miles and thirty-two chains, to a rock on the 

1762 Chattuga Eiver at the thirty-fifth degree of north latitude, an- 

1763 other corner of the boundaries agreed upon by the States of 

1764 North and South Carolina ; thence, down and with the Chat- 

1765 tuga, to the beginning. 

1766 Article 2. For and in consideration of the above cession, 

1767 the United States promise and engage that the State of South 

1768 Carolina shall pay to the Cherokee Nation, or its accredited agent, 

1769 the sum of five thousand dollars, within ninety days after the 

1770 President and Senate shall have ratified this treaty : Provided, 

1771 That the Cherokee Nation shall have sanctioned the same in 

1772 council : And provided also, That the executive of the State of 

1773 South Carolina shall approve of the stipulations contained in 

1774 this article. 

1775 Katified April 8, 1816. 

1776 Articles of a convention made and entered into between George 
1 777 Graham, specially authorized thereto by the President of the 

1778 United States, and the undersigned chiefs and head-men of the 

1779 Cherokee Nation, duly authorized and empowered by the said 

1780 nation. 

1781 Article 1. Whereas doubts have existed in relation to the 

1782 northern boundary of that part of the Creek lands lying west 



43 



1783 of the Coosa Elver, and which were ceded to the United States 

1784 by the treaty held at Fort Jackson, on the ninth day of August, 

1785 one thousand eight hundred and fourteen ; and whereas, by the 

1786 third article of the treaty dated the seventh of January, one 

1787 thousand eight hundred and six, between the United States and 

1788 the Cherokee Nation, the United States have recognised a claim 

1789 on the part of the Cherokee Nation to the land south of the 

1790 Big Bend of the Tennessee Elver, and extending as far west as 

1791 a place on the waters of Bear Creek, [a branch of the Tennes- 

1792 see Eiver,] known by the name, of the Flat Eock, or Stone; it 

1793 is therefore now declared and agreed, tbat a line shall be run 
1791 from a point on the west bank of the Coosa Eiver, opposite to 
L 795 the lower end of the Ten Islands in said river, and above Fort 

1796 Strother, directly to the Flat Eock or Stone, on Bear Creek, [a 

1797 branch of the Tennessee Eiver ;] which line shall be established 

1798 as the boundary of the lands ceded by the Creek Nation to the 

1799 United States by the treaty held at Fort Jackson, on the ninth 

1800 day of August, one thousand eight hundred and fourteen, and 

1801 of the lands claimed by the Cherokee Nation lying west of the 

1802 Coosa and south of the Tennessee Eivers. 

1803 Article 2. It is expressly agreed on the part of the Chero- 
1801 kee Nation that the United States shall have the right to lay 

1805 off, open, and have the free use of, such road or roads, through 

1806 any part of the Cherokee Nation, lying north of the bouudary- 

1807 line now established, as may be deemed necessary for the free 

1808 intercourse between the States of Tennessee and Georgia and 

1809 the Mississippi Territory. And the citizens of the United 

1810 States shall freely navigate and use, as a highway, all the rivers 

1811 and waters within the Cherokee Nation. The Cherokee Nation 

1812 further agree to establish and keep up, on the roads to be opened 

1813 under the sanction of this article, such ferries and public houses 

1814 as may be necessary for the accommodation of the citizens of 

1815 the United States. 

1816 Article 3. In order to preclude any dispute hereafter 

1817 ' relative to the boundary-line now established, it is hereby 

1818 agreed that the Cherokee Nation shall appoint two commission- 

1819 ers to accompany the commissioners already appointed on the 

1820 part of the United States to ran the boundary -lines of the lands 

1821 ceded by the Creek Nation to the United States, while they are 

1822 engaged in running that part of the boundary established by 

1823 the first article of this treaty. 

1824 Article 4. In order to avoid unnecessary expense and 

1825 delay, it is further agreed that, whenever the President of the 

1826 United States may deem it expedient to open a road through any 

1827 part of the Cherokee Nation, in pursuance of the stipulations 

1828 of the second article of this convention, the principal chief of 



44 



1829 the Cherokee Nation shall appoint one commissioner to accom- 

1830 pany the commissioners appointed by the President of the 

1831 United States, to lay off and mark the road ; and the said com- 

1832 missioner shall be paid by the United States. 

1833 Article 5. The United States agree to indemnify the indi- 
1831 victuals of the Cherokee Nation for losses sustained by them in 

1835 consequence of the march of the militia and other troops in the 

1836 service of the United States through that nation; which losses 

1837 have been ascertained by the agents of the United States to 

1838 amount to twenty-five thousand five hundred dollars. 

1839 Ratified _'Aprir8,'1816. 

1840 Treaty with the CJierokees. 

1811 To perpetuate peace and friendship between the United 

1812 States and Cherokee tribe, or nation, of Indians, and to remove 

1843 all future causes of dissension which may arise from indefinite 

1844 territorial boundaries, the President of the United States of 
3845 America, by Major General Andrew Jackson, General David 
1848 Meriwether, and Jesse Franklin, esquire, commissioners plenipo- 

1847 tentiary, on the one part, and the Cherokee delegates on the 

1848 other, covenant and agree to the following articles and condi- 

1849 tions, which, when approved by the Cherokee Nation, and con- 

1850 stitutionally ratified by the Government of the United States; 

1851 shall be binding on all parties : 

1852 Article 1, Peace and friendship are hereby firmly estab- 

1853 lislied between the United States and Cherokee Nation, or tribe, 

1854 of Indians. 

1855 Article 2. The Cherokee Nation acknowledge the folio w- 

1856 iug as their western boundary : South of the Tennessee River, 

1857 commencing at Camp Coffee, on the south side of the Tennessee 

1858 River, which is opposite the Chickasaw Island, running from 

1859 thence a due south course to the top of the dividing ridge 

1860 between the waters of the Tennessee and To mbigbee Rivers ; 

1861 thence eastwardly along said ridge, leaving the head-waters of 

1862 the Black Warrior to the right hand, until opposed by the west 

1863 branch of Well's Creek, down the east bank of said creek to the 

1864 Coosa River, and clown said river. 

1865 Article 3. The Cherokee Nation relinquish t o the United 

1866 States all claim, and cede all title, to lands laying south and west 

1867 of the line, as described in the second article ; and, in consider- 

1868 ation of said relinquishment and cession, the commissiouers 
J 869 agree to allow the Cherokee Nation an annuity of six thousand 

1870 dollars, to continue for ten successive years, and five thousand 

1871 dollars, to be paid in sixty days after the ratification of the 



45 



1872 treaty, as a compensation for any improvements which the said 

1873 nation may have had on the lands surrendered. 

1874 Article 1. The two contracting parties covenant and agree 

1875 that the line, as described in the second article, shall be ascer- 

1876 tained and marked by commissioners, to be appointed by the 

1877 President of the United States ; that the marks shall be bold; 

1878 trees to be blazed on both sides of the line, and the fore and aft 

1879 trees to be marked with the letters U. S.j that the commission' 

1880 ers shall be accompanied by two persons, to be appointed by 

1881 the Cherokee Xation, and that said nation shall have due and 

1882 seasonable notice when said operation is to be commenced. 

1883 Article 5. It is stipulated that the Cherokee Xation will 
1881 meet General Andrew Jackson, General David Meriwether, and 

1885 Jesse Franklin, esquire, in council, at Turkey's Town, Coosa 

1886 Eiver, on the 28th of September, (instant,) there and then to 

1887 express their approbation, or not, of the articles of this treaty ; 

1888 and if they do not assemble at the time and place specified, it is 

1889 understood that the said commissioners may report the same as 

1890 a tacit ratification, on the part of the Cherokee Xation, of this 

1891 treaty. 

1892 Proclaimed December 30, 1816. 

1893 Articles of a treaty concluded, at the Cherokee agency, wit 

1894 tlie Cherokee Xation, between Major- General Andrew Jackson. 

1895 Joseph M'Minn, governor of the State of Tennessee, and General 

1896 Da rid Meriwether, coram issioners plen ipotentiary of the Un [ted 

1897 States. of America, of the one part, and the ch iefs, head-men, and 

1898 warriors of the Cherokee Xation east of the Jlississiptpi Biver, 

1899 and the chiefs, head-men, and warriors of the Cherokees on the 

1900 Arkansas Eiver, and their deputies, John D. Chisholm and 

1901 James Bogers, duly authorized by the chiefs of the Cherokees on 

1902 the Arkansas Biver, in open council, by written power of attor- 

1903 ney, duly signed and executed, in presence of Joseph Sevier 
1901 and William ^Yare. 

1905 "Whereas in the autumn of the year one thousand eight hun- 

1906 dred and eight, a deputation from the Upper and Lower Cbeio- 

1907 kee towns, duly authorized by their nation, went on to the city 

1908 of Washington, the first named to declare to the President ot 

1909 the United States their anxious desire to engage in the pursuits 

1910 of agriculture and civilized life in the country they then cccu- 

1911 pied, and to make known to the President of the United States 

1912 the impracticability of inducing the nation at large to do this, 

1913 and to request the establishment of a division line between the 
1911 upper and lower towns, so as to include all the waters of the 
1915 Hiwassee River to the upper town, that, by thus contracting 



46 



1916 their society within narrow limits, they proposed to begin the 

1917 establishment of fixed laws and a regular government ; the 
191S deputies from the lower towns to make known their desire to 

1919 continue the hunter life, and also the scarcity of game where 

1920 they then lived, and, under those circumstances, their wish to 

1921 remove across the Mississippi River, on some vacant lands of the, 

1922 United States. And whereas the President of the United States. 
• 1923 after maturely considering the petitions of both parties, on the 

1924 ninth day of January, A. D. one thousand eight hundred and 

1925 nine, including other subjects, answered those petitions as fol- 

1926 lows : li The United States, my children, are the friends of both 

1927 parties, and as far as can be reasonably asked they are willing 

1928 to satisfy the wishes of both. Those who remain may be as- 

1929 sured of our patronage, our aid, and good neighborhood. Those 

1930 who wish to remove are permitted to send an exploring party 

1931 to reconnoitre the country on the waters of the Arkansas and 

1932 White Rivers, and the higher up the better, as they will be the 

1933 longer unapproached by our settlements, which will begin at 
1931 the mouths of those rivers. The regular districts of the gov- 

1935 ernment of St. Louis are already laid off to the St. Francis. 

1936 "When this party shall have found a tract of country suit- 

1937 Lng the emigrants, and not claimed by other Indians, we will 

1938 arrange with them and you the exchange of that for a just por- 

1939 tion of the country they leave, and to a part of which, propor- 

1910 tioued to their numbers, they have a right. Every aid towards 

1911 their removal, and what will be necessary for them there, will 

1912 then be freely administered to them : and when established in 

1913 their new settlements, we shall still consider them as our children, 
1911 give them the benefit of exchanging their peltries for what they 

1915 will want at our factories, and always hold them firmly by the 

1916 hand." 

1917 And whereas the Cherokees, relying on the promises of tbe 

1918 President of the United States, as above recited, did explore ( 

1919 the country on the west side of the Mississippi, and made choice 

1950 of the country on the Arkansas and White Kivers, and settled 

1951 themselves down upon United States' lands, to which no other 

1952 tribe of Indians have any just claim, and have duly notified the 

1953 President of the United States thereof, and of their anxious 
1951 desire for the full and complete ratification of his promise, and, 

1955 to that end. as notified by the President of the United States, 

1956 have sent on their agents, with fall powers to execute a treaty. 

1957 relinquishing to the United States all the right, title, and inter - 

1958 est to all lands of right to them belonging, as part of the Chero- 

1959 kee Nation, which they have left, and which they are about to 

1960 leave, proportioned to their numbers, including, with those now 

1961 on the Arkansas, those who are about to remove thither, and to 



47 



196:2 a portion of which they have an equal right agreeably to their 

1963 numbers. 

1961 Now, know ye, that the contracting parties, to carry into 

1965 full effect the before-recited promises with good faith, and to 

1966 promote a continuation of friendship with their brothers on the 

1967 Arkansas River, and for that purpose to make an equal distribu- 
196S tion of the annuities secured to be paid by the United States to 

1969 the whole Cherokee Nation, have agreed and concluded on the 

1970 following articles, viz : 

1971 Aeticle 1. The chiefs, head-men, and warriors of the 

1972 whole Cherokee Nation, cede to the United States all the lauds 

1973 lying north and east of the following boundaries, viz: Beginning 
1971 at the high shoals of the Appalachy River, and running thence 

1975 aloug the boundary line between the Creek and Cherokee Na- 

1976 tions, westwardly to the Chatahouchy River; thence up the 

1977 Chatahouchy River, to the mouth of Souque Creek : thence con- 
197S tinning with the general course of the river until it reaches the 
1979 Indian boundary line, and. should it strike the Turrurar River, 
1930 thence, with its meanders, down said river to its mouth, in part 

1951 of the proportion of land in the Cherokee Nation east of the 

1952 Mississippi, to which those now on the Arkansas and those 
1983 about to remove there are justly entitled. 

1981 Aeticle 2. The chiefs, head-men, and warriors of the whole 

1985 Cherokee Xation do also cede to the United States all the lands 

1986 lying north and west of the following boundary lines, viz : Be- 

1987 ginning at the Indian boundary line that runs from the north 

1988 bank of the Tennessee River, opposite to the mouth of Hy wassee 

1989 River, at a point on the top of Walden's Ridge, where it divides 

1990 the waters of the Tennessee River from those of the Sequatchie 

1991 River; thence, along the said ridge, southwardly, to the bank 

1992 of the Tennessee River, at a point near to a place called the 

1993 Negro Sugar Camp, opposite to the upper end of the first island 
1991 above Running Water Town ; thence westwardly, a straight 

1995 line to the mouth of Little Sequatchie River : thence up said river 

1996 to its main fork : thence up its northermost fork to its source: 

1997 and thence, due west, to the Indian boundary line. 

1998 Aeticle 3. It is also stipulated by tlie contracting parties that 

1999 a census shall be taken of the whole Cherokee Nation daring the 

2000 month of June, in the year of our Lord one thousand eight hun- 

2001 dred and eighteen, in the following manner, viz : That the census 

2002 of those on the east side of the Mississippi River, who declared 

2003 their intention of remaining, shall be taken by a commissioner 
2001 appointed by the President of the United States, and a commis- 

2005 sioner appointed by the Cherokees on the Arkansas River ; and 

2006 the census of the Cherokees on the Arkansas River, and those 

2007 removing there, and who at that time declare their intention o T 



48 



2003 removing' there, shall be taken by a commissioner appointed by 

2009 the President of the United States, and one appointed by the 

2010 Cherokees east of the Mississippi River. 

2011 Article 4. The contracting parties do also stipulate that 

2012 the annuity due from the United States to the whole Cherokee 

2013 Nation for the year one thousand eight hundred and eighteen is 
2011 to be divided between the two parts of the nation in proportion 

2015 to their numbers, agreeably to the stipulations contained in the 

2016 third article of this treaty ; and to be continued to be divided 

2017 thereafter in proportion to their numbers ; and the lands to be 

2018 apportioned and surrendered to the United States agreeably to 

2019 the aforesaid enumeration, as the proportionate part, agreeably 

2020 to their numbers, to which those who have removed, and who 

2021 declare their intention to remove, have a just right, including 

2022 these with the lands ceded in the first and second articles of this 

2023 treaty. 

2021 Article 5. The United States bind themselves, in exchange 

2025 for the lands ceded in the first and second articles hereof, to give 

2026 to that part of the Cherokee Nation on the Arkansas as much 

2027 land on said river and White River as they have or may here- 

2028 after receive from the Cherokee Nation east of the Mississippi, 

2029 acre for acre, as the just proportion due that part of the nation 

2030 on the Arkansas agreeably to their numbers 5 which is to com- 

2031 meuce on the north side of the Arkansas River, at the mouth of 

2032 Point Remove or Bud well's Old Place; thence by a straight line, 

2033 northwardly, to strike Chataunga Mountain, or the hill first above 
2031 Shield's Ferry on White River, running up and between said 

2035 rivers for complement, the banks of which rivers to be the lines 5 

2036 and to have the above line, from the point of beginning to the 

2037 point on White River, run and marked, which shall be done 

2038 soon after the ratification of this treaty ; and all citizens of the 

2039 United States, except Mrs. P. Lovely, who is to remain where 

2010 she lives during life, removed from within the bounds as above- 

2011 named. And it is further stipulated that the treaties heretofore 

2012 between the Cherokee Nation and the United States are to con- 
2043 tinue in full force with both parts of the nation, and both parts 
2041 thereof entitled to all the immunities and privilege which the 

2045 old nation enjoyed under the aforesaid treaties ; the United 

2046 States reserving the right of establishing factories, a military 

2047 post, and roads within the boundaries above defined. 

2048 Article 6. The United States do also bind themselves to 
2019 give to all the poor warriors who may remove to the western 

2050 side of the Mississippi River one rifle-gun and ammunition, one 

2051 blanket, and one brass kettle, or, in lieu of the brass kettle, a 

2052 beaver trap, which is to be considered as a full compensation for 

2053 the improvements which they may leave; which articles are to be 



40 



2054 delivered at such point as the President of the United States 

2055 may direct; and to aid in the removal of the emigrants, they 
2058 further agree to famish flat-bottomed boats and provisions suffi- 

2057 cient for that purpose ; and to those emigrants whose improve- 

2058 ments add real value to their lands, the United States agree to 

2059 pay a full valuation for the same, which is to be ascertained by 

2060 a commissioner appointed by the President of the United States 

2061 for that purpose, and paid for as soon after the ratification of 

2062 this treaty as practicable. The boats and provisions promised to 

2063 the emigrants are to be furnished by the agent on the Tennessee 

2064 Eiver, at such time and place as the emigrants may notify him 

2065 of ; and it shall be his duty to furnish the same. 

2066 Article 7. And for all improvements which add real value 

2067 to the lands lying within the boundaries ceded to the United 

2068 States, by. the first and second articles of this treaty, the United 

2069 States do agree to pay for at the time, and to be valued in the 

2070 same manner, as stipulated in the sixth article of this treaty; 

2071 or, in lieu thereof, to give in exchange improvements of equal 

2072 value which the emigrants may leave, and for which they are to 

2073 receive pay. And it is farther stipulated, that all these improve- 

2074 ments, left by the emigrants within the bounds of the Cherokee 

2075 JSTation east of the Mississippi River, which add real value to the 

2076 lands, and for which the United States shall give a considera- 

2077 tion, and not so exchanged, shall be rented to the Indians by 

2078 the agent, year after year, for the benefit of the poor and de- 

2079 crepid of that part of the nation east of the Mississippi Eiver, 

2080 until surrendered by the nation, or to the nation. And it is 

2081 further agreed that the said Cherokee Nation shall not be called 

2082 upon for any part of the consideration paid for said improve- 

2083 ments at any future period. 

2084 Article 8. And to each and every head of any Indian 

2085 family residing on the east side of the Mississippi Eiver, on the 

2086 lands that are now, or may hereafter be, surrendered to the 

2087 United States, who may wish to become citizens of the United 

2088 States, the United States do agree to give a reservation of six 

2089 hundred and forty acres of laud, in a square, to include their 

2090 improvements, which are to be as near the centre thereof as 

2091 practicable, in which they will have a life estate, with a rever- 

2092 sion in fee simple to their children, reserving to the widow her 

2093 dower, the register of whose names is to be filed in the office of 

2094 the Cherokee agent, which shall be kept open until the census 

2095 is taken as stipulated in the third article of this treaty : Pro- 

2096 vided, That if any of the heads of families for whom reserva- 

2097 tions may be made should remove therefrom, then, in that case. 

2098 the right to revert to the United States : And provided further. 

2099 That the land which may be reserved under this article be de- 

7 I T 



50 



2100 ducted from the amount which has been ceded under the first 

2101 and second articles of this treaty. 

2102 Article 9. It is also provided by the contracting parties, 

2103 that nothing in the foregoing articles shall be construed so as to 
2104: prevent any of the parties so contracting from the free naviga- 

2105 tion of all the waters mentioned therein. 

2106 Article 10. The whole of the Cherokee Nation do hereby 

2107 cede to the United States all-right, title, and claim to all reser- 

2108 vations made to Doublehead and others, which were reserved 

2109 to them by a treaty made and entered into at the city of Wash- 

2110 ington, bearing date the seventh of January, one thousand eight 

2111 hundred and six. 

2112 Article 11. It is further agreed that the boundary-lines 

2113 of the lands ceded to the United States by the first and second 

2114 articles of this treaty, and the boundary -line of the lands ceded 

2115 by the United States in the fifth article of this treaty, is to be 
2110 run and marked by a commissioner or commissioners appointed 

2117 by the President of the United States, who shall be accompanied 

2118 by such commissioners as the Cherokees may appoint; due no- 

2119 tice thereof shall be given to the nation. 

2120 Article 12. The United States do also bind themselves to 

2121 prevent the intrusion of any of its citizens within the lands 

2122 ceded by the first and second articles of this treaty, until the 

2123 same shall be ratified by the President and Senate of the 

2124 United States, and duly promulgated. 

2125 Article 13. The contracting parties do also stipulate that 

2126 this treaty shall take effect and be obligatory on the contract- 

2127 ing parties so soon as the same shall be ratified by the Presi- 

2128 dent of the United States, by and with the advice and consent 

2129 of the Senate of the United States. 

2130 Proclaimed December 26, 1817. 

2131 Articles of a convention made between John C. Calhoun, Secretary 

2132 of War, being specially authorized therefor by the President of 

2133 the United States, and the undersigned chiefs and head men of 

2134 the Cherokee Nation of Indians, duly authorized and empow- 

2135 ered by said nation, at the city of Washington, on the twenty- 

2136 seventh day of February, in the year of our Lord one thou- 

2137 sand eight hundred and nineteen. 

2138 Whereas a greater part of the Cherokee Nation have ex- 

2139 pressed an earnest desire to remain on this side of the Missis- 

2140 sippi, and being desirous, in order to commence those measures 

2141 which they deem necessary to the civilization and preservation 

2142 of their nation, that the treaty between the United States and 



2143 them, signed the eighth of July, eighteen hundred and seven- 

2144 teen, might, without farther delay, or the trouble or expense of 

2145 taking the census, as stipulated in the said treaty, be finally 

2146 adjusted, have offered to cede to the United States a tract of 

2147 country at least as extensive as that which they probably are 

2148 entitled to under its provisions, the contracting parties have 

2149 agreed to and concluded the following articles: 

2150 Article 1. The Cherokee Nation cedes to the United 

2151 States all of their lands lying north and east of the following 

2152 line, viz: Beginning on the Tennessee River, at the point wdiere 

2153 the Cherokee boundary with Madison County, in the Alabama 

2154 territory, joins the same; thence along the main channel of 

2155 said river to the mouth of the Highwassee; thence along its 

2156 main channel to the first hill which closes in on said river, 

2157 about two miles above Highwassee Old Town; thence along 

2158 the ridge which divides the waters of the Highwassee and 

2159 Little Tellico, to the Tennessee River, at Tallassee ; thence- 

2160 ' along the main channel to the junction of the Cowee and Xan- 

2161 teyalee; thence along the ridge in the fork of said river to the 

2162 top of the Blue Ridge ; thence along the Bine Ridge to the 

2163 Uuicoy Turnpike Road ; thence by a straight line to the near- 

2164 est main source of the Chestatee ; thence along its main chan- 

2165 nel to the Chatahouchee ; and thence to the Creek bound- 

2166 ary ; it being understood that all the islands in the Chesta- 

2167 tee, and the parts of the Tennessee and Highwassee, (with 

2168 the exception of Jolly's Island, in the Tennessee, near the 

2169 mouth of the Highwassee,) which constitute a portion of the 

2170 present boundary, belong to the Cherokee Nation ; and it is 

2171 also understood that the reservations contained in the seconp 

2172 article of the treaty of Tellico, signed the twenty-fifth Oeto- 

2173 ber, eighteen hundred and five, and a tract equal to twelve 

2174 miles square, to be located by commencing. at the point formed 

2175 by the intersection of the boundary -line of Madison County, 

2176 already mentioned, and the north bank of the Tennessee 

2177 River ; thence along the said line and up the said river twelve 

2178 miles, are ceded to the United States, in trust for the Cherokee 

2179 Nation as a school fund; to be sold by the United States, and 

2180 the proceeds vested as is hereafter provided in the fourth article 

2181 of this treaty; and, also, that the rights vested in the Unicoy 

2182 Turnpike Company by the Cherokee Nation, according to certi- 

2183 fied copies of the instruments securing the rights and herewith 

2184 annexed, are not to be affected by this treaty : and it is further 

2185 understood and agreed by the said parties that the lauds hereby 

2186 ceded by the Cherokee Nation are in full satisfaction of all 

2187 claims which the United States have on them, on account of the 

2188 cession to a part of their nation who have or may hereafter 



52 



2189 emigrate to the Arkansaw; and this treaty is a final adjustment 

2100 of that of the eighth of July, eighteen hundred and seventeen. 

2191 Article 2. The United States agree to pay, according to the 

2192 stipulations contained in the treaty of the eighth of July, eight - 

2193 een hundred and seventeen, for all improvements on land lying 
2191 within the country ceded by the Cherokees, which add real value 

2195 to the land, and do agree to allow a reservation of six hundred 

2196 and forty acres to each head of any Indian family residing within 

2197 the ceded territory, those enrolled for the Arkansaw excepted, 

2198 who choose to become citizens of the United States, in the man- 

2199 ner stipulated in said treaty. 

2200 Article 3. It is also understood and agreed by the con- 

2201 tracting parties that a reservation, in fee simple, of six hundred 

2202 and forty acres square, with the exception of Major Walker's, 

2203 which is to be located as is hereafter provided, to include their 
2201 improvements, and which are to be as near the centre thereof 

2205 as possible, shall be made to each of the persons whose names 

2206 are inscribed on the certified list annexed to this treaty, all of 

2207 whom are believed to be persons of industry, and capable of 

2208 managing their property with discretion, and have, with few ex- 

2209 ceptions, made considerable improvements on the tracts reserved. 

2210 The reservations are made on the condition that those for whom 

2211 they are intended shall notify, in writing, to the agent for the 

2212 Cherokee Nation within six months after the ratification of this 

2213 treaty, that it is their intention to continue to reside perma- 

2214 n en fly on the land reserved. 

2215 The reservation for Lewis Ross, so to be laid off: as to include 

2216 his house and out-buildings, and ferry adjoining the Cherokee 

2217 agency, reserving to the United States all the public property 

2218 there, and the continuance of the said agency where it now is, 

2219 during the pleasure of the Government; and Major Walker's, 

2220 so as to include his dwelling-house and ferry ; for Major Walker 

2221 an additional reservation is made of six hundred and forty acres 

2222 square, to include his grist and saw mill ; the land is poor, prin- 

2223 cipally valuable for its timber. In addition to the above reser- 

2224 vations, the following are made, in fee simple, the persons for 

2225 whom they are intended not residing on the same : To Cab bin 

2226 Smith six hundred and forty acres, to be laid off in equal parts 

2227 on both sides of his ferry on Tellico, commonly called Blair's 

2228 ferry j to John Eoss six hundred and forty acres, to be laid off 

2229 so as to include the Big Island in Tennessee River, being the 

2230 first below Tellico — which tracts of land were given many years 

2231 since, by the Cherokee Nation, to them ; to Mrs. Eliza Ross, step- 

2232 daughter of Major Walker, six hundred and forty acres square, 

2233 to be located on the river below and adjoining Major Walker's ; 

2234 to Margaret Morgan six hundred and forty acres square, to be 



2235 located on the west of and adjoining James Riley's reservation ; 

2236 to George Harlin six hundred and forty acres square, to be 
1*237 located west of and adjoining the reservation of Margaret Mor- 

2238 gan ; to James Lowry six hundred and forty acres square, to be 

2239 located at Crow Mocker's old place, at the foot of Cumberland 

2240 Mountain ; to Susannah Lowry six hundred and forty acres, to 

2241 be located at the toll-bridge on Battle Creek ; to Nicholas Byers 

2242 six hundred and forty acres, including the Toqua Island, to be 

2243 located on the north bank of the Tennessee, opposite to said 

2244 island. 

2245 Article 4. The United States stipulate that the reserva- 

2246 tions, and the tract reserved for the school fund, in the first 

2247 article of this treaty, shall be surveyed and sold in the same 

2248 manner, and on the same terms, with the public lands of the 

2249 United States, aud the proceeds vested, under the direction of 

2250 the President of the United States, in the stock of the United 

2251 States, or such other stock as be may deem most advantageous 

2252 to the Cherokee Nation. The interest or dividend on said stock 

2253 shall be applied, under his direction, in the manner which, he 

2254 shall judge best calculated to diffuse the benefits of education 

2255 among the Cherokee Nation on this side of the Mississippi. 

2256 Article 5. It is agreed that such boundary -lines as may be 

2257 necessary to designate the lands ceded by the first article of this 

2258 treaty may be run by a commissioner or commissioners to be 

2259 appointed by the President of the United States, who shall be 

2260 accompanied by such commissioners as the Cherokees may ap- 

2261 point, due notice thereof to be given to the nation ; and that the 

2262 leases which have been made under the treaty of the eighth of 

2263 July, eighteen hundred and seventeen, of land lying within the 

2264 portion of country reserved to the Cherokees, to be void ; and 

2265 that all white people who have intruded, or may hereafter In- 

2266 trade, on the land reserved for the Cherokees, shall be removed 

2267 by the United States, and proceeded against according to the 

2268 provisions of the act passed thirtieth March, eighteen hundred 

2269 and two, entitled "An act to regulate trade and intercourse with 

2270 the Indian tribes, and to preserve peace on the frontiers." 

2271 Article 6. The contracting parties agree that the annuity 

2272 to the Cherokee Nation shall be paid, two-thirds to the Chero- 

2273 kees east of the Mississippi, and one-third to the Cherokees 

2274 west of that river, as it is estimated that those who have emi- 

2275 grated, and who have enrolled for emigration, constitute one- 

2276 third of the whole nation; but if the Cherokees west of the 

2277 Mississippi object to this distribution, of which due notice shall 

2278 be given them, before the expiration of one year after the ratifi- 

2279 cation of this treaty, then the census, solely for distributing the 



54 



annuity , shall be taken at such times and in such maimer as the 

2281 President of the United States may designate. 

2282 Article 7. The United States, in order to afford the Chero- 

2283 kees who reside on the lands ceded by this treaty time to culti- 

2284 vate their crop next summer, and for those who do not choose 

2285 to take reservations to remove, bind themselves to prevent the 

2286 intrusion of their citizens on the ceded land before the first of 

2287 January next. 

2288 Article 8. This treaty to be binding on the contracting 

2289 parties so soon as it is ratified by the President of the United 

2290 States, by and with the advice and consent of the Senate. 

2291 List of persons re/erred to in the third article of the annexed 

2292 treaty. 

2293 Richard Walker, within the chartered limits of North Caro- 

2294 lina, 

2295 Youah, alias Big Bear, within the chartered limits of North 

2296 Carolina, 

2297 John Martin, within the chartered limits of Georgia. 

2298 Peter Linch, within the chartered limits, of Georgia. 

2299 Daniel Davis, within the chartered limits of Georgia, 

2300 George Parris, within the chartered limits of Georgia, 

2301 Walter S. Adair, within the chartered limits of Georgia. 

2302 Thomas Wilson, within the chartered limits of Alabama 

2303 Territory. 

2304 Richard Riley, within the chartered limits of Alabama Ter- 

2305 ritory. 

2306 James Riley, within the chartered limits of Alabama Terri- 

2307 tory. 

2308 Edward Guuter, within the chartered limits of Alabama 

2309 Territory. 

2310 Robert McLemore, within the chartered limits of Tennessee. 

2311 John Baldridge, within the chartered limits of Tennessee. 

2312 Lewis Ross, within the chartered limits of Tennessee. 

2313 Fox Taylor, within the chartered limits of Tennessee. 

2314 Rd. Timberlake, within the chartered limits of Tennessee. 

2315 David Fields, (to include his mill,) within the chartered 

2316 limits of Tennessee. 

2317 James Brown, (to include his field by the long pond,) within 

2318 the chartered limits of Tennessee. 

2319 William Brown, within the chartered limits of Tennessee. 

2320 John Brown, within the chartered limits of Tennessee. 

2321 Elizabeth Lowry, within the chartered limits of Tennessee. 

2322 George Lowry, within the chartered limits of Tennessee. 

2323 John Benge, within the chartered limits of Tennessee. 



55 



2324 Mrs. Eliz. Peck, within the chartered limits of Tennessee. 

2325 John Walker, sr., within the chartered limits of Tennessee. 

2326 John Walker, jr., (unmarried,) within the chartered limits 

2327 of Tennessee. 

2328 Richard Taylor, within the chartered limits of Tennessee. 

2329 John Mcintosh, within the chartered limits of Tennessee. 

2330 James Starr, within the chartered limits of Tennessee. 

2331 Samuel Parks, within the chartered limits of Tennessee. 

2332 The Old Bark, (of Chora,) within the chartered limits of 

2333 Tennessee. 

2334 Number of reservees within the limits of North Carolina. . . 2 

2335 Number of reservees within the limits of Georgia 5 

2335 Number of reservees within the limits of Alabama Territory. 4 

2337 Number of reservees within the limits of Tennessee 20 

2338 — 
2339* Total number of reservees 31 

2340 Cherokee Agency, Highwassee Garrison. 

2341 We, the undersigned chiefs and councillors of the Cherokees 

2342 in full council assembled, do hereby give, grant, and make over 

2343 unto Nicholas Byers and David Russell, who are agents in behalf 

2344 of the States of Tennesee and Georgia, full power and authority 

2345 to establish a turnpike company, to be composed of them, the 

2346 said Nicholas and David, Arthur Henly, John Lowry, Atto, and 

2347 one other person, by them to be hereafter named, in behalf of 

2348 the State of Georgia ; and the above-named persons are author- 

2349 ized to nominate five proper and fit persons, natives of the 

2350 Cherokees, who, together with the white men aforesaid, are to 

2351 constitute the company; which said company, when thus estab- 

2352 lished, are hereby fully authorized by us to lay out and open a 

2353 road from the most suitable point on the Tennessee River to be 

2354 directed the nearest and best way to the highest point of navi- 

2355 gation on the Tugolo River; which said road, when opened and 

2356 established, shall continue and remain a free and public highway, 

2357 unmolested by us, to the interest and benefit of the said com- 

2358 pany, and their successors, for the full term of twenty years, yet 

2359 to come, after the same may be open and compleat; after which 

2360 time, said road, with all its advantages, shall be surrendered up, 

2361 and reverted in, the said Cherokee Nation. And the said com- 
23G2 pany shall have leave, aud are hereby authorized, to erect their 

2363 public stands, or houses of entertainment, on said road ; that 

2364 is to say, one at each end, and one in the middle, or as nearly 

2365 so as a good situation will permit, with leave also to cultivate 

2366 one hundred acres of land at each end of the road, and fifty 

2367 acres at the middle stand, with a privilege of a sufficiency of 

2368 timber for the use and consumption of said stands. And the 



56 



2369 said turnpike company do hereby agree to pay the sum of one 

2370 hundred and sixty dollars yearly to the Cherokee Nation for 
:3371 the aforesaid privilege, to commence after said road is opened 

2372 and in complete operation. The said company are to have the 

2373 benefit of one ferry on Tennessee River, and such other ferry or 

2374 ferries as are necessary on said road ; and, likewise, said com- 

2375 pany shall have the exclusive privilege of trading on said road 

2376 during the aforesaid term of time. 

2377 . Cherokee Agency, January 6, 1817. 

2378 We, the undersigned chiefs of the Cherokee Nation, do 

2379 hereby grant unto Nicholas Byers, Arthur H. Henly, and David 

2380 Eussell, proprietors of the Unicoy road to Georgia, the liberty 

2381 of cultivating all the ground contained in the bend on the north 

2382 side of Tennessee Eiver opposite and below Chota Old Towd, 

2383 together with the liberty to erect a grist-mill on Four- Mile 

2384 Creek, for the use and benefit of said road, and the Cherokee s 

2385 in the neighbourhood thereof; for them, the said Byers, Henly, 

2386 and Eussell, to have and to hold the above privileges during 

2387 the term of lease of the Unicoy road, also obtained from the 

2388 Cherokees, and sanctioned by the President of the United 

2389 States. 

2390 . Proclaimed March 10, 1819. 

2391 Articles of a convention concluded at the city of Washington this 

2392 sixth day of May, in the year of our Lord one thousand eight 

2393 hundred and twenty-eight, between James Barbour, Secretary 

2394 of War, being especially authorized therefor by the President 

2395 * of the United States, and the undersigned, chiefs and head- 

2396 men of the Cherokee Nation of Indians west of the Missis- 

2397 sippi, they being duly authorized and empowered by their 

2398 nation. 

2399 Whereas it being the anxious desire of the Government of 
2100 the United States to secure to the Cherokee Nation of Indians, 

2401 as well those now living within the limits of the Territory of 

2402 Arkansas as those of their friends ant} brothers who reside in 

2403 States east of the Mississippi, and who may wish to join their 

2404 brothers of the West, a permanent home, and which shall, under 

2405 the most solemn guarantee of the United States, be and remain 

2406 theirs forever — a home that shall never, in all future time, be 

2407 embarrassed by having extended around it the lines, or placed 

2408 over it the jurisdiction of a Territory or State, nor be pressed 

2409 upon by the extension, in any w r ay, of any of the limits of any 

2410 existing Territory or State ; and 

2411 Whereas the present location of the Cherokees in Arkansas 



hi 



2412 being unfavourable to their present repo.se, and tending, as the 

2413 past demonstrates, to their future degradation and misery ; and 

2414 the Cherokees being anxious to avoid such consequences, and 

2415 yet not questioning their right to their lands in Arkansas, as 

2416 secured to them by treaty, and resting also upon the pledges 

2417 given them by the President of the United States, and the 

2418 Secretary of War, of March, 1818, and 8th of October, 1821, in 

2419 regard to the outlet to the West, and as may be seen on refer- 

2420 ring to the records of the War Department, still being anxious 

2421 to secure a permanent home, and to free themselves and their 

2422 posterity from an embarrassing connexion with the Territory of 

2423 Arkansas, and guard themselves from such connexions in future : 

2424 and 

2425 Whereas it being important, not to the Cherokees only, but 
242(3 also to the Choctaws, and in regard also to the question which 

2427 may be agitated in the future respecting the location of the 

2428 latter, as well as the former, within the limits of the Territoi y 
2420 or State of Arkansas, as the case may be, and their removal 

2430 therefrom ; and to avoid the cost which may attend negotiations 

2431 to rid the Territory or State of Arkansas whenever it may 

2432 become a State of either or both of those tribes, the parties 

2433 hereto do hereby conclude the following articles, viz : 

2434 Article 1. The western boundary of Arkansas shall be, and 

2435 the same is, hereby denned, viz : A line shall be run, commenc- 

2436 ing on Eed Kiver, at the point where the eastern Choctaw line 

2437 strikes said river and run due north with said line to the river 

2438 Arkansas, thence in a direct line to the southwest corner of 

2439 Missouri. 

2440 Article 2. The United States agree to possess the Chero- 

2441 kees andjto guarantee it to them forever, and that guarantee is 

2442 hereby solemnly pledged, of seven millions of acres of land, to 

2443 be bounded as follows, viz : Commencing at that point on Ar- 

2444 kansas River where the eastern Choctaw boundary line strikes 

2445 said river, and running thence with the western line of Arkansas, 

2446 as defined in the foregoing article, to the southwest corner of 

2447 Missouri, and thence with the western boundary line of Missouri 

2448 till it crosses" the waters of Xeasho, generally called Grand 

2449 Eiver ; thence due west to a point from which a due south course 

2450 will strike the present northwest corner of Arkansas Territory : 

2451 thence continuing due south, on and with the present western 

2452 boundary line of the Territory to the main branch of Arkansas 

2453 Eiver ; thence down said river to its junction with the Canadian 

2454 Eiver ; and thence up and between the said rivers Arkansas and 

2455 Canadian, to a point at which a line running north and south 

2456 from river to river will give the aforesaid seven millions of 

2457 acres. In addition to the seven millions of acres thus provided 

8 I T 



58 



2458 for and bounded, the United States further guarantee to the 

2459 Cherokee Nation a perpetual outlet west, and a free and unmo- 

2460 lestecl use of all the country lying west of the western boundary 

2461 of the above described limits, and as far west as the sovereignty 

2462 of the United States and their right of soil extend. 

2463 Article 3. The United States agree to have the lines of 

2464 the above cession run without delay, say not later than the first 

2465 of October next, and to remove, immediately after the running 

2466 of the eastern line from the Arkansas River to the southwest 

2467 corner of Missouri, all white persons from the west to the east 

2468 of said line, and also all others, should there be any there, who 

2469 may be unacceptable to the Cherokees, so that no obstacles 

2470 arising out of the presence of a white population, or a popula- 

2471 tion of any other sort, shall exist to annoy the Cherokees ; and 

2472 also to keep all such from the west of said line in future. 

2473 Article 4. The United States moreover agree to appoint 

2474 suitable persons, whose duty it shall be, in conjunction with the 

2475 agent, to value all such improvements as the Cherokees may 

2476 abandon in their removal from their present homes to the dis- 

2477 trict or country as ceded in the second article of this agreement, 

2478 and to pay for the same immediately after the assessment is 

2479 made and the amount ascertained. It is further agreed, that 

2480 the property and improvements connected with the agency shall 

2481 be sold under the direction of the agent, and the proceeds of 

2482 the same applied to aid in the erection, in the country to which 

2483 the Cherokees are going, of a grist and saw mill for their use. 

2484 The aforesaid property and improvements are thus defined: 

2485 Commence at the Arkansas River, opposite William Stinnett's, 

2486 and run due north one mile; thence due east to a point from 

2487 which a due south line to the Arkansas River would include the 

2488 chalybeate or mineral spring attached to or near the present 

2489 residence of the agent, and thence up said river ( Arkansas) to 

2490 the place of beginning. 

2491 Article 5. It is further agreed, that the United States, in 

2492 consideration of the inconvenience and trouble attending the 

2493 removal, and on account of the reduced value of a great portion 

2494 of the lands herein ceded to the Cherokees, as compared with 

2495 that of those in Arkansas which were made theirs by the treaty 

2496 of 1817 and convention of 1819, will pay to the Cherokees, 

2497 immediately after their removal, which shall be within fourteen 

2498 months of the date of this agreement, the sum of fifty thousand 

2499 dollars; also, an annuity, for three years, of two thousand dol- 

2500 lars, towards defraying the cost and trouble which may attend 

2501 upon going after and recovering their stock which may stray 

2502 into the Territory in quest of the pastures from which they may 

2503 be driven ; also, eight thousand seven hundred and sixty dol- 



2504 lars, for spoliations committed on them, (the Cherokees,) which 

2505 sum will be in full of all demands of the kind up to this date, 

2506 as well those against the Osages as those against citizens of the 

2507 United States, this being the amount of the claims for said 
2608 spoliations as rendered by the Cherokees, and which arc 

2509 believed to be correctly and fairly stated. Also, one thousand 

2510 two hundred dollars for the use of Thomas Graves, a Cherokee 

2511 chief, for losses sustained in his property, and for personal suf- 

2512 fering endured by him when confined as a prisoner, on a crimi- 

2513 nal but false accusation ; also, five hundred dollars for the use 

2514 of George Guess, another Cherokee, for the great benefits he 

2515 has conferred upon the Cherokee people, in the beneficial results 

2516 which they are now experiencing from the use of the alphabet 

2517 discovered by him, to whom also, in consideration of his relin- 

2518 quishing a valuable saline, the privilege is hereby given to locate 

2519 and occupy another saline on Lee's Creek. It is further agreed 

2520 by the United States to pay two thousand dollars, annually, to 

2521 the Cherokees, for ten years, to be expended under the direction 

2522 of the President of the United States in the education of their 

2523 children, in their own country, in letters and the mechanick arts ; 

2524 also, one thousand dollars toward the purchase of a printing 

2525 press and types to aid the Cherokees in the progress of educa- 

2526 tion, and to benefit and enlighten them as a people, in their own 

2527 and our language. It is agreed further, that the expense in- 

2528 curred other than that paid by the United States in the erection 

2529 of the buildings and improvements, so far as that may have been 

2530 paid by the benevolent society who have been, and yet are. 

2531 engaged in instructing the Cherokee children, shall be paid to 

2532 the society, it being the understanding that the amount shall be 

2533 expended in the erection of other buildings and improvements. 

2534 for like purposes, in the country herein ceded to the Cherokees. 

2535 The United States relinquish their claim due by the Cherokees 

2536 to the late United States factory, provided the same does not 

2537 exceed three thousand five hundred dollars. 

2538 Article 6. Annulled. 

2539 Article 7. The. chiefs and head men of the Cherokee Xa- 

2540 tion aforesaid, for and in consideration of the foregoing stipu- 

2541 lations and provisions, do hereby agree, in the name and behalf 

2542 of their nation, to give up, and they do hereby surrender, to 

2543 the United States, and agree to leave the same within fourteen 

2544 months, as herein before stipulated, all the lands to which they 

2545 are entitled in Arkansas, and which were secured to them by 

2546 the treaty of 8th January, 1817, and the convention of the 27tb 

2547 February, 1819. 

2548 Article 8. The Cherokee Xation west of the Mississippi 

2549 having, by this agreement, freed themselves from the harass- 



60 



2550 ing and ruinous effects consequent upon a location . ainidst a 

2551 white population, and secured to themselves and their posterity, 

2552 under the solemn sanction of the guarantee of the United States, 

2553 as contained in this agreement, a large extent of unembarrassed 

2554 country ; and that their brothers yet remaining in the States 

2555 may be induced to join them and enjoy the repose and blessings 

2556 of such a State in the future, it is further agreed, on the part of 

2557 the United States, that to each head of a Cherokee family now 

2558 residing within the chartered limits of Georgia, or of either of 

2559 the States east of the Mississippi, who may desire to remove 
2560. TTest, shall be given, on enrolling himself for emigration, a good 

2561 rifle, a blanket, and kettle, and five pounds of tobacco, (and to 

2562 each member of his family one blanket ;) also, a just compensa- 

2563 tion for the property he may abandon, to be assessed by per- 
2561 sons to be appointed by the President of the United States. The 

2565 cost of the emigration of all such shall also be borne by the 

2566 United States, and good and suitable ways opened, and pro- 

2567 visions procured for their comfort, accommodation, and support, 

2568 by the way, and provisions for twelve months after their arrival 

2569 at the agency; and to each person, or head of a family, if he takes 

2570 along with him four persons, shall be paid immediately on his 

2571 arriving at the agency and reporting himself and his family, or 

2572 followers, as emigrants and permanent settlers, in addition to the 

2573 above, provided he and they shall have emigrated from within the 
2571 chartered limits of the State of Georgia, the sum of fifty dollars, 

2575 and this sum in proportion" to any greater or less number that 

2576 may accompany him from within the aforesaid chartered limits 

2577 of the State of Georgia. 

2578 Article 9. It is understood and agreed by the parties to this 

2579 convention that a tract of land, two miles wide and six miles 

2580 long, shall be, and the same is hereby, reserved. for the use and 

2581 benefit of the United States, for the accommodation of the mili- 

2582 tary force which is now, or which may hereafter be, stationed at 

2583 Fort Gibson, on the Xeasho, or Grand River, to commence on 
2581 said river half a mile below the aforesaid fort, and to run 

2585 thence due east two miles, thence northwardly six miles, to a 

2586 point which shall be two miles distant from the river aforesaid, 

2587 thence due west to the said river, and down, it to the place of 

2588 beginning. And the Cherokees agree that the United States 

2589 shall have and possess the right of establishing a road through 

2590 their country for the purpose of having a free and unmolested 

2591 way to and from said fort. 

2592 Article 10. It is agreed that Captain James Rogers, in con- 

2593 sideration of his having lost a horse in the service of the United 
2591 States, and for services rendered by him to the United States, 



61 



2595 shall be paid, in full for the above, and all other claims for losse 

2596 and services, the sum of five hundred dollars. 

2597 Article 11. This treaty to be binding on the contracting 

2598 parties so soon as it is ratified by the President of the United 
259£ States, by and with the advice and consent of the Senate. 
2G00 Proclaimed May 28, 1828. 

2601 [Note. — This treaty was ratified with the following pro\ iso, 

2602 expressed in the resolution of the Senate : " Provided, neverthe- 

2603 less, that the said convention shall not be so construed as to ex- 
2601 tend the northern boundary of the 'Perpetual Outlet West,' 

2605 provided for and guaranteed in the second article of said con- 

2606 vention, north of the thirty-sixth degree of north latitude, or so 

2607 as to interfere with the lands assigned, or to be assigned, west 

2608 of the Mississippi Eiver, to the Creek Indians who have emi- 

2609 grated, or may emigrate, from the States of Georgia and Ala- 

2610 bama, under the provisions of any treaty or treaties heretofore 

2611 concluded between the United States and the Greek tribe of In- 

2612 dians; and provided further, that nothing in the said conven- 

2613 tion shall be construed to cede or assign to the Cherokees any 
2611 lands heretofore ceded or assigned to any tribe or tribes of In- 

2615 dians, by any treaty now existing and in force, with any such 

2616 tribe or tribes."] 

2617 Articles of agreement and convention made and concluded at Fort 

2618 Gibson, on the Arkansas River, on the fourteenth day of Feb- 

2619 ruary, one thousand eight hundred and thirty -three, by and be- 

2620 ticeen Montfort Stokes, Henry L. Ellsworth, and John F. Scher- 

2621 merhorn, duly appointed commissioners on the part of the 

2622 United States, and the undersigned chiefs and head-men of the 

2623 Cherokee Nation of Indians west of the 3Iississip>pi, they being 
2621 duly authorized and empowered by their nation. 

2625 Whereas articles of convention were concluded at the city 

2626 of Washington, on the sixth clay of May, one thousand eight 

2627 hundred and twenty-eight, between James Barbour, Secretary 

2628 of War, being specially authorized therefor by the President 

2629 of the United States, and the chiefs and head-men of the Cheero- 

2630 kee Nation of Indians west of the Mississippi, which articles of 

2631 convention were duly ratified ; and 

2632 Whereas it was agreed by the second article of said conven- 

2633 tion as follows: "That the United States agree to possess the 
2631 Cheerokees, and to guarantee it to them forever, and that guarantee 

2635 is solemnly pledged, of seven millions of acres of land, said land to 

2636 be bounded as follows, viz : commencing at a point on Arkansas 

2637 Eiver, where the eastern Choctaw boundary-line strikes said river. 



62 



2638 and miming thence with the western line of Arkansas Territory to 

2639 the southwest corner of Missouri, and thence with the western 

2640 boundary-line of Missouri till it crosses the waters of Neasho, gen- 

2641 erally called Grand Elver ; thence due west, to a point from which 

2642 a due south course will strike the present northwest corner of 

2643 Arkansas Territory ; thence continuing due south on and with 

2644 the present boundary-line on the west of said Territory, to the 

2645 inainl>ranch of Arkansas Elver; thence down said river to its 

2646 junction with the Canadian, and thence up, and between said 

2647 rivers Arkansas and Canadian, to a point at which a line running 

2648 north and south, from river to river,' will give the aforesaid seven 

2649 millions of acres, thus provided for and bounded. The United 

2650 States further guarantee to the Cherokee Nation a perpetual 

2651 outlet wSst, and a free and unmolested use of all the country 

2652 lying west of the western boundary of the above-described 

2653 limits, and as far west as the sovereignty of the United States 

2654 and their right of soil extend ; and 

2655 Whereas there was to said articles of convention and agree- 

2656 ment the following proviso, viz : Provided, nevertheless. That said 

2657 convention shall not be so construed as to extend the northern 

2658 boundary of said perpetual outlet west, provided for. and guar- 

2659 antied in the second article of said convention, north of the 

2660 thirty-sixth degree of north latitude, or so as to inter- 

2661 fere with the lands assigned, or to be assigned, west of the 

2662 Mississippi Elver, to the Creek Indians who have emigrated, or 

2663 may emigrate, from the States of Georgia and Alabama, under 

2664 the provision of any treaty, or treaties, heretofore concluded, 

2665 between the United States and the Creek tribe of Indians : And 

2666 provided further, That nothing in said convention shall be con - 

2667 strued to cede, or assign, to the Cherokees any lands heretofore 

2668 ceded, or assigned, to any tribe, or tribes of Indians, by any 

2669 treaty now existing and in force with any such tribe or tribes 

2670 and 

2671 Whereas it appears from the Creek treaty, made with the 

2672 United States by the Creek Nation, dated twenty-fourth day of 

2673 January, eighteen hundred and twenty-six, at the city of Wash- 

2674 ington, that they had the right to select, and did select, a part 

2675 of the country described within the boundaries mentioned above 

2676 in said Cherokee articles of agreement : and 

2677 Whereas both the Cheerokee and Creek nations of Indians 

2678 west of the Mississippi, anxious to have their boundaries settled 

2679 in an amicable manner, have met each other in council, and, 

2680 after full deliberation, mutually agreed upon the boundary -lines 

2681 between them : 

2682 Xow, therefore, the United States on one part, and the c iefs 



63 



2083 and head-men of the Cherokee Nation of Indians west of the 

2684 Mississippi on the other part, agree as follows : 

2(385 Article 1. The United States agree to possess the Oheer- 

2686 okees, and to gnarrantee it to them forever, and that guarrantee 

2687 is hereby pledged, of seven millions of acres of land, to be 

2688 bounded as follows, viz : Beginning at a point on the old west 

2689 ern territorial line of Arkansas Territory, being twenty-five miles 

2690 north from the point where the territorial line crosses Arkansas 

2691 Eiver; thence running from said north point, south, on the said 
2G92 territorial line, to the place where said territorial line crosses 

2693 the Verdigris Eiver ; thence down said Verdigris Eiver to the 

2694 Arkansas Eiver ; thence down said Arkansas to a point where 

2695 a stone is placed opposite to the east or lower bank of Grand 

2696 Eiver at its junction with the Arkansas ; thence running south, 

2697 forty -four degrees west, one mile : thence in a straight line to a 

2698 point four miles northerly from the mouth of the North Fork of 

2699 the Canadian ; thence along the said four-miles line to the Oa- 

2700 nadian ; thence down the Canadian to the Arkansas; thence 

2701 down the Arkansas to that point on the Arkansas where the 

2702 eastern Choctaw boundary strikes said river ; and running thence 

2703 with the western line of Arkansas Territory as now defined, to 
2701 the southwest corner of Missouri ; thence along the western Mis- 

2705 souri line to the land assigned the Senecas; thence on the south 

2706 line of the Senecas to Grand Eiver ; thence up said Grand Eiver 

2707 as far as the south line of the Osage reservation, extended if 

2708 necessary ; thence up and between said south Osage line, extended 

2709 west if necessary ; and a line drawn due west from the point of 

2710 beginning, to a certain distance west, at which a line running 

2711 north and south from said Osage line to said due west line will 

2712 make seven millions of acres within the whole described bound- 

2713 aries. In addition to the seven millions of acres of land, thus 

2714 provided for, and bounded, the United States further guarrantee 

2715 to the Cheerokee Nation a perpetual outlet west and a free and 

2716 unmolested use of all the country lying west of the western 

2717 boundary of said seven millions of acres as far west as the sov- 

2718 ereignty of the United States and their right of soil extend : 

2719 Provided, however, That if the saline, or salt plain, on the great 

2720 western prairie, shall fall within said limits prescribed for said 

2721 outlet, the right is reserved to the United States to permit 

2722 other tribes of red men to get salt on said plain in common with 

2723 the Cheerokees ; and letters-patent shall be issued by the United 

2724 States as soon as practicable for the land hereby guarranteed. 

2725 Article 2. The Cheerokee Nation hereby relinquish and 

2726 quit claim to the United States all the right, interest, and title 

2727 which the Cheerokees have or claim to have in and to all the 

2728 land ceded, or claimed to have been ceded to said Cheerokee Na- 



64 



2729 tion by said treaty of sixth of May, one thousand eight hundred 

2730 and twenty-eight, and not embraced within the limits or bounda- 

2731 ries fixed in this present supplementary treaty or articles of 

2732 convention and agreement. 

2733 Article 3. The Cherokee Nation, having particularly re- 

2734 quested the United States to annul and cancel the sixth article 

2735 of said treaty of sixth May, one thousand eight hundred and 

2736 twenty eight, the United States agree to cancel the same, and 

2737 the same is hereby annulled. Said sixth article referred to 

2738 is in the following words : " It is moreover agreed by the United 

2739 States, when the Cbeerokees may desire it, to give them a plain 

2740 set of laws, suited to their condition $ also, when they may wish to 

2741 lay off their lands and own them individually, a surveyor shall 

2742 be sent to survey them at the expense of the United States. 

2743 Article 4. In consideration of the establishment of new 

2744 boundaries in part, for the lands ceded to said Cheerokee Nation 

2745 and in view of the improvement of said nation, the United 

2746 States will cause to be erected, on land now guarranteed to the 

2747 said nation, four blacksmith shops, one wagon-maker shop, one 

2748 wheelwright shop, and necessary tools and implements furnished 

2749 for the same 5 together with one ton of iron, and two hundred 

2750 and fifty pounds of steel, for each of said blacksmith shops, to 

2751 be worked up for the benefit of the poorer class of reel men 

2752 belonging to the Cherokee Nation. And the United States will 

2753 employ four blacksmiths, one wagon-maker, and one wheelwright, 

2754 to work in said shops respectively, for the benefit of said Cheer. 

2755 okee Nation ; and said materials shall be furnished annually, 

2756 and said services continued, so long as the President may deem 

2757 proper. And said United States will cause to be erecteel on 

2758 said lands, for the benefit of said Cbeerokees, eight patent rail- 

2759 way corn mills, in lieu of the mills to be erected according to 

2760 the stipulation of the fourth article of said treaty of sixth of 

2761 May, one thousand eight hundred twenty-eight, from the avails 

2762 of the sale of the old agency. 

2763 Article 5. These articles of agreement and convention 

2764 are to be considereel supplementary to the treaty before men- 

2765 tioned between the United States and the Cheerokee Nation west 

2766 of the Mississippi, dated sixth of May, one thousand eight hun- 

2767 dred and twenty-eight, and not to vary the rights of the parties 

2768 to said treaty, any further than said treaty is inconsistent with 

2769 the provisions of this treaty, now concluded, or these articles of 

2770 convention and agreement. 

2771 Article 6. It is farther agreed by the Cheerokee Nation 

2772 that one mile square shall be reserved and set apart from the 

2773 lands hereby guaranteed for the accommodation of the Cheero- 

2774 kee agency; and the location of the same shall be designated 



2775 by the Cheerokee Nation, in conjunction with the agent of the 

2776 Government of the United States. 

2777 Article 7. This treaty, or articles of convention, after the 

2778 same have been ratified by the President and Senate, shall be 

2779 obligatory on the United States and said Cheerokee Nation. 

2780 Proclaimed April 12, 1834. 

2781 Articles of a treaty concluded at New Echota in the State of 

2782 Georgia on tlie 29th day of Deer, 1835, by General William 

2783 Carroll and John F. Schermerhorn, commissioners on the part of 

2784 the United States, and the chiefs, head men, and people of the 

2785 Cherokee tribe of Indians. 

2786 Whereas the Cherokees are anxious to make some arrange- 

2787 ments with the Government of the United States whereby the 

2788 difficulties they have experienced by a residence within the 

2789 settled parts of the United States under the jurisdiction and 

2790 laws of the State governments may be terminated and adjusted ; 

2791 and with a view to reuniting their people in one body and 

2792 securing a permanent home for themselves and their posterity 

2793 in the country selected by their forefathers without the territo- 

2794 rial limits of the State sovereignties, and where they can estab- 

2795 lish and enjoy a government of their choice, and perpetuate such 

2796 a state of society as may be most consonant with their views, 

2797 habits, and condition, and as may tend to their individual com- 

2798 fort and their advancement in civilization ; and 

2799 "Whereas a delegation of the Cherokee Xation, composed 

2800 of Messrs. John Eoss, Eichard Taylor, Dan'l McCoy, Samuel 

2801 Gunter, and William Eogers, with full power and authority to 

2802 conclude a treaty with the United States, did on the 28th day 

2803 of February, 1835, stipulate and agree with the Government of 

2804 the United States to submit to the Senate to fix the amount 

2805 which should be allowed the Cherokees for their claims and for 

2806 a cession of their lands east of the Mississippi Eiver, and did 

2807 agree to abide by the award of the Senate of the United States 

2808 themselves, and to recommend the same to their people for 

2809 their final determination ; and 

2810 Whereas on such submission the Senate advised "that 

2811 a sum not exceeding five millions of dollars be paid to the 

2812 Cherokee Indians for all their .lands and possessions east of the 

2813 Mississippi Eiver f and 

2814 Whereas this delegation, after said award of the Senate 

2815 had been made, were called upon to submit propositions as to 

2816 its disposition, to be arranged in a treaty, which they refused to 

2817 do, but insisted that the same " should be referred to their 

2818 nation and there in general council to deliberate and determine 

9 I t 



66 



2819 on the subject in order to insure harmony and good feeling 

2820 among themselves and 

2821 Whereas a certain other delegation, composed of John 

2822 Bidge, Elias Boudinot, Archilla Smith, S. W. Bell, John 

2823 West, W"m A. Davis, and Ezekiel West, -who represented 

2824 tha t portion of the nation in favor of emigration to the Cherokee 
2S25 country west of the Mississippi, entered into propositions for a 

2826 treaty with John E, Schermerhorn, commissioner on the part 

2827 of the United States, which were to be submitted to their nation 

2828 for their final action and determination ; and 

2829 Wbereas the Cherokee people, at their last October coun- 

2830 cil at Bed Clay, fully authorized and empowered a delega- 

2831 tion or committee of twenty persons of their nation to enter into 

2832 and conclude a treaty with the United States commissioner then 

2833 present, at that place or elsewhere, and as the people had good 
28*34 reason to believe that a treaty would then and there be made, or 

2835 at a subsequent council at New Echota, which the commissioners, 

2836 it was well known and understood, were authorized and in- 

2837 structed to convene for said purpose ; and since the said dele- 

2838 gation have gone on to Washington City with a view to close 

2839 negotiations there, as stated by them, notwithstanding they 

2840 were officially informed by the United States commissioner that 

2841 they would not be received by the President of the United 

2842 States, and that the Government would transact no business of 

2843 this nature with them, and that if a treaty was made it must 

2844 be done here in the nation, where the delegation at Washington 

2845 last winter urged that it should be done for the purpose ofpromot- 

2846 ing peace and harmony among the people ; and since these facts 

2847 have also been corroborated to us by a communication recently 

2848 received by the commissioner from the Government of the 

2849 United States, and read and explained to the people in open 

2850 council, and therefore believing said delegation can effect 

2851 nothing, and since our difficulties are daily increasing, and our 

2852 situation is rendered more and more precarious, uncertain, and 

2853 insecure in consequence of the legislation of the States ; and 

2854 seeing no effectual way of relief, but in accepting the liberal 

2855 overtures of the United States ; and 

2856 Whereas Gen'l William Carroll and John F. Scher- 

2857 merhorn were appointed commissioners on the pait of the United 

2858 States, with full power and authority to conclude a treaty with 

2859 the Cherokees east, and were directed by the President to con- 

2860 vene the people of the nation in general council at New Echota, 

2861 and to submit said propositions to them with power and author- 

2862 ity to vary the same so as to meet the views of the Cherokees in 

2863 reference to its details : and 

2864 Whereas the said commissioners did appoint and no.tify 



67 

2865 a general council of the nation to convene at Xew Ecbotaon the 

2S66 21st clay of December, 1835, and informed tbem that the com- 

2867 missioners would be prepared to make a treaty with tbe Chero- 

2868 kee people who should assemble there, and those who did not 

2869 come they should conclude gave their assent and sanction to 

2870 whatever should be transacted at this council, and the people 

2871 having met in council according to said notice: 

2872 Therefore, the following articles of a treaty are agreed upon 

2873 and concluded between William Carroll and John F. Schermer- 
2S71 horn, commissioners on the part of the United States, and the 

2875 chiefs and head men and people of the Cherokee Xation, in gen- 

2876 eral council assembled this 29th day of Dec'r, 1835 : 

2877 Article 1. The Cherokee Nation hereby cede, relinquish, 

2878 and convey to the United States all the lauds owned, claimed, 

2879 or possessed by them east of the Mississippi Elver, and hereby 

2880 release all their claims upon the United States for spoliations of 

2881 every kind, for and in consideration of the sum of five millions 

2882 of dollars, to be expended, paid, and invested in the manner 

2883 stipulated and agreed upon in the following articles. But as a 

2884 question has arisen between the commissioners and the Chero- 

2885 kees, whether the Senate in their resolution, by which they ad- 

2886 vised "that a sum not exceeding five millions of dollars be paid 

2887 to the Cherokee Indians for all their lands and possessions east 

2888 of the Mississippi Eiver," have included aud made any allowance 

2889 or consideration for claims for spoliations; it is therefore 

2890 agreed on the part of the United States that this question shall 

2891 be again submitted to the Senate for their consideration and de- 

2892 cision, and if no allowance was made for spoliations, that then 

2893 an additional sum of three hundred thousand dollars be allowed 
2891 for the same. 

2895 Article 2. Whereas, by the treaty of May 0th, 1828, and 

2896 the supplementary treaty thereto of Feb. 11th, 1S33, with 

2897 the Cherokees west of the Mississippi, the United States guaran ■ 

2898 tied and secured to be conveyed by patent, to the Cherokee Na- 

2899 tion of Indians, the following tract of country: "Beginning at 

2900 a point on the old western territorial line of Arkansas Territory, 

2901 being twenty-five miles north from the point where the territo- 

2902 rial line crosses Arkansas Biver ; thence running from said north 

2903 point south on the said territorial line where the said territorial 
2901 line crosses Verdigris Biver ; thence down said Verdigris Biver 

2905 to the Arkansas Biver ; thence down said Arkansas to a point 

2906 where a stone is placed opposite the east or lower bank of Grand 

2907 Biver at its junction with the Arkansas; thence running south 

2908 forty -four degrees west one mile ; thence in a straight liue to a 

2909 point four miles northerly, from the mouth of the north fork of 

2910 the Canadian : thence along the said four-mile line to the Cana- 



68 



2911 dian ; thence down the Canadian to the Arkansas; thence down 

2912 the Arkansas to that point on the Arkansas where the eastern 

2913 Choctaw boundary strikes said river, and running thence with 

2914 the western line of Arkansas Territory, as now denned, to the 

2915 southwest corner of Missouri ; thence along the western Missouri 

2916 line to the land assigned the Senecas ; thence on the south line 

2917 Of the Senecas to Grand Kiver ; thence up said Grand Elver as 
291S far as the south line of the Osage reservation, extended if neces- 

2919 sary ; thence up and between said south Osage line, extended 

2920 west if necessary, and a line drawn due west from the point of 

2921 beginning to a certain distance west, at which a line running 

2922 north and south from said Osage line to said due west line will 

2923 make seven millions of acres within the whole described bounda- 

2924 ries. In addition to the seven millions of acres of land thus pro- 

2925 vided for and bounded, the United States further guaranty to 

2926 the Cherokee Nation a perpetual outlet west, and a free and un- 

2927 molested use of all the country west of the western boundary of 

2928 said seven millions of acres, as far west as the sovereignty of 

2929 the United States and their right of soil extend : Provided, how- 

2930 ever, That if the saline or salt plain on the western prairie shall 

2931 fall within said limits prescribed for said outlet, the right is re- 

2932 served to the United States to permit other tribes of red men to 

2933 get salt on said plain in common with the Cherokees ; and letters- 

2934 patent shall be issued by the United States as soon as prac- 

2935 ticable for the land hereby guarantied f and whereas it is ap- 

2936 pretended by the Cherokees that in the above cession there 

2937 is not contained a sufficient quantity of land for the accom- 

2938 modation of the whole nation on their removal west of the 

2939 Mississippi, the United States, in consideration of the sum of 

2940 five hundred thousand dollars therefore, hereby covenant and 

2941 agree to convey to the said Indians and their descendants, 

2942 by patent in fee simple, the following additional tract of land, 

2943 situated between the west line of the State of Missouri and 

2944 the Osage reservation, beginning at the southeast corner of 

2945 the same and runs north along the east line of the Osage lands 

2946 fifty miles to the northeast corner thereof; and thence east to 

2947 the west line of the State of Missouri ; thence with said line 

2948 south fifty miles ; thence west to the place of beginning ; esti- 

2949 mated to contain eight hundred thousand acres of land ; but it 

2950 is expressly understood that if any of the lands assigned the 

2951 Quapaws shall fall within the aforesaid bounds the same shall 

2952 be reserved and excepted out of the lands above granted, and a 

2953 pro rata reduction shall be made in the price to be allowed to 

2954 the United States for the same by the Cherokees. 

2955 Article 3. The United States also agree that the lands 

2956 above, ceded by the treaty of Feb. 14, 1833, including the 



69 



^2957 outlet, and those ceded by this treaty, shall all be included in 

2958 one patent executed to the Cherokee Nation of Indians by the 

2959 President of the United States according- to the provisions of 

2960 the act of May 28, 1830. It is, however, agreed that the military 

2961 reservation at Fort Gibson shall be held by the United States. 

2962 But should the United States abandon said post and have no 

2963 further use for the same it shall revert to the Cherokee Nation. 

2964 The United States shall always have the right to make and es- 

2965 tablish such post and military forts in any part of the Cherokee 

2966 country as they may deem proper for the interest and protec- 

2967 tion of the same, and the free use of as much land, timber, fuel, 

2968 and materials of all kinds for the construction and support of 

2969 the same, as may be necessary ; provided that if the private 

2970 rights of individuals are interfered with, a just compensation 

2971 therefor shall be made. 

2972 Article 4. The United States also stipulate and agree to 

2973 extinguish for the benefit of the Cherokees the titles to the res- 

2974 ervations within their country made in the Osage treaty of 

2975 1825 to certain half-breeds ; and for this purpose they hereby 

2976 agree to pay to the persons to whom the same belong or have 

2977 been assigned, or to their agents or guardians, whenever they 

2978 shall execute after the ratification of this treaty a satisfactory 

2979 conveyance for the same to the United States, the sum of fif- 

2980 teen thousand dollars, according to a schedule accompanying 

2981 this treaty of the relative value of the several reservations ; 

2982 and whereas by the several treaties between the United States 

2983 and the Osage Indians the Union and Harmony Missionary 

2984 reservations which were established for their benefit are now 

2985 situated within the country ceded by them to the United 

2986 States, the former being situated in the Cherokee country and 

2987 the latter in the State of Missouri, it is therefore agreed that 

2988 the United States shall pay the American Board of Commis. 

2989 sioners for Foreign Missions for the improvements on the same 

2990 what they shall be appraised at by Capt. Geo. Vashon, Cherokee 

2991 sub-agent, Abraham Bedfield, and A. P. Chouteau, or such 

2992 persons as the President of the United States shall appoint, and 

2993 the money allowed for the same shall be expended in schools 

2994 among the Osages and improving their condition. It is under - 

2995 stood that the United States are to pay the amount allowed for 

2996 the reservations in this article, and not the Cherokees. 

2997 Article 5. The United States hereby covenant and agree 

2998 that the lands ceded to the Cherokee Nation in the foregoing 

2999 article shall in no future time, without their consent, be included 

3000 within the territorial limits or jurisdiction of any State or Ter- 

3001 ritory. But they shall secure to the Cherokee Nation the right 

3002 by their national councils to make and carry into effect all such 



70 

3003 laws as they may deem necessary for the government and pro- 

♦ 3004 tection of the persons and property within their own country 

3005 belonging to their people or such persons as have connected 

3006 themselves with them : Provided always, That they shall not be 

3007 inconsistent with the Constitution of the United States and 

3008 such acts of Congress as have been or may be passed regulating 

3009 trade and intercourse with the Indians ; and also, that they shall 

3010 not be considered as extending to such citizens and army of the 

3011 United States as may travel or reside in the Indian country by 

3012 permission according to the laws and regulations established by 

3013 the Government of the same. 

3014 Article 6. Perpetual peace and friendship shall exist be- 

3015 tween the citizens of the United States and the Cherokee Indians. 

3016 The United States agree to protect the Cherokee Nation from 

3017 domestic strife and foreign enemies and against intestine wars 

3018 between the several tribes. The Cherokees shall endeavor to 

3019 preserve and maintain the peace of the country and not make 

3020 war upon their neighbors. They shall also be protected against 

3021 interruption and intrusion from citizens of the United States, 

3022 who may attempt to settle in the country without their consent ; 

3023 and all such persons shall be removed from the same by order 

3024 of the President of the United States. But this is not intended to 

3025 prevent the residence among them of useful farmers, mechanics, 

3026 and teachers for the instruction of Indians according to treaty 

3027 stipulations. 

3028 Article 7. The Cherokee Nation having already made great 

3029 progress in civilization, and deeming it important that every 

3030 proper and laudable inducement should be offered to their people 

3031 to improve their condition, as well as to guard and secure in the 

3032 most effectual manner the rights guarantied to them in this 

3033 treaty, and with a view to illustrate the liberal an d enlarged policy 

3034 of the Government of the United States towards the Indians in 

3035 their removal beyond the territorial limits of the States, it is 

3036 stipulated that they shall be entitled to a delegate in the House 

3037 of Bepresentatives of the United States whenever Congress 

3038 shall make provision for the same. 

3039 Article 8. The United States also agree and stipulate, to 

3040 remove the Cherokees to their new homes, and to subsist them 

3041 one year after their arrival there, and that a sufficient number 

3042 of steamboats and baggage-wagons shall be furnished to remove 

3043 them comfortably, and so as not to endanger their health, and 

3044 that a physician, well supplied with medicines, shall accompany 

3045 each detachment of emigrants removed by the Government. 

3046 Such persons and families as in the opinion of the emigrating 

3047 agent are capable of subsisting and removing themselves shall 

3048 be permitted to clo so ; and they shall be allowed in full of all 



71 



3049 claims for the same twenty dollars for each member of their 

3050 family; and in lieu of their one year's rations, they shall be paid 

3051 the sum of thirty-three dollars and thirty-three cents if they 

3052 prefer it. 

3053 Such Cherokees also as reside at present out of the nation, 

3054 and shall remove with them in two years west of the Mississippi, 

3055 shall be entitled to allowance for removal and subsistence as 

3056 above provided. 

3057 Article 9. The United States agree to appoint suitable 

3058 agents who shall make a just and fair valuation of •all such im- 

3059 proveinents now in the possession of the Cherokees as add any 

3060 value to the lauds; and also of the ferries owned by them, ac- 

3061 cording to their nett income ; and such improvement: 

3062 from which they have been dispossessed in a lawless 

3063 under any existing laws of the State where the same may be 

3064 situated. 

3065 The just debts of the Indians shall be paid out of any moneys 

3066 due them for their improvements and claims; and they shall 

3067 also be furnished, at the discretion of the President of the 

3068 United States, with a sufficient sum to enable them to obtain 

3069 the necessary means to remove themselves to their new homes, 

3070 and the balance of their dues shall be paid them at the Cherokee 

3071 agency w T est of the Mississippi. The missionary establishments 

3072 shall also be valued and appraised in a like manner, and the 

3073 amount of them paid over by the United States to the treasurers 

3074 of the respective missionary societies by whom they have been 

3075 established and improved, in order to enable them to erect such 

3076 buildings and make such improvements among the Cherokees 

3077 west of the Mississippi as they may deem necessary for their 

3078 benefit. Such teachers at present among the Cherokees as this 

3079 council shall select and designate, shall be removed west of the 

3080 Mississippi with the Cherokee Nation, and on the same terms 

3081 allowed to them. 

3082 Article 10. The President of the United States shall invest 

3083 in some safe and most productive public stocks of the country for 

3084 the benefit of the whole Cherokee Nation who have removed or 

3085 shall remove to the lands assigned by this treaty to the Chero- 

3086 kee Nation west of the Mississippi the following sums as per- 

3087 manent fund for the purposes hereinafter specified, and pay over 

3088 the nett income of the same annually to such person or persons as 

3089 shall be authorized or appointed by the Cherokee Nation to receive 

3090 the same, and their receipt shall be a full discharge for the 

3091 amount paid to them, viz, the sum of two hundred thousand 

3092 dollars, in addition to the present annuities of the nation, to con- 
3093 ' stitute a general fund, the interest of which shall be applied 
3094 annually by the council of the nation to such purposes as they 



72 



3095 may deem best for the general interest of their people. The sum 

3096 of fifty thousand dollars to constitute an orphans' fund, the 

3097 annual income of which shall be expended towards the support 

3098 and education of such orphan children as are destitute of the 

3099 means of subsistence. The sum of one hundred and fifty thou- 

3100 sand dollars, in addition to the present school-fund of the nation. 

3101 shall constitute a permanent school-fund, the interest of which 

3102 shall be applied annually by the council of the nation for the 

3103 support of common schools and such a literary institution of a 

3104 higher order as may be established in the Indian country. And 

3105 in order to secure as far as possible the true and beneficial appli- 

3106 cation of the orphans' and school fund, the council of the Chero- 

3107 kee Nation, when required by the President of the United 
310S States, shall make a report of the application of those funds, and 

3109 he shall at all times have the right, if the funds have been mis- 

3110 applied, to correct any abuses of them, and direct the manner 

3111 of their application for the purposes for which they were intend- 

3112 ed. The council of the nation may. by giving two years' notice 

3113 of their intention, withdraw their funds by and with the consent 

3114 of the President and Senate of the United States, and invest 

3115 them in such manner as they may deem most proper for their 

3116 interest. The United States also agree and stipulate to pay the 

3117 iust debts and claims against the Cherokee Nation held by the 

3118 citizens of the same, and also the just claims of citizens of the 

3119 United States for services rendered to the nation, and the sum of 

3120 sixty thousand dollars is appropriated for this purpose, but no 

3121 claims against individual persons of the nation shall allow beed 

3122 and paid by the nation. The sum of three hundred thousand 

3123 dollars is hereby set apart to pay and liquidate the just claims 

3124 of the Cherokees upon the United States for spoliations of every 

3125 kind that have not been already satisfied under former treaties. 

3126 Aeticle 11. The Cherokee Nation of Indians, believing it 

3127 will be for the interest of their people to have all their funds and 
312S annuities under their owr direction and future disposition. 

3129 hereby agree to commute their permanent annuity of ten thou- 

3130 sand dollars for the sum of two hundred and fourteen thousand 

3131 dollars, the same to be invested by the President of the United 

3132 States as a part of the general fund of the nation : their present 

3133 school-fund, amounting to about fifty thousand dollars, shall con- 

3134 stitute a part of the permanent school-fund of the nation. 

3135 Aeticle 12. Those individuals and families of the Cher- 

3136 okee Nation that are averse to a removal to the Cherokee 

3137 country west of the Mississippi, and are desirous to become citi- 

3138 zens of the States where they reside, and such as are qualified 

3139 to take care of themselves and their property, shall be entitled 

3140 to receive their due portion of all the personal benefits accru- 



73 



3141 ing under this treaty for their claims, improvements, and per 

3142 capita, as soon as an appropriation is made Tor this treaty. 

3143 Such heads of Cherokee families as are desirous to reside 

3144 within the States of No. Carolina, Tennessee, and Alabama 
3115 subject to the laws of 'the same, and who are qualified or eal- 
314G culated to become useful citizens, shall be entitled, on the certifi- 

3147 cate of the commissioners, to a pre-emption right to one hun- 

3148 dred and sixty acres of land, or one-quail"! section, at the mini- 

3149 mum Congress price; so as to include the present buildings or 

3150 improvements of those who now reside there, and such as do i 

3151 live there at present shall be permitted to locate within two 

3152 years any lands not already occupied by persons entitled to pre- 

3153 emption privilege under this treaty ; and if two or more families 

3154 live on the same- quarter section, and they desire to continue 

3155 their residence in these States, and are qualified as above speci- 

3156 tied, they shall, on receiving their pre-emption certificate, be en- 

3157 titled to the right of pre-emption to such lands as they may 
315S select not already taken by any person entitled to them, under 

3159 this treaty. 

3160 It is stipulated and agreed between the United States and 

3161 the Cherokee people that John Boss, James Starr, George Hicks, 
31G2 John Gunter, George Chambers, John Eidge, Elias Boudinot, 

3163 George Sanders, John Martin, William Rogers, Roman Nose 

3164 Situ wake, and John Timpson shall be a committee on the part 

3165 of the Cherokees to recommend such persons for the privilege 

3166 of .pre-emption rights as may be deemed entitled to tbe same 

3167 under the above articles, and to select the missionaries who 

3168 shall be removed with the nation ; and that they be hereby fully 

3169 empowered and authorized to transact all business on the part 

3170 of the Indians which may arise in carrying into effect the pro- 

3171 visions of this treaty and settling the same with the United 

3172 States. If any of the persons above mentioned should decline 

3173 acting, or be removed by death, the vacancies shall be rilled by 

3174 the committee themselves. 

3175 It is alSb understood and agreed that the sum of one huu- 

3176 dred thousand dollars shall be expended by the commissioners 

3177 in such manner as the committee deem best, for the benefit of 

3178 the poorer class of Cherokees as shall remove west or have re- 

3179 moved west, and are entitled to the benefits of this treaty. The 

3180 same to be delivered at the Cherokee agency west as soon after 

3181 the removal of the nation as possible. 

3182 Article 13. in order to make a final settlement of all the 

3183 claims of the Cherokees for reservations granted under former 

3184 treaties, to any individuals belonging to the nation, by the 

3185 United States, it is therefore hereby stipulated and agreed and 

3186 expressly understood by the parties to this treaty, that all the 

10 I T 



74 



3 IS 7 Oherokees and their heirs and descendants to whom any reser- 

318S vations have been made under any former treaties with the 

3189 United States, and who have not sold or conveyed the same by 

3190 deed or otherwise, ami who. in the opinion of the commissioners, 

3191 have complied with the terms on which the reservations were 

3192 granted, as far as practicable in the several cases, and which 

3193 reservations have since been sold by the United States, shall 

3194 constitute a just claim again; : the United States, and the orig- 

3195 inal reservees or their heirs or descendants shall be entitled to 

3196 receive the present value thereof, from the United States, as 

3197 'unimproved lauds. And all such reservations as have not been 
319S sold by the United States, and where the terms on which the 

3199 reservations were made, in the opinion of the commissioners, 

3200 have been complied with as far as practicable, they or their heirs 

3201 or descendants shall be entitled to the same. They are hereby 

3202 granted and confirmed to them, and also all persons who were 

3203 entitled to reservations under the treaty of 1817, and who, 

3204 -as far as practicable, in the opinion of the commissioners, have 

3205 complied with the stipulations of said treaty, although, by the 

3206 treaty of 1819, such reservations were included in the unceded 

3207 lands belonging to the Cherokee Xation, are hereby confirmed 

3208 to them and they shall be entitled to receive a grant for the 

3209 same. And all such reservees as were obliged by the laws of 

3210 the States in which their reservations were situated, to abandon 

3211 the same or purchase them from the States, shall be deemed to 

3212 have a just claim against the United States for the amount by them 

3213 paid to the States, with interest thereon, for such reservations, and 

3214 if obliged to abandon the same, to the present value of such 

3215 reservations, as unimproved lands ; but in all cases where 

3216 the reservees have sold their reservations, or any part thereof, 

3217 and conveyed the same by deed or otherwise, and have been 

3218 paid for the same. they, their heirs, or descendants, or their 

3219 assigns, shall not be considered as having any claims upon the 

3220 United States under this article of the treaty, nor be entitled 

3221 to receive any compensation for the lands thus disposed of. It 

3222 is expressly understood by the parties to this treaty that the 

3223 amount to be allowed for reservations under this article shall 

3224 not be deducted out of the consideration money allowed to the 

3225 Cherokees for their claims for spoliations and the cession of 

3226 their lands; but the same is to be paid for independently by the 

3227 United States, as it is only a just fulfillment of former treaty 

3228 stipulations. 

3229 Aeiicle 14. It is also agreed on the part of the United 

3230 States that such warriors of the Cherokee Nation as were en- 

3231 gaged on the side of the United States in the late war with 

3232 Great Britain and the southern tribes of Indians, and who were 



75 



3233 wounded in such service, shall be entitled to such pensions as 

3234 shall be allowed them by the Congress of the United States, to 

3235 commence. from the period of their disability. 

3236 Article 15. It is expressly understood and agreed between 

3237 the parties to this treaty that after deducting the amount which 

3238 shall be actually expended for the payment for improvement s, 

3239 ferries, claims for spoliations, removal, subsistence, and debts 

3240 and claims upon the Cherokee Nation, and for, the additional 

3241 quantity of lands and goods for the poorer class of Cherokees, 

3242 and the several sums to be invested for the general national 

3243 funds provided for in the several articles of this treaty, the 

3244 balance, whatever the same may be, shall be equally divided 

3245 between all the people belonging to the Cherokee Nation east 

3246 according to the census just completed; and such Cherokees as 

3247 have removed west since June, 1833, who are entitled by the 

3248 terms of their enrolment and removal to all the benefits result- 

3249 ing from the final treaty between the United States and the 

3250 Cherokees east, they shall also be paid for their improvements 

3251 according to their approved value before their removal, where 

3252 fraud has not already been shown in their valuation. 

3253 Article 16. It is hereby stipulated and agreed by the 

3254 Cherokees that they shall remove to their new homes within 

3255 two years from the ratification of this treaty, and that during 

3256 such time the United States shall protect and defend them in 

3257 their possessions and property, and free use and occupation of 

3258 the same, and such persons as have been dispossessed of their 

3259 improvements and houses, and for which no giant has actually 

3260 issued previously to the enactment of the law of the State of 

3261 Georgia of December, 1835, to regulate Indian occupancy, shall 

3262 be again put in possession and placed in the same situation and 

3263 condition, in reference to the laws of the State of Georgia, as 

3264 the Indians that have not been dispossessed ; and if this is not 

3265 done, and the people are left unprotected, then the United 

3266 States shall pay the several Cherokees for their losses and dam- 

3267 ages sustained by them in consequence thereof. And it is also 

3268 stipulated and agreed that the public buildings and improve* 

3269 ments on which they are situated at New Eehota, for which no 

3270 grant has been actually made previous to the passage of the 

3271 above recited act, if .not occupied by the Cherokee people, shall 

3272 be reserved for the public and the free use of the United States 

3273 and the Cherokee Indians, for the purpose of settling and closing 

3274 all the Indian business arising under this treaty between the 

3275 commissioners of claims and the Indians. 

3276 The United States, and the several States interested in the 

3277 Cherokee lands, shall immediately proceed to survey the lands 

3278 ceded by this treaty; but it is expressly agreed and understood 



76 



3279 between the parties that the agency buildings and that tract of 

3250 land surveyed and laid off for the use of Colonel R. J. Meigs, 

3251 Indian agent, or heretofore enjoj'ed and occupied by his suc- 

3252 cessors in office, shall continue subject to the use and occupancy 

3253 of the United States, or such agent as may be engaged specially 

3284 superintending the removal of the tribe. 

3285 ARTICLE 17. All the claims arising under or provided for 

3286 in the several articles of this treaty shall be examined and 

3287 adjudicated by such commissioners as shall be appointed by the 

3288 President of the United States, by and with the advice and 

3289 consent of the Senate of the United States, for that purpose: 

3290 and their decision shall be final, and on their certificate of the 

3291 amount due the several claimants they shall be paid by the 

3292 United States. All stipulations in former treaties which have 

3293 not been superseded or annulled by this shall continue in full 
3291 force and virtue. 

3295 Article 18. Whereas in consequence of the unsettled 

3296 affairs of the Cherokee people, and the early frosts, their crops 

3297 are insufficient to support their families, and great distress is 

3298 likely to ensue : and whereas the nation will not until after 

3299 their removal be able advantageously to expend the income of 

3300 the permanent funds of the nation, it is therefore agreed that 

3301 the annuities of the nation which may accrue under this treaty 

3302 for two years, the time fixed for their removal, shall be expended 

3303 in provisions and clothing for the benefit of the poorer class of 
3301 the nation ; and the United States hereby agree to advance the 

3305 same for that purpose as soon after the ratification of this treaty 

3306 as an appropriation for the same shall be made. It is, however, 

3307 not intended in this article to interfere with that part of the 

3308 annuities due the Cherokees west by the treaty of 1819. 

3309 Article 19. This treaty, after the same shall be ratified 

3310 by the President and Senate of the United States, shall be 

3311 obligatory on the contracting parties. 

3312 Proclaimed May 23, 1836. 

3313 Whereas the Western Cherokees have appointed a delega- 
3311 tion to visit the Eastern Cherokees to assure them of the friendly 

3315 disposition of their people and their desire that the nation should 

3316 again be united as one people, and to urge upon them the expe- 

3317 diency of accepting the overtures of the Government ; and that, 

3318 on their removal, they may be assured of a hearty welcome and 

3319 an equal participation with them in all the benefits and privi- 

3320 leges of the Cherokee country west; and the undersigued, two 

3321 of said delegation, being the only delegates in the eastern nation 

3322 from the west at the signing and sealing of the treaty lately 

3323 concluded at ZSTew Echota between their eastern brethren and 



77 



3324 the United States, and having fully understood the provisions 

3325 of the same, they agree to it in behalf of the Western Cherokees. 

3326 But it is expressly understood that nothing in this treaty shall 

3327 affect any claims of the Western Cherokees on the United States 
332S In testimony whereof we have, this 31st day of December, 

3329 1835, hereunto set our hands and seals. 

3330 JAMES EOGEES, 

3331 JOHX SMITH, 

3332 Delegates from the Western Cherokee*. 



3333 Schedule and estimated value of the Osage half-breed reservations 

3334 within the territory ceded by the Cherokees west of the Missis- 

3335 sippi, (referred to in article 5 on the foregoing treaty.) viz : 



3336 Augustus Clamont, one section $6,000 

3337 James Clamont, one section 1,000 

3338 Paul Clamont, one section 1,300 

3339 Henry Clamont, one section , 800 

3340 Anthony Clamont, one section 1. 800 

3341 Eosalie Clamont, one section , ] , SCO 

3342 Emilia D., of Mihanga 1, 000 

3343 Emilia D., of Shemianga 1, 300 

3344 

3345 $15,000 



3346 1 hereby certify that the above schedule is the estimated 

3347 value of the Osage reservations, as made out and agreed upon 

3348 with Col. A. P. Chouteau, who represented himself as the agent 

3349 or guardian of the above reservees. 

3350 J. F. SCHEEMERHORN. 

3351 March 14, 1835. 

3352 Supplementary articles to a treaty concluded at New Echota, Geor- 

3353 gia, December 29, 1835, between the United States and Cherokee 

3354 people. # 

3355 Whereas the undersigned were authorized at the general 

3356 meeting of the Cherokee people held at Xew Echota, as above 

3357 stated, to make and assent to such alterations in the preceding 

3358 treaty as might be thought necessary: and whereas the Presi- 

3359 dent of the United States has expressed his determination not 

3360 to allow any pre-emptions or reservations, his Sesire being that 

3361 the whole Cherokee people should remove together and estab- 

3362 lish themselves in the country provided for them west of the 

3363 Mississippi river : 

3364 Article 1. It is therefore agreed that all the pre-emption 



78 



3305 rights and reservations provided for in articles 12 and 13 shall 

3366 be and are hereby relinquished and declared void. 

3367 Article 2. Whereas the Cherokee people have supposed 
336S that the sum of five millions of dollars fixed by the Senate in 

3369 their resolution of day of March. 1835, as the value of the 

3370 Cherokee lands and possessions east of the Mississippi Eiver 

3371 was not intended to include the amount which may be required 

3372 to remove them, nor the value of certain claims which many of 

3373 their people had against citizens of the United States, which 
3371 suggestion has been confirmed by the opinion expressed to the 

3375 War Department by some of the Senators who voted upon the 

3376 question : and whereas the President is willing that this subject 

3377 should be referred to the Senate for their consideration, and if 
337S it_was_n ot intend ed Jolt the Senate that the above-mentioned 
3379 sum of five millions of dollars should include the objects herein 
33S0 specified, that in that case such further provision should be 

3381 made therefor as might appear to the Senate to be just : 

3382 Article 3. It is therefore agreed that the sum of six huu- 

3383 dred thousand dollars shall be, and the same is hereby, allowed 
3381 to the Cherokee people, to include the expense of thjeir removal, 

3385 and all claims of every nature and description against the Gov- 

3386 ernment of the United States not herein otherwise expressly pro- 

3387 vided for. and to be in lieu of the said reservations and pre- 

3388 eruptions, and of the sum of three hundred thousand dollars for 

3389 spoliations described in the 1st article of the above-mentioned 

3390 treaty. This sum of six hundred thousand dollars shall be ap- 

3391 plied and distributed agreeably to the provisions of the said 

3392 treaty, and any surplus which may remain after removal and 

3393 payment of the claims so ascertained, shall be turned over and 
3391 belong to the education fund. 

3395 But it is expressly understood that the subject of this arti- 

3396 cle is merely referred hereby to the consideration of the Senate, 

3397 and if they shall approve the same, then this supplement shall 

3398 remain part of the treaty. 

3399 Article 1. If is also understood that the provisions in ar- 

3100 tide 16, for the agency reservation, is not intended to interfere 

3101 with the occupant right of any Cherokees. should their improve- 

3102 ment fall within the same. 

3103 It is also understood and agreed, that the one. hundred 
3101 thousand dollars appropriated in article 12 for the poorer class 
31<)5 of Cherokees, and intended as a set-off to the pre-emption rights, 

3106 . shall now be transferred from the funds of the nation and added 

3107 to the general national fund of four hundred thousand dollars, 

3108 so as to make said fund equal to five hundred thousand dollars. 

3109 Article 5. The necessary expenses attending the negotia- 

3110 tion of the aforesaid treaty and supplement, and also of such 



79 



3411 persons of the delegation as may sign the same, shall be de- 

3112 frayed by the United States. 

3113 Proclaimed May 23, 1836. 

3114 Articles of a treaty made and concluded at Washington, in thi 
3415 District of Columbia, between the United States of America, by 

3116 three commissioners, Edmund [Burke, William Armstrong, and 

3117 Albion K. Parris ; and John Ross, principal chief of the Cher- 
3418 okee Nation; David Yann, William S. Coody, Richard Taylor. 
34L9 T. B. Walker, Clement Y. McXair, Stephen Foreman, John 
3420 Drew, and Richard Field, delegates duly appointed by the reg. 
3421. vlarly constituted authorities of the Cherokee Fat ion ; George 
3122 Tr. Adair, John A. Bell, Stand Watie, Joseph M. Lynch , John 

3423 Huss, and Brice Martin, a delegation appointed by, and repre. 

3424 seating that portion of the Cherokee tribe of Indians known 

3425 and recognized as the u Treaty Party f John Brown, Captain 

3426 Dutch, John L. McCoy, Richard Drew, and Ellis Phillips, 

3427 delegates appointed by, and representing, that portion of the 

3428 Cherokee Tribe of Indians known and recognized as " Western 

3429 Cherokees" or "Old Settlers: 7 

3430 Whereas serious difficulties have, for a considerable time 

3431 past, existed between the different portions of the people consti- 

3432 tuting and recognized as the Cherokee Nation of Indians, which 

3433 it is desirable should be speedily settled, so that peace and har- 

3434 mony may be restored among them ; and whereas certain claims 

3435 exist on the part of the Cherokee Nation, and portions of the 

3436 Cherokee people, against the United States : Therefore, with a 

3437 view to the final and amicable settlement of the difficulties and 

3438 claims before mentioned, it is mutually agreed by the several 

3439 parties to this convention as follows, viz : 

3440 Article 1. That the lands now occupied by the Cherokee Xa- 

3441 tion shall be secured to the whole Cherokee people for their common 

3142 use and benefit; and a patent shall be issued for the same, in- 

3143 eluding the eight hundred thousand acres purchased, together 

3444 with the outlet west, promised by the United States, in conform- 

3445 ity with the provisions relating thereto, contained iu the third 

3446 article of the treaty of 1835, and in the third section of the act 

3447 of Congress approved May twenty-eighth, 1830, which author- 

3448 izes the President of the United States, in making exchanges of 

3449 lands with the Indian tribes, " to assure the tribe or nation with 

3150 which the exchange is made that the United States will forever 

3151 secure and guarantee to them, and their heirs or successors, the 

3152 country so exchanged with them ; and if they prefer it that the 

3453 United States will cause a patent or grant to be made and exe- 

3454 cuted to them for the same : Provided, always, That such lands 



80 



3455 shall revert to the United States if the Indians become extinct 

3456 or abandon the same.' 7 

3457 Article 2. All difficulties and differences heretofore ex- 

3458 isting between the several parties of the Cherokee Nation are 

3459 hereby settled and adjusted, and shall, as far as possible, be for- 

3460 gotten and forever buried in oblivion. AM party distinctions 

3461 shall cease, except so far as they may be necessary to carry out 

3462 this convention or treaty. A general amnesty is hereby declared. 

3463 All offences and crimes committed by a citizen or citizens of the 

3464 Cherokee Nation against the nation, or against an individual or 

3465 individuals, are hereby pardoned. All Cherokees who are now 

3466 out of the nation are invited and earnestly requested to return to 

3467 their homes, where they may live in peace, assured that they shall 

3468 not be prosecuted for any offence heretofore committed against 

3469 the Cherokee Nation, or any individual thereof. And this par- 

3470 don and amnesty shall extend to all who may now be out of the 

3471 nation, and who shall return thereto on or before 1st day of De- 

3472 cember next. The several parties agree to unite in enforcing 

3473 the laws against all future offenders. Laws shall be passed for 

3474 equal protection, and for the security of life, liberty, and pro- 

3475 perty ; and full authority shall be given by law, to all or any 

3476 portion of the Cherokee people, peaceably to assemble and pe- 

3477 tition their own government, or the Government of the United 

3478 States, for the redress of grievances, and to discuss their rights. 

3479 All armed police, light horse, and other military organization, 

3480 shall be abolished, and the laws enforced by the civil authority 

3481 alone. 

3482 No one shall be punished for any crime or misdemeanor ex- 

3483 cept on conviction by a jury of his country, and the sentence of 

3484 a court duly authorized by law to take cognizance of the offence. 

3485 And it is further agreed, all fugitives from justice, except those 
3186 included in the general amnesty herein stipulated, seeking ref- 

3487 uge in the territory of the United States, shall be delivered up 

3488 'by the authorities of the United States to the Cherokee Nation 

3489 for trial and punishment. 

3490 Article 3. Whereas certain claims have been allowed by 

3491 the several boards of commissioners' heretofore appointed un- 

3492 der the treaty of 1835, for rents, under the name of improve- 

3493 ments and spoliations, and for property of which the Indians 

3494 were dispossessed, provided for under the 16th article of the 

3495 treaty of 1835 ; and whereas the said claims have been paid out 

3496 of the $5,000,000 fund ; and whereas said claims were not justly 

3497 chargeable to that fund, but were to be paid by the United 

3498 States, the said United States agree to re-imburse the said fund 

3499 the amount thus charged to said fund, and the same shall form 

3500 a part of the aggregate amount to be distributed to the Chero- 



81 



3501 kee people, as provided in the Otli article of this treaty; and 

3502 whereas a further amount has been allowed for reservations un- 

3503 der the provisions of the 13th article of the treaty of 1835, by 
3501 said commissioners, and has been paid out of the said fund, and 
3505 which said sums were properly chargeable to, and should have 
350G been paid by, the United States, the said United States further 

3507 agree to re-imburse the amounts thus paid for reservations to 

3508 said fund; and whereas the expenses of making the treaty of 

3509 New Echoto were also paid out of said fund, when they should 

3510 have been borne by the United States, the United States agree 

3511 to re imburse the same, and also to re imburse all other sums 

3512 paid to any agent of the government, and improperly charged 

3513 to said fund ; and the same also shall form a part of the aggre- 
3511 gate amount to be distributed to the Cherokee people, as pro- 

3515 vided in the 9th article of this treaty. 

3516 Article 4. And whereas it has been decided by the board 

3517 of commissioners recently appointed by the President of the 

3518 United States to examine and adjust the claims and difficulties 

3519 existing against and between the Cherokee people and the 

3520 United States, as well as between the Cherokees themselves, 

3521 that under the provisions of the treaty of 1828, as well as in 

3522 conformity with the general policy of the United States in rela- 

3523 tion to the Indian tribes, and the Cherokee Nation in particular, 
3521 that that portion of the Cherokee people known as the " Old 

3525 Settlers," or " Western Cherokees," had no exclusive title to the 

3526 territory ceded in that treaty, but that the same was intended for 

3527 the use of, and to be the home for, the whole nation, including 

3528 as well that portion then east as that portion then west of the 

3529 Mississippi ; and whereas the said board of commissioners fur- 

3530 ther decided that, inasmuch as the territory before mentioned 

3531 became the common property of the whole Cherokee Nation by 

3532 the operation of the treaty of 1828, the Cherokees then west of 

3533 the Mississippi, by the equitable operation of the same treaty, 
3531 acquired a common interest in the lauds occupied by the Cher- 

3535 okees east of the Mississippi river, as well as in those occupied 

3536 by themselves west of that river, which interest should have 

3537 been provided for in the treaty of 1835, but which was not, 

3538 except in so far as they, as a constituent portion of the nation, 

3539 retained, in proportion to their numbers, a common interest in 

3510 the country west of the Mississippi, aud in the general funds of 

3511 the nation ; and therefore they have an equitable claim upon 

3512 the United States for the value of that interest, whatever it 

3513 may be. Now, in order to ascertaiu the value of that interest, 
3511 it is agreed that the following principle shall be adopted, viz: 

3515 All the investments and expenditures which are properly 

3516 chargeable upon the sums granted in the treaty of 1835, amount- 

11 I T 



82 



3547 ing in the whole to five millions six hundred thousand dollars, 

3548 (which investments and expenditures are particularly enumer- 

3549 ated in the 15th article of the treaty of 1835,) to be first de- 

3550 ducted from said aggregate sum, thus ascertaining the residuum 

3551 or amount which would, under such marshalling of accounts, 

3552 be left for per capita distribution among the Cherokees, emigrat- 

3553 iu g under the treaty of 1835, excluding all extravagant and 

3554 improper expenditures, and then allow to the Old Settlers (or 

3555 Western Cherokees) a sum equal to one third part of saiclre- 

3556 siduum, to be distributed per capita to each individual of said 

3557 party of " Old Settlers," or " Western Cherokees." It is further 

3558 agreed that, so far as the Western Cherokees are concerned, in 

3559 estimating the expense of removal and subsistence of an East- 

3560 ern Cherokee, to be charged to the aggregate fund of five mil- 

3561 liou, six hundred thousand dollars above mentioned, the sums 

3562 for removal and subsistence stipulated in the 8th article of the 

3563 treaty of 1835, as commutation money in those cases in which 

3564 the parties entitled to it removed themselves shall be adopted. 

3565 And as it affects the settlement with the Western Cherokees, 

3566 there shall be no deduction from the fund before mentioned in 

3567 consideration of any payments which may hereafter be made out 

3568 of said fund ; and it is hereby further understood and agreed, 

3569 that the principle above defined shall embrace all those Chero- 

3570 kees west of the Mississippi who emigrated prior to the treaty 

3571 of 1835. 

3572 In the consideration of the foregoing stipulation on the part 

3573 of the United States, the " Western Cherokees," or " Old Set- 

3574 tiers," hereby release and quit-claim to the United States all 

3575 right, title, interest, or claim they may have to a common prop- 

3576 erty in the Cherokee lands east of the Mississippi River, and to 

3577 exclusive ownership to the lands ceded to them by the treaty of 
- 3578 1833 west of the Mississippi, including the outlet west, consent- 

3579 ing and agreeing that the said lands, together with the eight 

3580 hundred thousand acres ceded to the Cherokees by the treaty of 

3581 1835, shall be and remain the common property of the whole 

3582 Cherokee people, themselves included. 

3583 Article 5. It is mutually agreed that the per capita allow- 

3584 ance to be given to the " Western Cherokees," or " Old Settlers,'* 

3585 upon the principle above stated, shall be held in trust by the 

3586 Government of the United States, and paid out to each individ- 

3587 ual belonging to that party or head of family, or his legal rep- 

3588 resentatives. And it is further agreed that the per capita al- 

3589 lowance to be paid as aforesaid shall not be assignable, but shall 

3590 be paid directly to the persons entitled to it, or to his heirs or 

3591 legal representatives, by the agent of the United States, au- 

3592 thorized to make such payments. 



83 



3593 And it is further agreed that a comm ittee of fi ve persons shall 

3594 be appointed by the President of the United States, from the 

3595 party of " Old Settlers,*' whose duty it shall be, in conjunction 

3596 with an agent of the United States, to ascertain what persons 

3597 are entitled to the per capita allowance provided for in this and 

3598 the preceding article. 

3599 Article 6. And whereas many of that portion of the Chero- 

3600 kee people known and designated as the " Treaty Tarty have 

3601 suffered losses and incurred expenses in consequence of the treaty 

3602 of 1835 ; therefore, to indemnify the treaty party, the United 

3603 States agree to pay to the said treaty party the sum of one 
3601 hundred and fifteen thousand dollars, of which the sum of five 

3605 thousand dollars shall be paid by the United States to the heirs 

3606 or legal representatives of Major Bidge, the sum of five thou- 

3607 sand dollars to the heirs or legal representatives of John Ridge, 

3608 and the sum of five thousand dollars to the heirs or legal repre- 

3609 sentatives of Elias Boudiuot, and the balance, being the sum of 

3610 one hundred thousand dollars, which shall be paid by the United 

3611 States, in such amounts and to such persons as maybe certified 

3612 by a committee to be appointed by the treaty party, and which 

3613 committee shall consist of not exceeding five persons, and ap- 

3614 proved by an agent of the United States, to be entitled to re- 

3615 ceive the same for losses and damages sustained by them, or by 

3616 those of whom they are the heirs or legal representatives : Pro- 

3617 vided, That out of the said balance of one hundred thousand 

3618 dollars, the present delegation of the treaty party may receive 

3619 the sum of twenty-five thousand dollars, to be by them applied 

3620 to the payment of claims and other expenses. And it is further 

3621 provided that, if the said sum of one hundred thousand dollars 

3622 should not be sufficient to pay all the claims allowed for losses 

3623 and damages, that then the same shall be paid to the said claim 
3621 ants pro rata, and which payments shall be in full of all claims 

3625 and losses of the said treaty party. 

3626 Article 7. The value of all salines which were the private 

3627 property of individuals of the Western Cherokees, and of which 

3628 they were dispossessed, provided there be any such, shall be as- 

3629 certained by the United States agent, and a commissioner to be 

3630 appointed by the Cherokee authorites; and, should they be un- 

3631 able to agree, they shall select an umpire, whose decision shall 

3632 be final, and the several amounts found clue shall be paid by the 

3633 Cherokee Nation, or the salines returned to their respective 
3631 owners. 

3635 Article 8. The United States agree to pay to the Chero- 

3636 kee Xation the sum of two thousand dollars for a printing-press, 

3637 materials, and other property destroyed at that time ; the sum 

3638 of five thousand dollars to be equally divided among all those 



84 



3G39 whose arms were taken from them previous to their removal 

3640 West by order of an officer of the United States ; and the further 

3641 sum of twenty thousand dollars, in lieu of all claims of the 

3642 Cherokee Nation, as a nation, prior to the treaty of 1835, except 
3613 all lands reserved, by treaties heretofore made, for school funds. 
3611 Article 9. The United States agree to make a fair and 
3615 just settlement of all moneys due to the Cherokees, and subject 
3646 to the per capita division under the treaty of 29th December, 

3617 1835, which said settlement shall exhibit all money properly ex- 

3618 pended under said treaty, and shall embrace all sums paid for 

3619 improvements, ferries, spoliations, removal, and subsistence, 

3650 and commutation therefor, debts and claims upon the Cherokee 

3651 Nation of Indians, for the additional quantity of land ceded to 

3652 said nation ; and the several sums provided in the several ar- 

3653 tides of the treaty, to be invested as the general funds of the 
3651 nation ; and also all sums which may be hereafter properly al- 

3655 lowed and paid under the provisions of the treaty of 1835. The 

3656 aggregate of which said several sums shall be deducted from 

3657 the sum of six millious six hundred and forty-seven thousand 

3658 and sixty-seven dollars, and the balance thus found to be due 

3659 shall be paid over, per capita, in equal .amounts, to all those in- 

3660 dividuals, heads of families, or their legal representatives, en- 

3661 titled to receive the same under the treaty of 1835, and the sup- 

3662 plement of 1836, being all those Cherokees residing east at the 

3663 date of said treaty and the supplement thereto. 

3664 Article 10. It is expressly agreed that nothing in the fore- 

3665 going treaty contained shall be so construed as in any manner 

3666 to take away or abridge any rights or claims which the Chero- 

3667 kees now residing in States east of the Mississippi River had, 

3668 or may have, under the treaty of 1835 and the supplement 

3669 thereto. 

3670 Article 11. Whereas the Cherokee delegations contend 

3671 that the amount expended for the one year's subsistence, after 

3672 their arrival in the west, of the Eastern Cherokees, is not prop- 

3673 erly chargeable to the trealy fund ; it is hereby agreed that that 

3674 question shall be submitted to the Senate of the United States 

3675 for its decision, which shall decide whether the subsistence shall 

3676 be borne by the United States or the Cherokee funds, and if by 

3677 the Cherokees, then to say whether the subsistence shall be 

3678 charged at a greater rate than thirty- three dollars per head ; 

3679 and also the question, whether the Cherokee Nation shall be 

3680 allowed interest on whatever sum may be found to be due the 

3681 nation, and from what date and at what rate per annum. 

3682 Article 12. (a.) The Western Cherokees, called " Old Set- 

3683 tiers," in assenting to the general provisions of this treaty in 

3684 behalf of their people, have expressed their fixed opinion that, 



85 



3685 in making a settlement with them upon the basis herein estab- 

3G8G lished, the expenses incurred for the removal and subsistence of 

3G87 Cherokees, after the twenty-third day of May, 1838, should not 

3688 be charged upon the five millions of dollars allowed to the Oher- 

3689 okees for their lands under the treaty of 1835, or on the fund 

3690 provided by the third article of the supplement thereto; and 

3691 that no part of the spoliations, subsistence, or removal, pro- 

3692 vided for by the several articles of said treaty and the supple- 

3693 ment thereto, should be charged against them in their settlement 

3694 for their interest in the Cherokee country east and west of the 

3695 Mississippi Eiver. And the delegation of " Old Settlers," or 

3696 " Western Cherokees," propose that the question shall be sub- 

3697 mitted with this treaty to the decision of the Senate of the 

3698 United States, of what portion, if any, of the expenditures made 

3699 for removal, subsistence, and spoliations under the treaty of 

3700 1835, is. properly and legally chargeable to the five-million fund. 

3701 And they will abide by the decison of the Senate. 

3702 Article 13. This treaty, after the same shall be ratified by 

3703 the President and Senate of the United States, shall be obliga- 

3704 tory on the contracting parties. 

3705 Proclaimed August 17, 1846. 

3706 Treaty between the United States of America and the Cherokee 

3707 Nation of Indians, concluded J uly 19, 1866 ; ratification advised, 

3708 with amendments, July 27, 1866 ; amendments accepted J uly 31, 

3709 1866. 

3710 Andrew Johnson, President of the United States of America, 

3711 to all and singular to whom these presents shall come greet- 

3712 ing: 

3713 Whereas a treaty was made and concluded at the city of 

3714 Washington, in the District of Columbia, on the nineteenth day 

3715 of July, in the year of Lord one thousand eight hundred and 

3716 sixty-six, by and between Dennis N. Cooley and Elijah Sells, 

3717 commissioners on the part of the United States, and Smith 

3718 Christie, W r kite Catcher, James McDaniel, S. H. Benge, Daniel 

3719 H. Eoss, and J. B. Jones, delegates of the Cherokee Nation, 

3720 appointed by resolution of the national council, on the part of 

3721 said Cherokee Nation, which treaty is in the words and figures 

3722 following, to wit : 

3723 Articles of agreement and convention at the city of Wash in gton, 

3724 on the nineteenth day of July, in the year of our Lord one 

3725 thousand eight hundred and sixty-six, between the United 

3726 States, represented by Dennis N. Cooley, Commissioner of 

3727 Indian Affairs, [and] Elijah Sells, superintendent of Indian 



86 



372S affairs for the southern superintendence and the Cherokee 

3729 Nation of Indians, represented by its delegates, James Mc- 

3730 Daniel, Smith Christie, White Catcher, S. H. Benge, J. B. 

3731 Jones, and Daniel H. Boss, John Boss, principal chief of 

3732 the Cherokees, being too unwell to join in these negotia- 

3733 tions. 

3734 PREAMBLE. 

3735 Whereas existing treaties between the United States and 

3736 the Cherokee Nation are deemed to be insufficient, the said con. 

3737 tracting parties agree as follows, viz : 

3738 Article 1. The pretended treaty made with the so-called 

3739 Confederate States of the Cherokee Nation, on the seventh day 

3740 of October, eighteen hundred and sixty-one, and repudiated by 

3741 the national council of the Cherokee Nation on the eighteenth 

3742 day of February, eighteen hundred and sixty-three, is hereby 

3743 declared to be void. 

3744 Article 2. Amnesty is hereby declared by the United States 

3745 and the Cherokee Nation for all crimes and misdemeanors com- 

3746 mittecl by one Cherokee on the person or property of another 

3747 Cherokee, or of a citizen of the United States, prior to the fourth 

3748 day of July x eighteen hundred and sixty-six; and no right of 

3749 action arising out of wrongs committed in aid or in the suppres- 

3750 sion of the rebellion shall be prosecuted or maintained in the 

3751 courts of the United States or in the courts of the Cherokee 

3752 Nation. 

3753 But the Cherokee Nation stipulate and agree to deliver up 

3754 to the United States, or their duly authorized agent, any or all 

3755 public property, particularly ordnance, ordnance stores, arms of 

3756 all kinds, and quartermaster's stores, in their possession or con- 

3757 trol, which belonged to the United States or the so-called Con- 

3758 federate States, without any reservation. 

3759 Article 3. The confiscation laws of the Cherokee Nation 

3760 shall be repealed, and the same, and all sales of farms and im- 

3761 provements on real estate, made or pretended to be made in 

3762 pursuance thereof, are hereby agreed and declared to be null 

3763 and void, and the former owners of such property so sold, their 

3764 heirs or assigns, shall have the right peaceably to re-occupy 

3765 their homes, and the purchaser under the confiscation laws, or 

3766 his heirs or assigns, shall be repaid by the treasurer of the 

3767 Cherokee Nation from the national funds the money paid for 

3768 said property and the cost of permanent improvements on such 

3769 real estate made thereon since the confiscation sale ; the cost of 

3770 such improvements to be fixed by a commission, to be composed 

3771 of one person designated by the Secretary of the Interior and 

3772 one by the principal chief of the nation, which two may ap- 



87 



3773 point a third iu cases of disagreement, which cost so fixed shall 

3774 be refunded to the national treasurer by the returning Cbero- 

3775 kees within three years from the ratification hereof. 

3776 Article 4. All the Cherokees and freed persons who were 

3777 formerly slaves to any Cherokee, and all free negroes not hav- 

3778 ing been such slaves, who resided in the Cherokee Nation prior 

3779 to June first, eighteen hundred and sixty-one, who m;i\ within 

3780 two years elect not to reside northeast of the Arkansas Eiver 
37S1 and southeast of Grand Eiver, shall have the right to settle in 

3782 and occupy the Canadian district southwest of the Arkansas 

3783 Eiver, and also all that tract of country lying northwest of 

3784 Grand Eiver, and bounded on the southeast by Grand River 

3785 and west by the Creek reservation to the northeast corner 

3786 thereof ; from thence west on the north line of the Creek reser- 

3787 vation to the ninety-sixth degree of west longitude ; and thence 

3788 north on said line of longitude so far that a line due east to 

3789 Grand Eiver will include a quantity of land equal to one hun- 

3790 dred and sixty acres for each person who may so elect to reside 

3791 in the territory above-described "in this article : Provided, That 

3792 that part of said district north of the Arkansas Eiver shall not 

3793 be set apart until it shall be found that the Canadian district is 
3791 not sufficiently large to allow one huudred and sixty acres to 

3795 each person desiring to obtain settlement under the provisions 

3796 of this article. 

3797 Article 5. The inhabitants electing to reside in the dis- 

3798 trict described in the preceding article shall have the light to 

3799 elect all their local officers and judges, and the number of dele- 

3800 gates to which by their numbers they may be entitled in any 

3801 general council to be established in the Indian Territory under 
3S02 the provisions of this treaty, as stated in Article XII, and to 
3803 control all their local affairs, and to establish all necessary 
3801 police regulations and rules for the administration of justice in 

3805 said district, not inconsistent with the constitution of the Cher- 

3806 okee Nation or the laws of the United States : Provided, The 

3807 Cherokees residing in said district shall enjoy all the rights and 

3808 privileges of other Cherokees who may elect to settle in said 

3809 district as hereinbefore provided, and shall hold the same rights 

3810 and privileges and be subject to the same liabilities as those who 

3811 elect to settle in said district under the provisions of this 

3812 treaty: Provided also, That if any such police regulations or 

3813 rules be adopted which, in the opinion of the President, bear 

3814 oppressively on any citizen of the nation, he may suspend the 

3815 same. And all rules or regulations in said district, or in any 

3816 other district of the nation, discriminating against the citizens 

3817 of other districts, are prohibited, and shall be void. 

3818 Article 6. The inhabitants of the said district hereinbe- 



88 



3819 fore described shall be entitled to representation according to 

3820 numbers in the national council, and all laws of the Cherokee 

3821 Nation shall be uniform throughout said nation. And should 

3822 any such law, either in its provisions or in the manner of its 

3823 enforcement, in the opinion of the President of the United 

3824 States, operate unjustly or injuriously in said district, he is 

3825 hereby authorized and empowered to correct such evil, and to 

3826 adopt the means necessary to secure the impartial administra- 

3827 tion of justice, as well as a fair aud equitable application and 

3828 exi3enditure of the national funds as between the people of this 

3829 and of every other district in said nation. 

3830 Article 7. The United States court to be created in the 

3831 Indian Territory ; and until such court is created therein, the 

3832 United States district court, the nearest to the Cherokee Nation, 

3833 shall have exclusive original jurisdiction of all causes, civil and 
3831 criminal, wherein an inhabitant of the district hereinbefore de- 

3835 scribed shall be a party, and where an inhabitant outside of 

3836 said district, in the Cherokee Nation, shall be the other party, 

3837 as plaintiff or defendant in a civil cause, or shall be defendant 

3838 or prosecutor in a criminal case, and all process issued in said 

3839 district by any officer of the Cherokee Nation, to be executed 

3810 on an inhabitant residing outside of said district, and all pro- 

3811 cess issued by any officer of the Cherokee Nation outside of 
3842 said district, to be executed on an inhabitant residing in said 
3813 district, shall be to all intents and purposes null and void, un- 
3811 less indorsed by the district judge for the district where such 

3845 process is to be served, aud said person, so arrested, shall be 

3846 held in custody by the officer so arresting him, until he shall be 
3817 delivered over to the United States marshal, or consent to be 

3848 tried by the Cherokee court : Provided, That auy or all the pro- 

3849 visions of this treaty, which make any distinction in rights and 

3850 remedies between the citizens of any district and the citizens of 

3851 the rest of the nation, shall be abrogated whenever the Presi- 

3852 dent shall have ascertained, by an election duly ordered by him, 

3853 that a majority of the voters of such district desire them to be 

3854 abrogated, and he shall have declared such abrogation : And 

3855 provided further, That no law or regulation to be hereafter en- 

3856 acted within said Cherokee Nation or any district thereof, pre- 

3857 scribing a penalty for its violation, shall take effect or be en- 

3858 forced until after ninety days from the date of its promulga- 

3859 tion, either by publication in oue or more newspapers of gen- 

3860 eral circulation in said Cherokee Nation, or by posting up copies 

3861 thereof in the Cherokee and English languages in each district 

3862 where the same is to take effect, at the usual place of holding 

3863 district courts. 

3861 Article 8. No license to trade in goods, wares, or mer- 



89 



3865 cliandise merchandise shall be granted by the United States to 

3860 trade in the Cherokee Nation, unless approved by the Cherokee 

3867 national council, except in the Canadian district, and such other 

3868 district north of Arkansas Eiver and west of (J rand River oc- 

3869 cupied by the so-called southern Cherokees, as provided in Ar 

3870 ticle 4 of this treaty.. 

3871 Article 9. The Cherokee Nation having, voluntarily, in 

3872 February, eighteen hundred and sixty-three, by an ad of their 

3873 national council, forever abolished slavery, hereby covenant and 

3874 agree that never hereafter shall either slavery or involuntary 

3875 servitude exist in their nation otherwise than in the punishment 

3876 of crime, whereof the party shall have been duly convicted, in 

3877 accordance with laws applicable to all tbe members of said tribe 

3878 alike. They further agree that all freedmen who have been 

3879 liberated by voluntary act of their former owners or by law, 

3880 as well as all free colored persons who were in the countr} T at the 

3881 commencement of the rebellion, and are now residents therein, 
8882 or who may return within six months, and their descendants, 

3883 shall have all the rights of native Cherokees: Provided, That 

3884 owners of slaves so emancipated in the Cherokee Nation shall 

3885 never receive any compensation or pay for the slaves so emanci- 

3886 pated. 

3887 Article 10. Every Cherokee and freed person resident in 

3888 the Cherokee Nation shall have the right to sell any products of 

3889 his farm, including his or her live stock, or any merchandise or 

3890 manufactured products, and to ship and drive the same to market 

3891 without restraint, paying any tax thereon which is now or may 

3892 be levied by the United States on the quantity sold outside of 

3893 the Indian Territory. 

3894 Article 11. The Cherokee Nation hereby grant a right of 

3895 way not exceeding two hundred feet wide, except at stations, 

3896 switches, water-stations, or crossing of rivers, where more may 

3897 be indispensable to the full enjoyment of the franchise herein 

3898 granted, and then only two hundred additional feet shall .be 

3899 taken, and only for such length as may be absolutely necessary, 

3900 through all their lands, to any company or corporation which 

3901 shall be duly authorized by Congress to construct a railroad 

3902 from any point north to any part south, and from any point east 

3903 to any point w r est of, and which may pass through, the Cherokee 

3904 Nation. Said company or corporation, and their employes and 

3905 laborers, while constructing and repairing the same, and in 

3906 operating said road or roads, including all necessary agents on 

3907 the line, at stations, switches, water- tanks, and all others neces- 

3908 sary to the successful operation of a railroad,' shall be protected 

3909 in the discharge of their duties, and at all times subject to the 

12 i t 



90 



3910 Indian intercourse laws, now or which may hereafter be enacted 

3911 and be in force in the Cherokee Nation. 

3912 Article 12. The Cherokees agree that a general council, 

3913 consisting of delegates elected by each nation or tribe lawfully 

3914 residing within the Indian Territory, may be annually convened 

3915 in said Territory, which council shall be organized in such man- 

3916 ner and possess such powers as hereinafter prescribed. 

3917 First. After the ratification of this treaty, and as soon as 

3918 may be deemed practicable by the Secretary of the Interior, and 

3919 prior to the first session of said council, a census or enumeration 

3920 of each tribe lawfully resident in said Territory shall be taken 

3921 under the direction of the Commissioner of Indian Affairs, who 

3922 for that purpose is hereby authorized to designate and appoint 

3923 competent persons, whose compensation shall be fixed by the 
3921 Secretary of the Interior, and paid by the United States. 

3925 Second. The first general council shall consist of one mem- 

3926 ber from each tribe, and an additional member for each one 

3927 thousand Indians, or each fraction of a thousand greater than 

3928 five hundred, being members of any tribe lawfully resident in 

3929 said Territory, and shall be selected by said tribes respectively? 

3930 who may assent to the establishment of said general council ; 

3931 and if none should be thus formally selected by any nation or 

3932 tribe so assenting, the said nation or tribe shall be represented 

3933 in said general council by the chief or chiefs and headmen of 
3931 said tribes, to be taken in the order of their rank as recognized 

3935 in tribal usage, in the same number and proportion as above 

3936 indicated. After the said census shall have been taken and 

3937 completed, the superintendent of Indian affairs shall publish and 

3938 declare to each tribe assenting to the establishment of such 

3939 council the number of members of such council to which they 

3910 shall be entitled under the provisions of this article, and the 

3911 persons entitled to represent said tribes shall meet at such time 

3912 and place as he shall approve ; but thereafter the time and place 

3913 of the sessions of said council shall be determined by its action : 
3911 Provided, That no session in any one year shall exceed the term 

3915 of thirty days : And provided. That special sessions of said 

3916 council may be called by the Secretary of the Interior whenever 

3917 in his judgment the interest of said tribes shall require such 

3918 special session. 

3919 Third. Said general council shall have power to legislate 

3950 upon matters pertaining to the intercourse and relations of the 

3951 Indian tribes and nations and colonies of freedmen resident in 

3952 said Territory; the arrest and extradition of criminals and offend - 

3953 ers escaping from one tribe to another, or into any commuinty 

3954 of freedmen; the administration of justice between members of 

3955 different tribes of said Territory and persons other than Indians 



91 



S956 and members of said tribes or nations; and the common defence 

3957 and safety of the nations of said Territory. 

3958 All laws enacted by such council shall take effect at such 

3959 time as may therein be provided, unless suspended by direct ion 

3960 of the President of the United States. No law shall be enacted 
3901 inconsistent with the Constitution of the United States, or Laws 

3962 of Congress, or existing treaty stipulations with the Unite* I 

3963 States. Nor shall said council legislate upon matters other than 

3964 those above indicated: Provided, however, That the legislative 

3965 power of such general council may be enlarged by the consent 

3966 of the national council of each nation or tribe assenting to its 

3967 establishment, with the approval of the President of the United 

3968 States. 

3969 Fourth. Said council shall be presided over by such person 

3970 as may be designated by the Secretary of the Interior. 

3971 Fifth. The council shall elect a secretary, whose duty it 

3972 shall be to keep an accurate record of all the proceedings of said 

3973 council, and who shall transmit a true copy of all such proceed- 
3971 ings, duly certified by the presiding officer of such council, to 

3975 the Secretary of the Interior, and to each tribe or nation repre. 

3976 sented in said council, immediately after the sessions of said 

3977 council shall terminate. He shall be paid out of the Treasury of 

3978 the United States an annual salary of five hundred dollars. 

3979 Sixth. The members of said council shall be paid by the 

3980 United States the sum of four dollars per diem during the term 

3981 actually in attendance on the sessions of said council, and at the 

3982 rate of four dollars for every twenty miles necessarily travelled 

3983 \>y them in going from and returning to their homes, respectively, 
3981 from said council, to be certified by the secretary and president 

3985 of the said council. 

3986 Article 13. The Cherokees also agree that a court or courts 

3987 may be established by the United States in said Territory, with 

3988 such jurisdiction and organized in such manner as may be pre- 

3989 scribed by law: Provided, That the judicial tribunals of the 

3990 nation shall be allowed to retain exclusive jurisdiction in all 

3991 civil and criminal cases arising within their country in which 

3992 members of the nation, by nativity or adoption, shall be the 

3993 only parties, or where the cause of action shall arise in the 

3994 Cherokee Nation, except as otherwise provided in this treaty. 

3995 Article 14. The right to the use and occupancy of a quan- 

3996 tity of land not exceeding one hundred and sixty acres, to be se- 

3997 lected according to legal subdivisions in one body, and to include 

3998 their improvements, and not including the improvements of any 

3999 member of the Cherokee Nation, is hereby granted to every so- 

4000 ciety or denomination which has erected, or which with the con- 

4001 sent of the national council may hereafter erect, buildings within 



92 



4002 the Cherokee country for missionary or educational purposes. 

4003 But no laud thus granted, nor buildings which have been or may 

4004 be erected thereon, shall ever be sold or [otherwise disposed of 

4005 except with the consent and approval of the Cherokee national 

4006 council aud the Secretary of the In terior. And whenever 

4007 any such lands or buildings shall be sold or disposed of. the pro- 
400S ceeds thereof shall be applied by said society or societies for 

4009 like purposes within said nation, subject to the approval of the 

4010 Secretary of the Interior. 

4011 Akticle 15. The United States may settle any civilized 

4012 Indians, friendly with the Cherokees and adjacent tribes, within 

4013 the Cherokee country, on unoccupied lands east of 96P, on such 

4014 terms as may be agreed upon by any such tribe and the Chero- 

4015 kees, subject to the approval of the President of the United 

4016 States, which shall be consistent with the following provisions. 

4017 viz : Should any such tribe or band of Indians settling in said 

4018 country abandon their tribal organization, there being first paid 

4019 into the Cherokee national fund a sum of money which shall 

4020 sustain the same proportion to the then existing national fund 

4021 that the number of Indians sustain to the whole number of 

4022 Cherokees then residing in the Cherokee country, they shall be 

4023 incorporated into and ever after remain a part of the Cherokee 

4024 Nation, on equal terms in every respect with native citizens 

4025 Aud should any such tribe, thus settling in said country, decide 

4026 to preserve their tribal organizations, and to maintain their 

4027 tribal laws, customs, and usages, not inconsistent with the con- 

4028 stitution and laws of the Cherokee Nation, they shall have a dis- 

4029 trict of country set off for their use by metes and bounds equal 

4030 to one hundred and sixty acres, if they should so decide, for 

4031 each man, woman and child of said tribe, and shall pay for the 

4032 same into the national fund such price as may be agreed on by 

4033 them and the Cherokee Nation, subject to the approval of the 

4034 President of the United States, and in cases of disagreement 

4035 the price to be fixed by the President. 

4036 And the said tribe thus settled shall also pay into the 

4037 national fund a sum of money, to be agreed on by the respective 
403S parties, not greater in proportion to the whole existing national 

4039 fund and the probable proceeds of the lands herein ceded or au- 

4040 thorized to be ceded or sold than their numbers bear to the 

4041 whole number of Cherokees then residing in said country, aud 

4042 thence afterwards they shall enjoy all the rights of native Cher- 

4043 okees. But no Indians who have no tribal organizations, or 

4044 who shall determine to abandon their tribal organizations, shall 

4045 be permitted to settle east of the 96° of longitude without the 

4046 consent of the Cherokee national council, or of a delegation 

4047 duly appointed by it. being first obtained. And no Indians 



93 



4048 who have and determine to preserve their tribal organizations 

4049 shall be permitted to settle, as herein provided, east of the 9G~ of 

4050 longitude without such consent being first obtained, unless the 

4051 President of the United States, after a full hearing of the ob- 

4052 jections offered by said council or delegation to such settlement, 

4053 shall determine that the objections are insufficient; in which 

4054 case he may authorize the settlement of such tribe east of the 

4055 98^ of longitude. 

4056 Article 16. The United States may settle friendly Indians 

4057 in any part of the Cherokee country west of 96°, to be taken in 

4058 a compact form in quantity not exceeding one hundred and 

4059 sixty acres for each member of each of said tribes thus to be 

4060 settled ; the boundaries of each of said districts to be distinctly 

4061 marked, and the land conveyed in fee-simple to each of said 

4062 tribes to be held in common or by their members in severalty as 

4063 the United States may decide. 

4064 Said lands thus disposed of to be paid for to the Cherokee 

4065 Xation at such price as may be agreed on between the said par- 

4066 ties in interest, subject to the approval of the President ; and 

4067 if they should not agree, then the price to be fixed by the Pres- 

4068 ident. 

4069 The Cherokee Nation to retain the right of possession of 

4070 and jurisdiction over all of said country west of 96° of longi- 

4071 tude until thus sold and occupied, after which their jurisdiction 

4072 and right of possession to terminate forever as to each of said 

4073 districts thus sold and occupied. 

4074 Article 17. The Cherokee Nation hereby cedes, in trust to 

4075 theUnited States, the tract of land in the State of Kansas which 

4076 was sold to the Cherokees by the United States, under the pro- 

4077 visions of the second article of the treaty of 1835 ; and also 

4078 that strip of the land ceded to the nation by the fourth article 

4079 of said treaty which is included in the State of Kansas, and 

4080 the Cherokees consent that said lands may be included in the 

4081 limits and jurisdiction of the said State. 

4082 The lands herein ceded shall be surveyed as the public- lands 

4083 of the United States are surveyed, under the direction of the 

4084 Commissioner of the General Land-Office, and shall be appraised 

4085 by two disinterested persons, one to be designated by the Cher- 

4086 okee national council and one by the Secretary of the Interior, 

4087 and, in case of disagreement, by a third person, to be mutually 

4088 selected by the aforesaid appraisers. The appraisement to be 

4089 not less than an average of one dollar and a quarter per acre, 

4090 exclusive of improvements. 

4091 And the Secretary of the Interior shall, from time to time. 

4092 as such surveys and appraisements are approved by him. after 

4093 due advertisements for sealed bids, sell such lands to the high- 



94 



4094 est bidders for cash, in parcels not exceeding one hundred and 

4095 sixty acres, and at not less than the appraised value : Provided, 

4096 That whenever there are improvements of the value of fifty dollars 

4097 made on the lands not being mineral, and owned and personally 

4098 occupied by any person for agricultural purposes at the date of 

4099 the signing hereof, such person so owning, and in person resid- 

4100 ing on such improvements, shall, after due proof, made under 

4101 such regulations as the Secretary of the Interior may prescribe, 

4102 be entitled to buy, at the appraised value, the smallest quantity of 

4103 laud in legal subdivisions, which will include his improvements, 

4104 not exceeding in the aggregate one hundred and sixty acres ; the 

4105 expenses of survey and appraisement to be paid by the Secre- 

4106 tary out of the proceeds of sale of said land : Provided, That 

4107 nothing in this article shall prevent the Secretary of the Interior 

4108 from selling the whole of said lands not occeupiecl by actual set- 

4109 tiers at the date of the ratification of this treaty, not exceeding 

4110 one hundred and sixty acres to each person entitled topre-emp- 

4111 tion under the pre-emption laws of the United States, in a body, 

4112 to any responsible party, for cash, for a sum not less than one 

4113 dollar per acre. 

4114 Article 18. That any lands owned by the Cherokees in the 

4115 State of Arkansas, and in States east of the Mississippi, may 

4116 be sold by the Cherokee Nation in such manner as their national 

4117 council may prescribe, all such sales being first approved by the 

4118 Secretary of the Interior. 

4119 Article 19. All Cherokees being heads of families residing 

4120 at the date of the ratification of this treaty on any of the lands 

4121 herein ceded, or authorized to be sold, and desiring to remove to 

4122 the reserved country, shall be paid by the purchasers of said 

4123 lands the value of such improvements, to be ascertained and 

4124 appraised by the commissioners who appraise the lands, subject 

4125 to the approval of the Secretary of the Interior; and if he shall 

4126 elect to remain on the land now occupied by him, shall be enti- 

4127 tied to receive a patent from the United States in fee-simple for 

4128 three hundred and twenty acres of lancl,.to include his improve- 

4129 ments, and thereupon he and his family shall cease to be mem- 

4130 bers of the nation. 

4131 And the Secretary of the Interior shall also be authorized 

4132 to pay the reasonable costs and expenses of the delegates of the 

4133 southern Cherokees. 

4134 The moneys to be paid under this article shall be paid out 

4135 of the proceeds of the sales of the national lands in Kansas. 

4136 Article 20. Whenever the Cherokee national council shall 

4137 request it, the Secretary of the Interior shall cause the country 

4138 reserved for the Cherokees to be surveyed and allotted among 

4139 them, at the expense of the United States. 



95 



4140 Article 21. It being difficult to learn the precise boundary 

4141 line between tlie Cherokee country and the States of Arkansas, 

4142 Missouri, and Kansas, it is agreed that the United States shall, 

4143 at its own expense, cause the same to be run as far west as the 

4144 Arkansas, and marked by permanent and conspicuous monu- 

4145 ments, by two commissioners, one of whom shall be designated 

4146 by the Cherokee national council. 

4147 Article 22. The Cherokee national council, or any duly 

4148 appointed delegation thereof, shall have the privilege to appoint 

4149 an agent to examine the accounts of the nation with the 

4150 Government of the United States, at such time as they may 

4151 see proper, and to continue or discharge such agent, and to ap- 

4152 point another, as may be thought best by such council or dele- 

4153 gation; and such agent shall have free access to all accounts 

4154 and books in the executive departments relating to the business 

4155 of said Cherokee Nation, and an opportunity to examine the 

4156 same in the presence of the officer having such books and pa- 

4157 pers in charge. 

4158 Article 23. All funds now due the nation, or that may 

4159 hereafter accrue from the sale of their lands by the United 

4160 States, as hereinbefore provided for, shall be invested in the 

4161 United States registered stocks at their current value, and the 

4162 interest on all said funds shall be paid semi-annually, on the 

4163 order of the Cherokee Nation, and shall be applied to the fol- 

4164 lowing purposes, to wit: Thirty -five per cent, shall be applied 

4165 for the support of the common-schools of the nation and educa- 

4166 tional purposes ; fifteen per cent, for the orphan fund, and fifty 

4167 per cent, for general purposes, including reasonable salaries of 

4168 district officers; and the Secretary of the Interior, with the ap- 

4169 proval of the President of the United States, may pay out of 

4170 the funds clue the nation, on the order of the national council 

4171 or a delegation duly authorized by it, such amount as he may 

4172 deem necessary to meet outstanding obligations of the Cherokee 

4173 Nation, caused by the suspension of the payment of their annu- 

4174 ities, not to exceed the sum of one hundred and fifty thousand 

4175 dollars. 

4176 Article 24. As a slight testimony for the useful and ardu- 

4177 ous services of the Rev. Evan Jones, for forty years a mission- 

4178 ary in the Cherokee Nation, now a cripple, old and poor, it is 

4179 agreed that the sum of three thousand dollars be paid to him, 

4180 under the direction of the Secretary of the Interior, out of any 

4181 Cherokee fund in or to come into his hands not otherwise appro- 

4182 priated. 

4183 Article 25. A large number of the Cherokees who served 

4184 in the Army of the United States having died, leaving no heirs 

4185 ' entitled to receive bounties and arrears of pay on account of 



96 



4186 such service, it is agreed that all bounties and arrears for ser- 

4187 vice in the regiments of Indian United States volunteers which 

4188 shall remain unclaimed by any person legally entitled to receive 

4189 the same for two years from the ratification of this treaty, shall 

4190 be paid as the national council may direct, to be applied to the 

4191 foundation and support of an asylum for the education of orphan 

4192 children, which asylum shall be under the control of the national 

4193 council, or of such benevolent society as said council may desig- 

4194 nate, subject to the approval of the Secretary of the Interior. 

4195 Article 26. The United States guarantee to the people of 

4196 the Cherokee Nation the quiet and peaceable possession of their 

4197 country and protection against domestic feuds and insurrec- 

4198 tions, and against hostilities of other tribes. They shall also 

4199 be protected against interruptions or intrusion from all un- 

4200 authorized citizens of the United States who may attempt 

4201 to settle on their lands or reside in their territory. In case of 

4202 hostilities among the Indian tribes, the United States agree that 

4203 the party or parties commencing the same shall, so far as prac- 

4204 ticable, make reparation for the damages done. 

4205 Article 27. The United States shall have the right to es- 

4206 tabiish one or more military posts or stations in the Cherokee 

4207 Nation, as may be deemed necessary for the proper protection 

4208 of the citizens of the United States lawfully residing therein and 

4209 the Cherokees and other citizens of the Indian country. Bat 

4210 no sutler or other person connected therewith, either in or out 

4211 of the military organization, shall be permitted to introduce any 

4212 spirit[u]ous, vinous, or malt liquors into the Cherokee Nation, 

4213 except the medical department proper, and by them only for 

4214 strictly medical purposes. And all persons' not in the military 

4215 service of the United States, not citizens of the Cherokee Nation, 

4216 are to be prohibited from coming into the Cherokee Nation, or 

4217 remaining in the same, except as herein otherwise provided ; 

4218 and it is the duty of the United States Indian agent for the 

4219 Cherokees to have" such persons, not lawfully residing or sojourn- 

4220 ing therein, removed from the nation, as they now are, or here- 

4221 after may be, required by the Indian intercourse laws of the 

4222 United States. 

4223 Article 28. The United States hereby agree to pay for 

4224 provisions and clothing furnished the army under Appothole- 

4225 hala in the winter of 1861 and 1862, not to exceed the sum of 

4226 ten thousand dollars, the accounts to be ascertained and settled 

4227 by the Secretary of the Interior. 

4228 Article 29. The sum of ten thousand dollars, or so much 

4229 thereof as may be necessary to pay the expenses of the dele- 

4230 gates and representatives of the Cherokees invited by the Gov- 

4231 ernment to visit Washington for the purposes of making this 



07 

4232 treaty, .shall be paid by the United States on the ratification of 

4233 this treaty. 

4234 Article 30. The United States agree to pay to the proper 

4235 claimants all losses of property by missionaries or missionary 
423G societies, resulting from their being ordered or driven from the 

4237 country by United States agents, and from their property being 

4238 taken and occupied or destroyed by by United States troops, not 

4239 exceeding in the aggregate twenty thousand dollars, to be ascer- 

4240 tained by the Secretary of the Interior. 

4241 Article 31. All provisions of treaties heretofore ratified 

4242 and in force, and not inconsistent with the provisions of this 

4243 treaty, are hereby re-affirmed and declared to be in full force ; 

4244 and nothing herein shall be construed as an acknowledgment 

4245 by the United States, or as a relinquishment by the Cherokee 
4240 Xation of any claims or demands under the guarantees of former 

4247 treaties, except as herein expressly provided. 

4248 Proclaimed July 10, 18GG. 

4249 Supplemental article to the treaty of July 19, 18GG, between the 

4250 United States of America and the Cherokee Nation of Indians. 

4251 concluded April 27, 186S ; ratifications advised June G. 18G8: 

4252 proclaimed June 10, 1868. 

4253 Andrew Johxsox, President of the United States of America, 

4254 to all and singular to whom these presents shall come, 

4255 greeting: 

425G Whereas to a treaty concluded at the city of Washington, 

4257 in the District of Columbia, on the nineteenth day of July, in 

4258 the year of our Lord one thousand eight hundred and sixty-six, 

4259 between the United States of America and the Cherokee Nation 

4260 of Indians, through their respective representatives, a supple- 

4261 mental article was made and concluded at the city of Washing- 

4262 ton, in the District of Columbia, on the twenty-seventh day of 

4263 April, in the year of our Lord one thousand eight hundred and 

4264 sixty-eight, by and between Nathaniel G-. Taylor, commissioner. 

4265 on the part of the United States, and Lewis Downing, H. D. 

4266 Eeese, Samuel Smith, Win. P. Adair, J. P. Davis, Elias C. Bon- 

4267 dinot, J. A. Scales, and Arch. Scraper, delegates of the said 

4268 Cherokee Xation of Indians, on the part of said Indians, and 

4269 duly authorized thereto by them, which supplemental article of 

4270 treaty is in the words and figures following, to wit: 

4271 Supplemental article to a treaty concluded at Washington City. 

4272 July 19th, A. D. 1866 ; ratified with amendments July 27th, 

4273 A. D. 1866; amendments accepted July 31st, A. D. 1S66 ; 

4274 and the whole proclaimed August 11th, A. D. 1866, between 

13 I T 



98 



4275 the United States of America and the Cherokee Nation of 

4276 Indians. 

4277 Whereas under the provisions of the seventeenth article of 

4278 a treaty and amendments thereto made between the United 
4270 States and the Cherokee Nation of Indians, and proclaimed 

4280 August 11th, A. D. 1866, a contract was made and entered into 

4281 by James Harlan, Secretary of the Interior, on behalf of the 

4282 United States, of the one part, and by the American Emigrant 

4283 Company, a corporation chartered and existing under the laws 

4284 of the State of Connecticut, of the other part, dated August 

4285 30th, A. D. 1866, for the sale of the so-called " Cherokee neu- 

4286 tral lands," in the State of Kansas, containing eight hundred 

4287 thousand acres, more or less, with the limitations and restric- 

4288 tions set forth in the said seventeenth article of said treaty as 

4289 amended, on the terms and conditions therein mentioned, which 

4290 contract is now on file in the Department of the Interior ; and 

4291 Whereas Orville H. Browning, Secretary of the Interior, 

4292 regarding said sale as illegal and not in conformity with 

4293 said treaty and amendments thereto, did, on the ninth day of 

4294 October, A. D. 1867, for and in behalf of the United States. 

4295 enter into a contract with James F. Joy, of the city of Detroit, 

4296 Michigan, for the sale of the aforesaid lands on the terms and 

4297 conditions in said contract set forth, and which is on file in the 

4298 Department of the Interior ; and 

4299 Whereas, for the purpose of enabling the Secretary of the 

4300 Interior, as trustee for the Cherokee Nation of Indians, to 

4301 collect the proceeds of sales of said lands and invest the same 

4302 for the benefit of said Indians, and for the purpose of prevent- 

4303 ing litigation and of harmonizing the conflicting interests of the 

4304 said American Emigrant Company and of the said James F. 

4305 Joy, it is the desire of all the parties in interest that the said 

4306 American Emigrant Company shall assign their said contract and 

4307 all their right, title, claim, and interest in and to the said " Cher- 

4308 okee neutral lands" to the said James F. Joy, and that the said 

4309 Joy shall assume and conform to all the obligations of said com- 

4310 pany under their said contract, as hereinafter modified : 

4311 It is, therefore, agreed, by and between Nathaniel G. Taylor, 

4312 eommissioner on the part of the United States of America, and 

4313 Lewis Downing, H. D. Beese, Wm. P. Adair, Elias C. JBoudinot, 

4314 J. A. Scales, Archie Scraper, J. Porum Davis, and Samuel Smith, 

4315 commissioners on the part of the Cherokee Nation of Indians, 

4316 that an assignment of the contract made and entered into on the 

4317 30th day of August, A. D. 1866, by and between James Harlan, 

4318 Secretary of the Interior, for and in behalf of the United States 

4319 of America, of the one part, and the American Emigrant Corn- 

4320 pany, a corporation chartered and existing under the laws of the 



99 



4321 State of Connecticut, of tlie other part, and now on file in the 

4322 Department of the Interior, to James P. Joy, of the city of I><- 

4323 troit, Michigan, shall be made ; and that said contract , as herein 

4324 after modified, be and the same is hereby, with the consent of 

4325 all parties, re-affirmed and declared valid ; and that the contract 

4326 entered into by and between Orville H. Browning, for and in 

4327 behalf of the United States, of the one part, and James F. Joy, 

4328 of the city of Detroit, Michigan, of the other part, on the Oth 

4329 day of October, A. D. 1867, and now on file in the Department 

4330 of the Interior, shall be relinquished and cancelled by the said 

4331 James F. Joy, or his duly authorized agent or attorney ; and the 

4332 said first contract as hereinafter modified, and the assignment 

4333 of the first contract, and the relinquishment of the second con- 

4334 tract, are hereby ratified and confirmed, whenever said assign - 

4335 ment of the first contract and the relinquishment of the second 

4336 shall be entered of record in the Department of the Interior, and 

4337 when the said James F. Joy shall have accepted said assignment 

4338 and shall have entered into a contract with the Secretary of the 

4339 Interior to assume and perform all obligations of the said 

4340 American Emigrant Company under said first-named contract, 

4341 as hereinafter modified. 

4342 The modifications hereinbefore mentioned of said contract 

4343 are hereby declared to be— 

4344 1. That within ten days from the ratification of this supple- 

4345 mental article the sum of seventy-five thousand dollars shall be 

4346 paid to the Secretary of the Interior as trustee for the Cherokee 

4347 Nation of Indians. 

4348 2. That the other deferred payments specified in said eon- 

4349 tract shall be paid when they respectively fall due, with interest 

4350 only from the date of the ratification hereof. 

4351 It is further agreed and distinctly understood that, under 

4352 the conveyance of the " Cherokee neutral lands " to the said 

4353 American Emigrant Company, "with all beneficial interests 

4354 therein,* 7 as set forth in said contract, the said company and 

4355 their assignees shall take only the residue of said lauds after 

4356 securing to " actual settlers'* the lands to which they are entitled 

4357 under the provisions of the seventeenth article and amendments 

4358 thereto of the said Cherokee treaty of August 11th, 1866 ; aud 

4359 that the proceeds of the sales of said lands, so occupied at the 

4360 date of said treaty by u actual settlers,' 7 shall enure to the sole 

4361 benefit of, and be retained by, the Secretary of the Interior as 

4362 trustee for the said Cherokee Nation of Indians. 

4363 Proclaimed April 27, 1868. 



100 



4364 CREEKS. 

4365 A treaty of peace and friendship, made and concluded between the 

4366 President of the United States of America, on the part and be- 

4367 half of the said States, and the undersigned Kings, Chiefs, and 

4368 Warriors of the Creek Nation of Indians, on the part and behalf 

4369 of the said Nation. 

4370 The parties being desirous of establishing permanent peace 

4371 and friendship between the United States and the sai l Creek 

4372 Nation, and the citizens and members thereof, and to remove the 

4373 causes of war by ascertaining their limits, and making other 

4374 necessary, just, and friendly arrangements: the President of the 

4375 United States, by Henry Knox, Secretary for the Department of 

4376 War, whom he hath constituted with full powers for these pur- 

4377 poses, by and with the advice and consent of the Senate of the 

4378 United States, and the Creek Nation, by the undersigned Kings, 

4379 Chiefs, and Warriors, representing the said nation, have agreed 

4380 to the following articles. 

4381 Article 4. * * * the United States will cause the sum 

4382 of one thousand and five hundred dollars to be paid annually to 

4383 the said Creek Nation. 

4384 Proclaimed August 13, 1790. 

4385 N. B. The other portions of this treaty are suppressed by 

4386 that of August 7, 1856. (See page 113.) 



4387 A treaty of limits between the United States of America and the 

4388 Creek Nation of Indians. 

4389 Thomas Jefferson, President of the United States of Amer- 

4390 ica, by James Wilkinson, of the State of Maryland, Brigadier-Gen- 

4391 eralinthe Army of the United States, Benjamin Hawkins, of North 

4392 Carolina, and Andre w Pickens, of South Carolina, Commissioners 

4393 Plenipotentiary of the United States, on the one part, and the 

4394 Kings, Chiefs, Head-Men and Warriors of the Creek Nation, in 

4395 council assembled, on the other part, have entered into the fol- 

4396 lowing articles and conditions, viz: 

4397 Article 2. The Commissioners of the United States,for and in 

4398 consideration of the foregoing concession on the part of the Creek 

4399 Nation, and in full satisfaction for the same, do hereby covenant 

4400 and agree with the said nation, in behalf of the United States, 

4401 that the said States shall pay to the said nation, annually, and 

4402 every year, the sum of three thousand dollars. * * * 

4403 Proclaimed January 11, 1803. 

4404 N. B. The other portions of this treaty are superseded by that 

4405 of August 7, 1856. (See page 113.) 



101 



HOG Articles of a treaty made at the City of Washington, this twenty- 

4407 fourth day of January, one thousand eight hundred and twenty- 

4408 six, beticeen James Barbour, Secretary of War, thereto specially 

4409 authorized by the President of the United States, and the under- 

4410 signed, Chiefs and Head-Men of the GreelcNation of Indians, who 

4411 have received full power from the said nation to conclude and ar- 

4412 range all the ma tters herein provided for. 

4413 Article 4. The United States agree to pay to the said nation 

4414 an additional perpetual annuity of twenty thousand dollars. 

4415 Proclaimed January 24, 182G. 

441G N. B. The othep portions of this treaty are superseded by 

4417 that of August 7, 185G. (See page 113.) 

4418 Articles of a treaty made at the City of Washington beticeen Lewis 

4419 Cass, thereto specially authorized by the President of the United 
4120 States, and the Creek tribe of Indians. 

4421 Article 1. The Creek tribe of Indians cede to the United 

4422 States all their land east of the Mississippi JKiver. 

4423 Article 2. The United States engage to survey the said land 

4424 as soon as the same can be conveniently done, after the ratiflea- 

4425 tion of this treaty, and when the same is surveyed to allow ninety 
442G principal chiefs of the Creek tribe to select one section each, and 

4427 every other head of a Creek family to select one-half section each, 

4428 which tracts shall be reserved from sale for their use for the term 

4429 of live years, unless sooner disposed of by them. A census of 

4430 these persons shall he taken under the direction of the President, 

4431 and the selections shall be made so as to include the improve- 

4432 ments of each person within his selection, if the same can be so 

4433 made, and if not, then all the persons belonging to the same town , 

4434 entitled to selections, and who cannot make the same, so as to 

4435 include their improvements, shall take them in one body in a 
443G proper form. And twenty sections shall be selected, under the 

4437 direction of the President, for the orphan children of the Creeks, 

4438 and divided, and retained or sold for their benefit as the Presi- 

4439 dent may direct. Provided, however, that no selections or loca- 

4440 tions under this treaty shall be so made as to include the agency 

4441 reserve. 

4442 Article 3. These tracts may be conveyed by the persons 

4443 selecting the same to any other persons for a fair consideration, 

4444 in such manner as the President may direct. The contract shall 

4445 be certified by some person appointed for that purpose by the 
444G President, but shall not be valid till the President approves the 

4447 same. A title shall be given by the United States on the com- 

4448 pletion of the payment. 



102 



4449 Article 4. At the end of five years, all the Creeks entitled 

4450 to these selections, and desirous of remaining, shall receive pat- 

4451 ents therefor, in fee-simple, from the United States. 

4452 Article 13. There shall also be given to each emigrating 

4453 warrior a rifle, moulds, wiper,, and ammunition, and to each 

4454 family one blanket. Three thousand dollars, to be expended as 

4455 the President may direct, shall be allowed for the term of twenty 
445G years for teaching their children. As soon as half their people 

4457 emigrate, one blacksmith shall be allowed them, and another 

4458 when two-thirds emigrate, together with one ton of iron and two 

4459 hundred weight of steel annually for each blacksmith. These 

4460 blacksmiths shall be supported for twenty years. 

44C1 Article 14. The Creek country west of the Mississippi shall 

4462 be solemnly guarantied to the Creek Indians, nor shall any State 

4463 or Territory ever have a right to pass laws for the government 

4464 of such Indians, but they shall be allowed to govern themselves, 

4465 * so far as may be compatible with the general jurisdiction which 

4466 Congress may think proper to exercise over them. And the 

4467 United States will also defend them from the unjust hostilities 

4468 of other Indians, and will also, as soon as the boundaries of the 

4469 Creek country west of the Mississippi are ascertained, cause a 

4470 patent or grant to be executed to the Creek tribe, agreeably to 

4471 the 3d section of the' act of Congress of May 2d, [28,] 1830, en- 

4472 titled "An act to provide for an exchange of lands with the In- 

4473 dians residing in any of the States or Territories, and for their 

4474 removal west of the Mississippi." 

4475 Proclaimed April 4, 1832. 

4476 N. B. — The other portions of this treaty are superseded by 

4477 that of August 7, 1856. (See page 113.) 



4478 Articles of agreement and convention made and concluded at Fort 

4479 Gibson, oetween Montfort Stokes, Henry L. Ellsworth, and 

4480 John F. Schermerhorn, commissioners on the part of the 

4481 United States, and the undersigned chiefs and head-men of the 

4482 • Muskogee or Creek Nation of Indians, this lWi day of Fehru- 

4483 ary, A. D. 1833. 

4484 Article 2. The United States hereby agree, by and with 

4485 the consent of the Creek and Cherokee delegates, this day ob- 

4486 tained, that the Muskogee or Creek country west of the Missis- 

4487 sippi, shall be embraced within the following boundaries, viz : 

4488 Beginning at the mouth of the north fork of the Canadian Eiver, 

4489 and run northerly four miles ; thence running a straight line so 

4490 as to meet a line drawn from the south bank of the Arkansas 

4491 Eiver, opposite to the east or lower bank of Grand Eiver, at its 

4492 junction with the Arkansas, and which runs a course south, 44 



103 



4493 deg. west, one mile, to a post placed in the ground; thence 

4494 along said line to the Arkansas, and np the same and the Verdi- 

1495 gris River, to where the old territorial line crosses it; thence 

1496 along said line north to a point twenty-five miles from the Ar- 

4497 kansas River, where the old territorial line crosses the same ; 

4498 thence running a line at right angles with the territorial line 

4499 aforesaid, or west, to the Mexico line ; thence along the said line 

4500 southerly to the Canadian River, or to the boundary of the Choc- 

4501 taw country; thence down said river to the place of beginning. 
1502 The lines, hereby defining the country of the Muskogee Indians 

4503 on the north and east, bound the country of the Oherokees along 

4504 these courses, as settled by the treaty concluded this day be- 

4505 tween the United States and that tribe. 

450G Article 3. The United States will grant a patent, in fee- 

4507 simple, to the Creek Nation of Indians for the land assigned 

4508 said nation by this treaty or convention, whenever the same 

4509 shall have been ratified by the President and Senate of the Un i ted 

4510 States; and the right thus guaranteed by the United States 

4511 shall be continued to said tribe of Indians, so long as they shall 

4512 exist as a nation, and continue to occupy the country hereby 

4513 assigned them. 

4514 Article 5. As an evidence of the kind feeling of the United 

4515 States toward the Muscogee Indians, and as a testimonial of the 

4516 | their] gratification with the present amicable and satisfactory 

4517 adjustment of their difficulties with the Cherokees, experienced 
4518* by the commissioners, they agree, on behalf of the United States, 

4519 to furnish to the Creek Indians, west of the Mississippi, one 

4520 blacksmith and one wheelwright or wagon maker, as soon as 

4521 they may be required by the nation, in addition to those already 

4522 employed ; also to erect shops and furnish tools for the same, 

4523 and supply the smith-shops with one ton of iron and two hundred 

4524 and fifty pounds of steel each ; and allow the said Creek Indians 

4525 annually, for education purposes, the sum of one thousand doj- 
452G lars, to be expended under the direction of the President of the 

4527 United States ; the whole of the above grants to be continued 

4528 so long as the President may consider them conducive to the 
1529 interest and welfare of the Creek Indians ; and the United 

4530 States will also cause to be erected, as soon as conveniently can 

4531 be done, four patent railway mills for grinding corn, and will im- 

4532 mediately purchase for them twenty-four cross-cut saws; it be- 

4533 ing distinctly understood, however, that the grants thus made 

4534 to the Creek Indians by this article are intended solely for 

4535 the use and benefit of that portion of the Creek Nation who are 

4536 now settled west of the Mississippi. 

4537 1 Proclaimed April 12, 1834. 

4538 N. B. — The other portions of this treaty are superseded by 

4539 that of 7 August, 1856. (See page 113.) 



104 



4540 Articles of a treaty made and concluded at Fort Gibson, west of 

454 L Arkansas, between Captain William Armstrong, act. super- 

4542 intendent Western Territory, and Bret. Brig. Gen. Arbuclde, 

4543 commissioners on the part of the United States and the un- 

4544 dersigned chiefs, being a fall delegation of the Creek chiefs duly 

4545 authorized and empowered by their nation to adjust u their 

4546 claims for property and improvements abandoned or lost in 

4547 consequence of their emigration west of the Mississippi? 

4548 Article 4.* * * * It is farther agreed that all the edu- 

4549 cation funds of the Creeks, including the annuities above named, 

4550 the annual allowance of one thousand dollars provided in the 

4551 treaty of 1833, and also all balances of appropriations for edu- 

4552 cation annuities that may be due from the United States, shall 

4553 be expended in their own country for the support of a manual - 

4554 labor school in the Canadian district, and of another in the Ar- 

4555 kansas district : Provided, That the President does not object to 

4556 such application of the annuities above named, granted in the 

4557 treaties of 1832 and 1833. And it is also agreed that in the 

4558 management of such school the wishes of the Creek council 

4559 shall be consulted, (a) 

4560 Proclaimed March 2, 1839. v ' 

4561 ]S". B. — The other portions of this treaty arc superseded by 

4562 that of August 7, 1856. (vSee page 113.) 

4563 Franklin Pierce, President of the United States of America, 

4564 to all persons to whom these presents shall come, greeting : 

4565 Whereas a treaty was made and concluded at the city of 

4566 Washington, on the seventh day of August, eighteen hundred 

4567 and fifty-six, between George W. Manypenny, commissioner on 

4568 the part of the United States, Tuck-a-batchee-Micco, Echo- 

4569 Harjo, Chilly Mcintosh, Benjamin Marshall, George W. Stid- 

4570 ham, and Daniel jS". Mcintosh, commissioners on the part 

4571 of the Creeks j and John Jumper, Tuste-nuc-o-chee, Pars-co-fer, 

4572 and James Factor, commissioners on the part of the Seminoles, 

4573 which treaty is in the words and figures following, viz : 

457 4 Articles of agreement and convention between the United States 

4575 and the Creek and Seminole Tribes of Indians, made and 

4576 concluded at the city of Washington the seventh day of Au- 

4577 gust, one thousand eight hundred and fifty-six, by George 

4578 W. Manypenny, commissioner on the part of the United 

4579 States, Tuck-a-batchee-Micco, Echo-Harjo, Chilly Mcintosh, 

4580 Benjamin Marshall, George W. Stidham, and Daniel K Mc- 

4581 Intosh, commissioners on the part of the Creeks ; and John 

4582 Jumper, Tuste-nuc-o-chee, Pars-co-fer, and James Factor, 

4583 commissioners on the part of the Seminoles. 



105 



4584 Whereas the convention heretofore existing between the 

4585 Creek and" Seminole tribes of Indians west of the Mississippi 

4586 River has given rise to unhappy and injurious dissensions and 

4587 controversies among- them, which render necessary a re-adjust- 

4588 ment of their relations to each other and to the United States; 

4589 and 

4590 Whereas the United States desire, by providing the Semi- 
459L noles remaining in Florida with a comfortable home wesl of the 

4592 Mississippi River, and by making a liberal and generous pro- 

4593 vision for their welfare, to induce them to emigrate and become 

4594 one people with their brethren already west, and also to afford 

4595 to all the Seminoles the means of education and civilization, and 

4596 the blessings of a regular civil government ; and 

4597 Whereas the Creek Nation and individuals thereof have, by 

4598 their delegation , brought forward and persistently urged vari ous 

4599 claims against the United States, which it is desirable shall be 

4600 finally adjusted and settled ; and 

460L . Whereas it is necessary, for the simplification and better 

4602 understanding of the relations between the United States and 

4603 said Creek and Seminole tribes of Indians, that all their sub- 

4604 sisting treaty stipulations shall, as far as practicable, be em- 

4605 bodied in one comprehensive instrument: 

4606 Now, therefore, the United States, by their commissioner, 

4607 George W. Manypenny, the Creek tribe of Indians, by their 

4608 commissioners, Tuck-a-batekee-Micco, Echo-Harjo, Chilly Mc- 

4609 Intosb, Benjamin Marshall, George W. Stidham, and Daniel 1ST. 
46L0 Mcintosh; and the Seminole tribe of Indians, by their commis- 

4611 sioners, John Jumper, Tuste-nuc-o-chee, Pars-co-fer, and James 

4612 Factor, do hereby agree and stipulate as follows, viz : 

4613 Article 1. The Creek Nation doth hereby grant, cede, and 

4614 convey to the Seminole Indians the tract of country included 

4615 within the following boundaries, viz : beginning on the Canadian 

4616 River, a few miles east of the ninety-seventh parallel of west 

4617 longitude, where Ock-hi-appo, or Pond Creek, empties into the 

4618 same; thence, clue north to the north fork of the Canadian : 

4619 thence up said north fork of the Canadian to the southern line 

4620 of the Cherokee country; thence, with that line, west, to the 

4621 oue hundredth parallel of west longitude; thence, south along 

4622 said parallel of longitude to the Canadian River, and thence 

4623 down and with that river to the place of beginning. 

4624 Article 2. The following shall constitute and remain the 

4625 boundaries of the Creek country, viz: beginning at the mouth 

4626 of tl " fork of the Canadian River, and running northerly 

4627 four ce running a straight line so as to meet a line 

4628 drai south bank of the Arkansas River, opposite to 

4629 the r bank of Grand River, at its junction with the 



106 



4630 Arkansas, and which runs a course south, forty-four degrees 

4631 west, one mile, to a post placed in the ground ; thence along 

4632 said line to the Arkansas and up the same and the Verdigris 

4633 River, to where the old territorial line crosses it ; thence along said 

4634 line, north, to a point twenty-five miles from the Arkansas River, 

4635 where the old territorial line crosses the same ; thence running 

4636 west with the southern line of the Cherokee country, to the 

4637 north fork of the Canadian River, where the boundary of the 

4638 cession to the Seminoles defined in the preceding article first 

4639 strikes said Cherokee line ; thence down said north fork, to 

4640 where the eastern boundary -line of the said cession to the Semi- 

4641 noles strikes the same ; thence, with that line, due south to the 

4642 Canadian River, at the mouth of the Ock-hi-appo, or Pond 

4643 Creek ; and thence down said Canadian River to the place of 

4644 beginning. 

4645 Article 3. The United States do hereby solemnly guaran- 

4646 tee to the Seminole Indians the tract of country ceded to them 

4647 by the first article of this convention ; and to the Creek Indians, 

4648 the lands included within the boundaries defined in the second 

4649 article hereof $ and likewise that the same shall respectively be 

4650 secured to and held by said Indians by the same title and tenure 

4651 by which they were guaranteed and secured to the Creek Nation 

4652 by the fourteenth article of the treaty of March twenty-fourth, 

4653 eighteen hundred and thirty-two, the third article of the treaty 

4654 of February fourteenth, eighteen hundred and thirty-three, and 

4655 by the letters-patent issued to the said Creek Nation, on the 

4656 eleventh day of August, eighteen hundred and fifty-two, and re- 

4657 corded in volume four of records of Indian deeds in the Office of 

4658 Indian Affairs, pages 446 and 447 : Provided, however, That no 

4659 part of the tract of country so ceded to the Seminole Indians 

4660 shall ever be sold, or otherwise disposed of without the consent 
46 Gl of both tribes legally given. 

4662 Article 4. The United States do hereby solemnly agree 

4663 and bind themselves, that no State or Territory shall ever pass 

4664 laws for the government of the Creek or Seminole tribes of In- 

4665 dians, and that no portion of either of the tracts of country de- 

4666 fined in the first and second articles of this agreement shall ever 

4667 be embraced or included within, or annexed to, any Territory or 

4668 State, nor shall either, or any part of either, ever be erected 

4669 into a Territory without the full and free consent of the legisla- 

4670 five authority of the tribe owning the same. 

4671 Article 5. The Creek Indians do hereby absolutely and 

4672 forever quit-claim and relinquish to the United States all their 

4673 right, title, and interest in and to any lands heretofore owned or 

4674 claimed by them, whether east or west of the Mississippi River, 

4675 and any and all claim for or on account of any such lands, ex- 



107 



4676 cept those embraced within the boundaries described in tie 

4677 second article of this agreement; and it doth also, in like man- 

4678 ner, release and fully discharge the United States from all other 

4679 claims and demands whatsoever, which the Creek Nation or any 

4680 individuals thereof may now have against the United States, 

4681 excepting only such as are particularly or in terms provided for 

4682 and secured to them by the provisions of existing treaties and 

4683 laws; and which are as follows, viz: permanent annuities in 

4684 money amounting to twenty-four thousand five hundred dollars. 

4685 secured to them by the fourth article of the treaty of seventh 

4686 August, seventeen hundred and ninety, the second article of the 

4687 treaty of June sixteenth, eighteen hundred and two, and the 

4688 fourth article of the treaty of January twenty-fourth, eighteen 

4689 hundred and twenty-six ; permanent provision for a wheelwright, 

4690 for a blacksmith and assistant ; blacksmith-shop and tools, and 

4691 for iron and steel under the eighth article of the last-mentioned 

4692 treaty ; and costing annually one thousand seven hundred and 

4693 ten dollars; two thousand dollars per annum, during the pleas- 

4694 ure of the President, for assistance in agricultural operations 

4695 under the same treaty and article ; six thousand dollars per an- 

4696 nuin for education for seven years, in addition to the estimate 

4697 for present fiscal year, under the fourth article of the treaty of 

4698 January fourth, eighteen hundred and forty-five; one thousand 

4699 dollars per annum during the pleasure of the President, for the 

4700 same object, under the fifth article of the treat} 1 " of February 

4701 fourteenth, eighteen hundred and thirty-three ; services of a 

4702 wagon-maker, blacksmith and assistant, shop and tools, iron 

4703 and steel, during the pleasure of the President, under the same 

4704 treaty and article, and costing one thousand seven hundred and 

4705 ten dollars annually; the last instalment of two thousand two 

4706 hundred and twenty dollars for two blacksmiths and assistants, 

4707 shops and tools, and iron and steel, under the thirteenth article 

4708 of the treaty of March twenty-fourth, eighteen hundred and 

4709 thirty-two, and which last it is hereby stipulated shall be cou- 

4710 tinned for seven additional years. The following shall also be 

4711 excepted from the foregoing quit claim, relinquishment, release. 

4712 and discharge, viz : the fund created and held in trust for Creek 

4713 orphans under the second article of the treaty of March twenty- 

4714 fourth, eighteen hundred and thirty-two ; the right of such indi- 

4715 viduals among the Creeks as have not received it. to the com- 

4716 pensation in money provided for by the act of Congress of March 

4717 third, eighteen hundred and thirty-seven, in lieu of reservations 

4718 of land to which they were entitled, but which were not secured 

4719 to them, under the said treaty of eighteen hundred and thirty- 

4720 two ; the right of the reservees under the same treaty, who did 

4721 not dispose of their reservations to the amounts for which they 



108 



4722 have been or may be sold by the United States ; and the right 

4723 of such members of the tribe to military -bounty lands, as are 

4724 entitled thereto under existing laws of the United States. The 

4725 right and interest of the Creek Nation and people in and to the 

4726 matters and things so excepted, shall continue and remain the 

4727 same as though this convention had never been entered into. 

4728 Article 6. In consideration of the foregoing quit-claim, re 

4729 linquishment, release, and discharge, and of the cession of a 

4730 country for the Seminole Indians contained in the first article 

4731 of this agreement, the United States do hereby agree and stipu- 

4732 late to allow and pay the Creek Nation the sum of one million 

4733 of dollars, which shall be invested and paid as follows, viz : two 

4734 hundred thousand dollars to be invested in some safe stocks, 

4735 paying an interest of at least five per cent, per annum ; which 

4736 interest shall be regularly and faithfully applied to purposes of 

4737 education among the Creeks ; four hundred thousand dollars to 

4738 be -paid per capita, under the direction of the general council of 

4739 the Creek Nation, to the individuals and members of said nation, 

4740 [except such portion as they shall, by order of said national 

4741 council, direct to be paid to the treasurer of said nation for 

4742 any specified national object not exceeding ($100,000) one hun- 

4743 dred thousand dollars,] as soon as practicable after the ratifica- 

4744 tiou of this agreement ; and two hundred thousand dollars shall 

4745 be set apart to be appropriated and paid as follows, viz : ten 

4746 thousand dollars to be equally distributed and paid to those in- 

4747 dividualsand their heirs, who, under act of Congress of March 

4748 third, eighteen hundred and thirty seven, have received money 

4749 in lieu of reservations of land to which they were entitled, but 

4750 which were not secured to them under the treaty of March 

4751 twenty-fourth, eighteen hundred and thirty-two ; one hundred 

4752 and twenty thousand dollars to be equally and justly distributed 

4753 and paid, under the direction of the general council, to those 

4754 Creeks, or their descendants, who emigrated west of the Missis- 

4755 sippi Elver prior to said treaty of eighteen hundred andthirty- 

4756 two, and to be in lieu of and in full compensation for the claims 

4757 of such Creeks to an allowance equivalent to the reservations 

4758 granted to the eastern Creeks by that treaty, and seventy thou- 

4759 sand dollars for the adjustment and final settlement of such other 

4760 claims of individual Creek Indians, as may be found to be equi- 

4761 table and just by the general council of the nation: Provided, 

4762 however, That no part of the three last-mentioned sums shall be 

4763 allowed or paid to any other person or persons, whatsoever, than 

4764 those who are actual and bona-fide members of the Creek Nation 

4765 and belonging respectively to the three classes of claimants 

4766 designated ; said sums to be remitted and paid as soon as prac- 

4767 ticable after the general council shall have ascertained and des- 



109 



4768 ignated the persons entitled to share therein : And provided 

4769 further, That any balance of the said sum of seventy thousand 

4770 dollars, which may be found not to be actually necessary for 

4771 the adjustment and settlement of the claims for which it is set 

4772 apart, shall belong to the nation, and be applied to such object 

4773 or objects of utility or necessity as the general council shall 

4774 direct. The remaining sum of two hundred thousand dollars 

4775 shall be retained by the United States, until the removal of the 

4776 Seminole Indians, now in Florida, to the country west of the M is- 

4777 sissippi Eiver herein provided for their tribe; whereupon the 

4778 same, with interest thereon, at five per cent., from the date of the 

4779 ratification of this agreement, shall be paid over to or invested 

4780 for the benefit of the Creek Nation, as may then be requested 

4781 by the proper authorities thereof : Provided, however, That if so 

4782 paid over, it shall be equally divided and paid per capita to all 

4783 the individuals and members of the Creek Nation, or be used 

4784 and applied only for such objects or purposes of a strictly ua- 

4785 tional or beneficial character as the interests and welfare of the 

4786 Creek people shall actually require. 

4787 Article 7. It being the desire of the Creeks to employ 

4788 their own teachers, mechanics, and farmers, all of the funds se- 

4789 cured to the nation for educational, mechanical, and agricultural 

4790 purposes, shall, as the same become annually due, be paid over 

4791 by the United States to the treasurer of the Creek Nation. And 

4792 the annuities in money due the nation under former treaties 

4793 shall also be paid td the same officer, whenever the general 

4794 council shall so direct. 

4795 Article 8. The Semiuoles hereby release and discharge the 

4796 United States from all claims and demands which their delega- 

4797 lion have set up against them, and obligate themselves to re- 

4798 move to and settle in the new country herein provided for them 

4799 as soon as practicable. In consideration of such release, dis- 

4800 charge, and obligation, and as the Indians must abandon their 

4801 present improvements, and incur considerable expense in re-es- 

4802 tablishing themselves, and as the Government desires to secure 

4803 their assistance in inducing their brethren yet in Florida to em- 

4804 igrate and settle with them west of the Mississippi River, and is 

4805 willing to offer liberal inducements to the latter peaceably so to 

4806 do, the United States do therefore agree and stipulate as fol- 

4807 lows, viz : To pay to the Semiuoles now west the sum of ninety 

4808 thousand dollars, which shall be in lieu of their present improve- 

4809 ments, and in full for the expenses of their removal and estab- 

4810 lishing themselves in their new coimtry ; to provide annually 

4811 for ten years the sum of three thousand dollars for the support 

4812 of schools j two thousand dollars for agricultural assistance; 

4813 and two thousaud two hundred dollars for the support of smiths 



110 



4814 and smith-shops among them, said sums to be applied to these 

4815 objects in such manner as the President shall direct. Also to 

4816 invest for them the sum of two hundred and fifty thousand dol- 

4817 lars, at five per cent, per annum, the interest to be regularly 

4818 paid over to them^er capita as annuity ; the further sum of two 

4819 hundred and fifty thousand dollars shall be invested in like niau- 
4S20 ner whenever the Seminoles now remaining in Florida shall 

4821 have emigrated and joined their brethren in the west, where- 

4822 upon the two sums so invested shall constitute a fund belonging 
4323 to the united tribe of Seminoles, and the interest on which, at 
4824 the rate aforesaid, shall be annually paid over to them, per capita 
4S25 as an annuity ; but no portion of the principal thus invested, or 

4826 the interest thereon annually due and payable, shall ever be 

4827 taken to pay claims or demands against said Indians, except 

4828 such as may hereafter arise under the intercourse laws. 

4829 Article 9. The United States agree to remove comfortably 

4830 to their new country west all those Seminoles now in Florida 

4831 who can be induced to emigrate thereto ; and to furnish them 

4832 with sufficient rations of wholesome subsistence during their 

4833 removal and for twelve months after their arrival at their new 

4834 homes j also, to provide each warrior of eighteen years of age 

4835 and upwards, who shall so remove, with one rifle-gun, if he 
4S36 shall not already possess one ; with two blankets, a supply of 

4837 powder and lead, a hunting-shirt, one pair of shoes, one and 

4838 a half yards of strouding, and ten pounds of good tobacco ; and 

4839 each woman, youth, and child with a blanket, pair of shoes, and 

4840 other necessary articles of comfortable clothing, and to expend 

4841 for them in improvements, after they shall all remove, the sum 
4S42 of twenty thousand dollars. And to encourage the Seminoles 

4843 to devote themselves to the cultivation of the soil, and become 

4844 a sober, settled, industrious, and independent people, the United 
4S45 States do further agree to expend three thousand dollars in the 

4846 purchase of ploughs and other agricultural implements, axes, 

4847 seeds, looms, cards, and wheels ; the same to be proportionately 

4848 distributed among those now west, and those who shall emigrate 

4849 from Florida. 

4850 ARTICLE 10. The Seminoles west do hereby agree and bind 

4851 themselves to furnish, at such time or times as the President 

4852 may appoint, a delegation of such members of their . tribe as 

4853 shall be selected for the purpose, to proceed to Florida, under 

4854 the direction of an agent of the Government, to render such 

4855 peaceful services as may be required of them, and otherwise to 

4856 do all in their powejr to induce their brethren remaining in that 

4857 State to emigrate and join them in the west ; the United States 

4858 agreeing to pay them and such members of the Creek tribe as 

4859 may voluntarily offer to join them and be accepted for the same 



Ill 



4860 service, a reasonable compensation for their time and service . 

4861 as well as their travelling and other actual and necessary ex- 

4862 penses. 

4863 Article 11. It is further hereby agreed that the United 

4864 States shall pay Foc-te-lus-te-harjo, his heirs or assigns, the sum 

4865 of four hundred dollars, in consideration of the unpaid services 

4866 of said Foc-tc-luc-te-harjoe, or Black Dirt, rendered by him as 

4867 chief of the friendly band of Seminole warriors who fought for 

4868 the United States during the Florida war. 

4869 Article 12. So soon as the Seminoles west shall have re- 

4870 moved to the new country herein provided for them, the United 

4871 States will then select a site and erect the necessary buildings 

4872 for an agency, including a council-house for the Seminoles. 

4873 Article 13. The officers and people of each of the tribes of 

4874 Creeks and Seminoles shall, at all times, have the right of safe 

4875 conduct and free passage through the lands and territory of the 

4876 other. The members of each shall have the right freely to settle 

4877 within the country of the other, and shall thereupon be entitled 

4878 to all the rights, privileges, and immunities of members thereof 

4879 except that no member of either tribe shall be entitled to partici- 

4880 pate in any funds belongiug to the other tribe. Members of each 

4881 tribe shall have the right to institute and prosecute suits in the 

4882 courts of the other, under such regulations as may, from time to 

4883 time, be prescribed by their respective legislatures. 

4884 Article 14. Any person duly charged with a criminal 

4885 offense against the laws of either the Creek or Seminole tribe, 

4886 and escaping into the jurisdiction of the other, shall be promptly 

4887 surrendered upon the demand of the proper authority of the tribe 

4888 within whose jurisdiction the offense shall be alleged to have 

4889 been committed. 

4890 Article 15. So far as may be compatible with the Const i- 

4891 tution of the United States, and the laws made in pursuance 

4892 thereof, regulating trade and intercourse with the Indian tribes, 

4893 the Creeks and Seminoles shall be secured in the unrestricted 

4894 right of self-government, and full jurisdiction over persons and 

4895 property, within their respective limits; excepting, however, all 

4896 white persons, with their property, who are not, by adoption or 

4897 otherwise, members of either the Creek or Seminole tribe ; and 

4898 all persons not being members of either tribe, found within their 

4899 limits, shall be considered intruders, and be removed from and 

4900 kept out of the same by the United States agents for said tribes, 

4901 respectively, (assisted, if necessary, by the military,) with the 

4902 following exceptions, viz : such individuals with their families 

4903 as may be in the employment of the Government of the United 

4904 States; all persons peaceably travelling, or temporarily sojourn- 

4905 ing in the country, or trading therein under license from the 



112 



4906 proper authority of the United States; and such persons as may 

4907 he permitted hy the Creeks or Seminoles, with the assent of the 
4903 proper authorities of the United States, to reside within their 

4909 respective limits without becoming members of either of said 

4910 tribes. 

4911 Article 16. The Creeks and Seminoles shall promptly 

4912 apprehend and deliver up all persons accused of any crime against 

4913 the laws of the United States, or of any State thereof, who may 

4914 be found within their limits, on demand of any proper officer of 

4915 a State or of the United States. 

4916 Article 17. All persons licensed by the United States to 

4917 trade with the Creeks or Seminoles shall be required to pay to 

4918 the tribe within whose country they trade a moderate annual 

4919 compensation for the land and timber used by them, the amount 

4920 of such compensation, in each case, to be assessed by the proper 

4921 authorities of said tribe, subject to the approval of the United 

4922 States agent therefor. 

4923 Article 18. The United States shall protect the Creeks and 

4924 Seminoles from domestic strife, from hostile invasion, and from 

4925 aggression by other Indians and white persons, not subject to 

4926 their jurisdiction and laws: and for all injuries resulting from 

4927 such invasion or aggression, full indemnity is hereby guaranteed 
4923 to the party or parties injured out of the Treasury of the United 

4929 States, upon the same principle and according to the same rules 

4930 upon which white persons are entitled to indemnity for injuries 

4931 or aggressions upon them, committed by Indians. 

4932 Article 19. The United States shall have the right to 

4933 establish and maintaiu such military posts, military and post- 
4934 roads, and Indian agencies as may be deemed necessary within 

4935 the Creek and Seminole country, but no greater quantity of 

4936 land or timber shall be used for said purposes than shall be 

4937 actually requisite ; and if, in the establishment or maintenance 

4938 of such posts, roads, or agencies, the property of any Creek or 

4939 Seminole be taken, destroyed, or injured, or any property of 

4940 either nation, other than land and timber, just and adequate com- 

4941 pensation shall be made by the United States. Such persons 

4942 only as are or may be in the employment of the United States, 

4943 in any capacity, civil or military, or subject to the jurisdiction 

4944 and laws of the Creeks and Seminoles, shall be permitted to 

4945 farm or raise stock within the limits of any of said military 

4946 posts or Indian agencies. And no offender against the laws of 

4947 either of said tribes shall be permitted to take refuge therein. 

4948 Article 20. The United States, or any incorporated com- 

4949 pany, shall have the right of way for railroads, or lines of tele- 

4950 graphs, through the Creek and Seminole countries; but in the 

4951 case of any incorporated company, it shall have such right of 



113 



4952 way only upon such terms, and payment of such amount to tbe 

4953 Creeks and Seiniuoles, as the case may be, as may be agreed 

4954 upon between it and the national council thereof ; or, in case 

4955 of disagreement, by making full compensation, not only to indi- 

4956 vidual parties injured, but also to the tribe for the right of way. 

4957 all damage and injury done to be ascertained and determined in 

4958 such manner as the President of tbe United States shall direct. 

4959 And the right of way granted by either of said tribes for any 

4960 railroad shall be perpetual, or for such shorter term as the same 

4961 may be granted, in the same manner as if there were no revision of 

4962 their lands to the United States provided for, in case of aban- 

4963 donment by them, or of extinction of their tribe. 

4964 Article 21. The United States will cause such portions of 

4965 the boundaries of the Creek and Seminole countries as do not 

4966 consist of well-defined natural boundaries, to be surveyed and 

4967 permanently marked and established. The Creek and Seminole 

4968 general councils may each appoint a commission from their own 

4969 people to attend the running of their respective boundaries, 

4970 whose expenses and a reasonable allowance for their time and 

4971 services, while engaged in such duty, shall be paid by the United 

4972 States. 

4973 Article 22. That this convention may conduce, as far as 

497 4 possible, to the restoration and preservation of kind and friendly 

4975 feelings among the Creeks and Seminoles, a general amnesty of 

4976 all past offences committed within their country, either west or 

4977 east of the Mississippi, is hereby declared. 

4978 Article 23. A liberal allowance shall be made to each of 

4979 the delegations signing this convention; including, with the 

4980 Seminole delegation, George W. Brinton, the interpreter, as a 

4981 compensation for their travelling and other expenses in coming 

4982 to and remaining in this city and returning home. 

4983 Article 24. Should the Seminoles in Florida desire to ha ve 

4984 a portion of the country described in the first article of this 

4985 agreement set apart for their residence, it is agreed that the 

4986 Seminoles west may make such arrangement, not inconsistent 

4987 with this instrument, as may be satisfactory to their brethren 

4988 in Florida. 

4989 Article 25. The Creek laws shall be in force and continue 

4990 to operate in the country herein assigned to the Seminoles. until 

4991 the latter remove thereto; when they shall cease and be of no 

4992 effect. 

4993 Article 26. This convention shall supersede and take the 

4994 place of all former treaties, between the United States and the 

4995 Creeks, between the United States and the Florida Indiaus and 

4996 Seminoles, and between the Creeks and Seminoles, inconsistent 

4997 herewith; and shall take effect and be\bligatory on the con- 

15 I T \ 



114 



4998 tracting parties from the date hereof, whenever it shall be 

4999 ratified by the Senate and President of the United States. 

5000 Article 27. And it is further agreed that nothing herein 

5001 contained shall be so construed as to release the United States 

5002 from any liability other than those in favor of said nations or 

5003 individuals thereof. 

5004 Proclaimed August 28, 1856. 



5005 Treaty between the United States of America and the Creek Nation 

5006 of Indians, concluded June 14, 1866 ; ratification advised, witli 

5007 amendments, July 19, 1866; amendments accepted July 23, 

5008 1866. 

5009 Andrew Johnson, President of the United States of America, 

5010 to all and singular to whom these presents shall come, 

5011 greeting: 

5012 Whereas a treaty was made and concluded at the city of 

5013 Washington, iu the District of Columbia, on the fourteenth day 

5014 of June, in the year of our Lord one thousand eight hundred 

5015 and sixty-six, by and between Dennis N. Cooley and Elijah Sells, 

5016 commissioners, on the part of the United States, and Ok-ta-has 

5017 Harjo, Cow-mikko, and Cotek-cho-chee, delegates at large of the 

5018 Creek Nation of Indians, and D. N. Mcintosh and James M. C. 

5019 Smith, special delegates of the Southern Creeks, on the part of 

5020 said Creek Nation of Indians and Southern Creeks, all of which 

5021 delegates at large and special delegates were duly authorized 

5022 thereto by said Creek Nation and Southern Creeks, which treaty 

5023 is in the words and figures following, to wit : 

5024 Treaty of cession and indemnity concluded at the city of Wash- 

5025 ington on the fourteenth day of June, in the year of our 

5026 Lord one thousand eight hundred and sixty-six, by and be- 

5027 tween the United States, represented by Dennis N. Cooley, 

5028 Commissioner of Indian Affairs, Elija Sells, superintendent 

5029 of Indian affairs for the southern superintendency, and 

5030 Col. Ely S. Parker, special commissioner, and the Creek 

5031 Nation of Indians, represented by Ok-tars-sars-harjo, or 

5032 Sands, Cow-e-to-ine-co and Che-chu-chee, delegates at large, 

5033 and D. N. Mcintosh and James Smith, special delegates of 

5034 the Southern Creeks. 

5035 PREAMBLE. 

5036 Whereas existing treaties between the United States and 

5037 the Creek Nation have become insufficient to meet their mutual 

5038 necessities ; and whereas the Creeks made a treaty with the so- 

5039 called Confederate States, on the tenth of July, one thousand 

5040 eight hundred and sixty-one, whereby they ignored their alle- 



115 



5041 giance to the United States, and unsettled the treaty relations 

5042 existing between the Creeks and the United States, and did so 

5043 render themselves liable to forfeit to the United States all bene- 

5044 fits and advantages enjoyed by them in lands, annuities, pro 

5045 tection, and immunities, including their lands and other prop* 
5040 erty held by grant or gift from the United States ; and 

5047 Whereas in view of said liabilities the United States require 

504S of the Creeks a portion of their land whereon to settle other 

5049 Indians ; and whereas a treaty of peace and amity was entered 

5050 into between the United States and the Creeks and other tribes 

5051 at Fort Smith, September tenth, eighteen hundred and sixty-five, 

5052 whereby the Creeks revoked, cancelled, and repudiated the 
50|>3 aforesaid treaty made with the so-called Confederate States; and 

5054 Whereas the United States, through its commissioners, in 

5055 said treaty of peace and amity, promised to enter into treaty 

5056 with the Creeks to arrange and settle all questions relating to 

5057 and growing out of said treaty with the so-called Confederate 

5058 States : 

5059 Xow. therefore, the United States, by its commissioners, and 
5000 the above-named delegates of the Creek Nation, the day and 
50GI year above mentioned, mutually stipulate and agree, on behalf 
50G2 of the respective parties, as follows, to wit : 

5063 Article 1. There shall be perpetual peace and friendship 

5064 between the parties to this treaty, and the Creeks bind them- 

5065 selves to remain firm allies and friends of the United States. 

5066 and never to take up arms against the United States, but always 

5067 faithfully to aid in putting down its enemies. They also agree 
506S to remain at peace with all other Indian tribes : and, in return. 

5069 the United States guarantees them quiet possession of their 

5070 country, and protection against hostilities on the part of other 

5071 tribes. In the event of hostilities, the United States agree that 

5072 the tribe commencing and prosecuting the same shall, as far as 

5073 may be practicable, make just reparation therefor. To insure 

5074 this protection, the Creeks agree to a military occupation of 

5075 their country, at any time, by the United States, and the United 

5076 States agree to station and continue in said country, from time 

5077 to time, at its own expense, such force as may be necessary for 

5078 that purpose. A general amnesty of all past offenses against 
; 5079 the laws of the United States, committed by any member of the 

5080 Creek Nation, is hereby declared. And the Creeks, anxious for 

5081 the restoration of kind and friendly feelings among themselves. 

5082 do hereby declare an amnesty for all past offenses against their 

5083 government, and no Indian or Indians shall be proscribed, or 

5084 any act of forfeiture or confiscation passed against those who 

5085 have remained friendly to, or taken up arms against, the United 

5086 States, but they shall enjoy equal privileges with other members 



116 



5087 of said tribe j and all laws heretofore passed inconsistent here- 

508S with are hereby declared inoperative. 

5089 Article 2. The Creeks hereby covenant and agree that hence- 

5090 forth neither slavery nor involuntary servitude, otherwise than 

5091 in the punishment of crimes, whereof the parties have been duly 

5092 convicted in accordance with laws applicable to all members of 

5093 said tribe, shall ever exist in said nation ; and inasmuch as there 

5094 are anion g the Creeks many persons of African descent, who 

5095 have no interest in the soil, it is stipulated that hereafter these 

5096 persons lawfully residing in said Creek country under their laws 

5097 and usages, or who have been thus residing in said country, and 

5098 may return within one year from the ratification of this treaty, 

5099 and their descendants and such others of the same race as may 

5100 be permitted by the laws of the said nation to settle within the 

5101 limits of the jurisdiction of the Creek Nation as citizens [thereof,] 

5102 shall have and enjoy all the rights and privileges of native citi- 

5103 zens, including an equal interest in the soil and national funds, 

5104 and the laws of the said nation shall be equally binding upon and 

5105 give equal protection to all such persons, and all others, of what- 

5106 soever race or color, who may be adopted as citizens or members 

5107 of said tribe. 

5108 Article 3. In compliance with the desire of the United 

5109 States to locate other Indians and freedmen thereon, the Creeks 

5110 hereby cede and convey to the United States, to be sold to and 

5111 used as homes for such other civilized Indians as the United 

5112 States may choose to settle thereon, the west half of their entire 

5113 domain, to be divided by a line running north and south 5 the 

5114 eastern half of said Creek lands, being retained by them, shall, ex- 

5115 cept as herein otherwise stipulated, be forever set apart as a home 

5116 for said Creek Nation ; and in consideration of said cession of the 

5117 west half of their lands, estimated to contain three millions two 

5118 hundred and fifty thousand five hundred and sixty acres, the 

5119 United States agree to pay the sum of thirty (30) cents per acre, 

5120 amounting to nine hundred and seventy-five thousand onehun- 

5121 dred and sixty-eight dollars, in the manner hereinafter provided, 

5122 to wit : two hundred thousand dollars shall be paid per capita 

5123 in money, unless otherwise directed by the President of the 

5124 United States, upon the ratification of this treaty, to enable the 

5125 Creeks to occupy, restore, and improve their farms, and to make 

5126 their nation independent and self-sustaining, and to pay the 

5127 damages sustained by the mission schools on the North Fork 

5128 and the Arkansas Eivers, not to exceed two thousand dollars, and 

5129 to pay the delegates such per diem as the agent and Creek council 

5130 may'agree upon, as a just and fair compensation, all of which shall 

5131 be distributed for that purpose by the agent, with the advice of the 

5132 Creek council, under the direction of the Secretary of the lute- 



117 



5133 rior. One hundred thousand dollars shall be paid [in money 

5134 and divided] to soldiers that enlisted in the Federal Army and 

5135 the loyal refugee Indians and freedmen who were driven from 
513G their homes by the rebel forces, to reimburse them in proportion to 
5137 their respective losses ; four hundred thousand dollars be paid [in 

• 5138 money and divided] per capita to said Creek Xation, unless other- 

5139 wise directed by the President of the United States, under tbc 

5110 direction of the Secretary of the Interior, as the same may accrue 

5141 from the sale of land to other Indians. The United States agree 

5142 to pay to said Indians, in such manner and for such purpose- as 

5143 the Secretary of the Interior may direct, interest at the rate of 

5144 five per cent, per annum from the date of the ratification of this 

5145 treaty, on the amount hereinbefore agreed upon for said ceded 

5146 lands, after deducting the said two hundred thousand dollars. 

5147 the residue, two hundred and seventy-five thousand one hundred 

5148 and sixty-eight dollars, shall remain in the Treasury of the 

5149 United States, and the interest thereon, at the rate of five per 

5150 centum per annum, be annually paid to said Creeks as above 

5151 stipulated. 

5152 Article 4. Immediately after the ratification of this treaty 

5153 the United States agree to ascertain the amount due the respect - 

5154 ive soldiers who enlisted in the Federal Army, loyal refugee In- 

5155 dians and freedmen, in proportion to their several losses, and to 

5156 pay the amount awarded each, in the following maimer, to wit- 

5157 A census of the Creeks shall be taken by the agent of the United 

5158 States for said nation, under the direction of the Secretary of 

5159 the Interior, and a roll of the names of all soldiers that enlisted 

5160 in the Federal Army, loyal refugee Indians, and freedmen, be 

5161 made by him. The superintendent of Indian aftairs for the 

5162 Southern superintendency and the agent of the United States for 

5163 the Creek Nation shall proceed to investigate and determine 

5164 from said roll the amounts due the respective refugee I .- 

5165 dians, and shall transmit to the Commissioner of Indian Affairs 

5166 for his approval, and that of the Secretary of the Interior, their 

5167 awards, together with the reasons therefor. Incase the awards 

5168 so made shall be duly approved, said awards shall be paid from 

5169 the proceeds of the sale of said lands within one year from the 

5170 ratification of this treaty, or so soon as said amount of one hnn- 

5171 dred thousand (8100,000) dollars can be raised from the sale of 

5172 said land to other Indians. 

5173 Article 5. The Creek Nation hereby grant a right of way 

5174 through their lands, to the Choctaw and Chickasaw country, 

5175 to any company which shall be duly authorized by Congress. 

5176 and shall, with the express consent and approbation of the Sec- 

5177 retary of the Interior^ undertake to construct a railroad from 

5178 any point north of to any point in or south of the Creek conn- 



118 



5179 try, and likewise from any point on their eastern to their west- 

5180 ern or southern boundary, but said railroad company, together 

5181 with all its agents and employes, shall be subject to the laws of the 

5182 United States relating to intercourse with Indian tribes, and 

5183 also to such rules and regulations as may be prescribed by the 

5184 Secretary of the Interior for that purpose, and the Creeks agree 

5185 to sell to the United States, or any company duly authorized as 

5186 aforesaid, such lands not legally owned or occupied by a mem- 

5187 ber or members of the Creek Nation, lying along the line of said 

5188 contemplated railroad, not exceeding on each side thereof a belt 

5189 or strip of land three miles in width, at such price per acre as 

5190 may be eventually agreed upon between said Creek Nation and 

5191 the party or parties building said road, subject to the approval 

5192 of the President of the United States: Provided, however, That 

5193 said land thus sold shall not be reconveyed, leased, or rented to, 
5191 or be occupied by any one not a citizen of the Creek Nation, ac- 

5195 cording to its laws and recognized usages: Provided, also. That 

5196 officers, servants, and employes of said railroad necessary to its 

5197 construction and management, shall not be excluded from such 

5198 necessary occupancy, they being subject to the provisions of the 

5199 Indian intercourse law and such rules and regulations as may 

5200 be established by the Secretary of the Interior, nor shall any 

5201 conveyance of any of said lands be made to the party building 

5202 and managing said road until its completion as a first-class rail- 

5203 road, and its acceptance as such by the Secretary of the Inte- 

5204 rior. 

5205 Article 6. [Stricken out by agreement.] 

5206 Article 7. The Creeks hereby agree that the Seminole 

5207 tribe of Indians may sell and convey to the United States all or 

5208 any portion of the Seminole lands, upon such terms as may 

5209 be mutually agreed upon by and between the Seminoles and the 

5210 United States. 

5211 Article 8. It is agreed that the Secretary of the Interior 

5212 forthwith cause the line dividing the Creek couutry, as provided 

5213 for by the terms of the sale of Creek lands to the United States 

5214 in article third of this treaty, to be accurately surveyed under 

5215 the direction of the Commissioner of Indian Affairs, the expenses 

5216 of which survey shall be paid by the United States. 

5217 Article 9. Inasmuch as the agency buildings of the Creek 

5218 tribe have been destroyed during the late war, it is further 

5219 agreed that the United States shall, at their own expense, not ex-* 

5220 ceeding ten thousand dollars, cause to be erected suitable agency 

5221 buildings, the sites whereof shall be selected by the agent 

5222 of said tribe, in the reduced Creek reservation, under the direc- 

5223 tion of the superintendent of Indian affairs. 

5224 In consideration whereof, the Creeks hereby cede and re- 



119 



5225 linquish to the United States one section ot their land-, to be 

5226 designated and selected by their agent, under the direction of 

5227 the superintendent of Indian affairs, upon which said agency 

5228 buildings shall be erected, which section of land shall fever! to 

5229 the Creek nation when said agency buildings are no longer used 

5230 by the United States, upon said nation paying a fair and reason 

5231 able value for said buildings at the time vacated. 

5232 Article 10. The Greeks agree to such legislat ion as Con- 

5233 gress and the President of the United States may deem neces- 

5234 sary for the better administration of justice and the protee- 

5235 tion of the rights of person and property within the Indian ter- 

5236 ritory : Provided, hoicever, [That] said legislation shall not in any 

5237 manner interfere with or annul their present tribal organizations, 

5238 rights, laws, privileges, and customs. The Creeks also agree tha t 

5239 a general council, consisting of delegates elected by each nation 
5210 or tribe lawfully resident within the Indian territory, may be 

5241 annually convened in said territory, which council shall be or- 

5242 ganized in such manner and possess such powers as are here- 

5243 inafter described. 

5244 First. After the ratification of this treaty, and as soon 

5245 as may be deemed practicable by the Secretary of the In- 

5246 terior, and prior to the first session of said council, a census, or 

5247 enumeration of each tribe lawfully resident in said territory, 

5248 shall be taken under the direction of the superintendent of Indian 

5249 affairs, who for that purpose is hereby authorized to designate 

5250 and appoint comr^etent persons, whose compensation shall be 

5251 fixed by the Secretary of the Interior, and paid by the United 

5252 States. 

5253 Second. The first general council shall consist of one meiri- 

5254 ber from each tribe, and an additional member for each one 

5255 thousand Indians, or each fraction of a thousand greater than 

5256 five hundred, being members of any tribe lawfully resident in 

5257 said territory, and shall be selected by said tribes respectively, 

5258 who may assent to the establishment of said general council. 

5259 and if none should be thus formerly selected by any nation or 

5260 tribe, the said nation or tribe shall be represented in said gen- 

5261 eral council by the chief or chiefs and head men of said tribe, 

5262 to be taken in the order of their rank as recognized in tribal 

5263 usage, in the same number and proportion as above indicated. 

5264 After the said census shall have been taken and completed, the 

5265 superintendent of Indian affairs shall publish and declare to 

5266 each tribe the number of members of said council to which they 

5267 shall be entitled under the provisions of this article, and tin 1 

5268 persons entitled to so represent said tribes shall meet at such 

5269 time and place as he shall appoint, but thereafter the time and 

5270 place of the sessions of said council shall be determined by its 



120 



5271 action : Provided, That no session in any one year shall exceed 

5272 the term of thirty days, and provided that special sessions of 

5273 said council may be called whenever, in the judgment of the 

5274 Secretary of the Interior, the interest of said tribe shall require. 

5275 Third. Said general council shall have power to legislate 

5276 upon all rightful subjects and matters pertaining to the inter- 

5277 course and relations of the Indian tribes and nations resident in 

5278 said territory, the arrest and extradition of criminals and 

5279 offenders escaping from one tribe to another, the administration 

5280 of justice between members of the several tribes of said terri- 

5281 tory, and persons other than Indians and members of said tribes 

5282 or nations, the construction of works of internal improvement, 

5283 and the common defence and safety of the nations of slid ter- 

5284 ritory. All laws enacted by said general council shall take ef- 

5285 feet at such time as may therein be provided, unless suspended 

5286 by direction of the Secretary of the Interior or the President of 

5287 the United States. No law shall be enacted inconsistent with 

5288 the Constitution of the United States, or the laws of Congress, 

5289 or existing treaty stipulations with the United States, nor shall 

5290 said council legislate upon matters pertaining to the organiza- 

5291 tion, laws, or customs of the several tribes, except as herein 

5292 provided for. 

5293 Fourth. Said council shall be presided over by the superin- 

5294 tendent of Indian affairs, or, in case of his absence from any 

5295 cause, the duties of said superintendent enumerated in this arti- 

5296 cle shall be performed by such person as the Secretary of the 

5297 Interior may direct. 

5298 Fifth. The Secretary of the Interior shall appoint a secre- 

5299 tary of said council, whose duty it shall be to keep an accurate 

5300 record of all the proceedings of said council, and who shall 

5301 transmit a true copy of all such proceedings, duly certified by 

5302 the superintendent of Indian affairs, to the Secretary of the Iu- 

5303 terior immediately after the sessions of said* council shall termi- 

5304 nate. He shall be paid out of the Treasury of the United States 

5305 an annual^/ salary of five hundred dollars. 

5306 Sixth. The members of said council shall be paid by the 

5307 United States the sum of four dollars per diem during the time 

5308 actually in attendance on the sessions of said council, and at the 

5309 rate of four dollars for every twenty miles necessar[il]y traveled 

5310 by them in going to and returning to their homes respectively, 

5311 from said council, to be certified by the secretary of said council 

5312 and the superintendent of Indian affairs. 

5313 Seventh. The Creeks also agree that a court or courts may 

5314 be established in said territory, with such jurisdiction and organ- 

5315 ized in such manner as Congress may by law provide. 

5316 Article 11. The stipulations of this treaty are to be a full 



121 



5317 settlement of all claims of said Creek Nation for damages and 

5318 losses of every kind growing ont of the late rebellion and all 

5319 expenditures by the United States of annuities in clothing and 

5320 feeding refugee and destitute Indians since the diversion of an- 

5321 nuities for that purpose consequent upon the late war with the 

5322 so-called Confederate States ; and the Creeks hereby ratify and 

5323 confirm all such diversions of annuities heretofore made from 

5324 the funds of the Creek Nation by the United States, and the 

5325 United States agree that no annuities shall be diverted from 

5326 the objects for which they were originally devoted by treaty 

5327 stipulations with the Creeks, to the use of refugee and desti- 

5328 tute Indians other than the Creeks or members of the Creek 

5329 Nation after the close of the present fiscal year, June thirtieth, 

5330 eighteen hundred and sixty-six. 

5331 Article 12. The United States re-affirms and re-assumes all 

5332 obligations of treaty stipulations with the Creek Nation entered 

5333 into before the treaty of said Creek Nation with the so-called 

5334 Confederate States, July tenth, eighteen hundred and sixty-one, 

5335 not inconsistent herewith; and further agrees to renew all pay- 

5336 meats accruing by force of said treaty stipulations from and 

5337 after the close of the present fiscal year, June thirtieth, eighteen 

5338 hundred and sixty-six, except as is provided in article eleventh. 

5339 Article 13. A quantity of land not exceeding one hun- 

5340 dred and sixty acres, to be selected according to legal subdi- 

5341 visions, in one body, and to include their improvements, is 

5342 hereby granted to every religious society or denomination which 

5343 has erected, or which, with the consent of the Indians, may 

5344 hereafter erect, buildings within the Creek country for mission- 

5345 ary or educational purposes; but no land thus granted, nor the 

5346 buildings which have been or may be erected thereon, shall ever 

5347 be sold or otherwise disposed of, except with the consent and 

5348 approval of the Secretary of the Interior; and whenever any 

5349 such lands or buildings shall be so sold or disposed of, the pro- 

5350 ceeds thereof shall be applied, under the direction of the Seere- 

5351 tary of the Interior, to the support and maintenance of other 

5352 similar establishments for the benefit of the Creeks and such 

5353 other persons as may be or may hereafter become members of the 

5354 tribe according to its laws, customs, and usages; and if at any 

5355 time said improvements shall be abandoned for one year for 

5356 missionary or educational purposes, all the rights herein granted 

5357 for missionary and educational purposes shall revert to the said 

5358 Creek Nation. 

5359 Article 14. It is further agreed that all treaties hereto- 

5360 fore entered into between the United States and the Creek 

5361 Nation which are inconsistent with any of the articles or pro- 

5362 visions of this treaty shall be, and are hereby, rescinded and 

16 I T 



122 

5363 annulled; and it is further agreed that ten thousand dollars 

5364 shall be paid by the United States, or so much thereof as may 

5365 be necessary, to pay the expenses incurred in negotiating the 

5366 foregoing treaty. 

5367 Proclaimed August 11, 1866. 



5368 CHEYENNES AND ARRAPAHOES. 

5369 Treaty between the United States of America and the Cheyenne and 

5370 Arrapahoe tribes of Indians, concluded October 14, 1865; 

5371 ratification advised, ivith amendments, May 22,1866; amend- 

5372 ments accepted November 10 and 19, 1866. 

5373 Andrew Johnson, President of the United States of America, 

5374 to all and singular to whom these presents shall come, greet- 

5375 ing: 

5376 Whereas a treaty was made and concluded at the camp on 

5377 the Little Arkansas River, in the State of Kansas, on the four- 

5378 teenth day of October, in the year of our Lord one thousand 

5379 eight hundred and sixty-five, by and between John B. Sanborn, 

5380 William S. Harney, Thomas Murphy, Kit Carson, William W. 

5381 Bent, Jesse H. Leavenworth, and James Steele, commissioners 

5382 on the part of the United States, and Moke-ta-ve-to, (Black 

5383 Kettle,) Oh-to-ah-ne-so-to-wheo, (Seven Bulls,) Oh-has-tee, (Lit- 

5384 tie Raven,) Oh-hah-mah-hah, (Storm,) and other chiefs and head- 

5385 men of the Cheyenne and Arrapahoe tribes of Indians, on the 

5386 part of said Indians, and duly authorized thereto by them, which 

5387 treaty is in the words and figures following, to wit : 

5388 Articles of a treaty made and concluded at the camp on the Little 

5389 Arkansas River, in the State of Kansas, on the fourteenth day 

5390 of October, in the year of our Lord one thousand eight 

5391 hundred and sixty-five, by and between John B. Sanborn, 

5392 William S. Harney, Thomas Murphy, Kit Carson, William 

5393 W. Bent, Jesse H. Leavenworth, and James Steele, commis- 

5394 sioners on the part of the United States, and the under- 

5395 signed, chiefs and head-men of and representing the con- 

5396 federate tribes of Arrapahoe and Cheyenne Indians of the 

5397 Upper Arkansas River, they being duly authorized by their 

5398 respective tribes to act in the premises. 

5399 Article 1. It is agreed by the parties to this treaty that 

5400 hereafter perpetual peace shall be maintained between the people 

5401 and Government of the United States and the Indians parties 

5402 hereto, and that the Indians parties hereto, shall forever remain 

5403 at peace with each other, and with all other Indians who sus- 



123 



5404 tain friendly relations with the Government of the United 

5405 States. For the purpose of enforcing the provisions of this 

5406 article it is agreed that in case hostile acts or depredations arc 

5407 committed by the people of the United States, or by Indians on 

5408 friendly terms with the United States, against the tribe or tribes, 

5409 or the individual members of the tribe or tribes, who are parties 

5410 to this treaty, such hostile acts or depredations shall not be re- 

5411 dressed by a resort to arms, but the party or parties aggrieved 

5412 shall submit their complaints, through their agent, to the Presi- 

5413 dent of the United States, and thereupon an impartial arbitra- 

5414 tion shall be had, under his direction, and the award thus made 

5415 shall be binding on all parties interested, and the Government 

5416 of the United States will in good faith enforce the same. And 

5417 the Indians, parties hereto, on their part, agree, in case crimes 

5418 or other violations of law shall be committed by any person or 

5419 persons, members of their tribe, such person or persons shall, 

5420 upon complaint being made, in writing, to their agent, superinten- 

5421 dent of Indian affairs, or to other proper authority, by the party 

5422 injured, and verified by affidavit, be delivered to the person duly 

5423 authorized to take such person or persons into custody, to the 

5424 end that such person or persons may be punished according to 

5425 the laws of the United States. 

5426 Article 2. The United States hereby agree that the dis- 

5427 trict of country embraced within the following limits, or such 

5428 portion of the same as may hereafter be designated by the Presi- 

5429 dent of the United States for that purpose, viz : commencing at 

5430 the mouth of the Bed Creek or Eed Fork of the Arkansas Eiver • 

5431 thence up said creek or fork to its source ; thence westwardly to a 

5432 point on the Cimarone Elver opposite the mouth of Buffalo Creek ; 

5433 thence due north to the Arkansas River; thence down the same 

5434 to the beginning, shall be, and is hereby, set apart for the abso- 

5435 lute and undisturbed use and occupation of the tribes who are 

5436 parties to this treaty, and of such other friendly tribes as they 

5437 may from time to time agree to admit among them, and that no 

5438 white person, except officers, agents, and employees of the Gov- 

5439 eminent, shall go upon or settle within the country embraced 

5440 within said limits, unless formally admitted and incorporated 

5441 into some one of the tribes lawfully residing there, according to 

5442 its laws and usages : Provided, hoicever, That said Indians shall 

5443 not be required to settle upon said reservation until such time 

5444 as the United States shall have extinguished all claims of title 

5445 thereto on the part of other Indians, so that the Indians parties 

5446 hereto may live thereon at peace with all other tribes : " Provided, 

5447 however, That as soon as practicable, with the assent of said 

5448 tribe, the President of the United States shall designate for said 

5449 tribes a reservation, no part of which shall be within the State 



124 



5450 of Kansas, and cause them as soon as practicable to remove to 

5451 and settle thereon, but no such reservation shall be designated 

5452 upon any reserve belonging to any other Indian tribe or tribes 

5453 without their consent. 77 

5454 The Indians parties hereto, on their part, expressly agree to 

5455 remove to and accept as their permanent home the country em- 

5456 braced within said limits whenever directed so to do by the 

5457 President of the United States, in accordance with the provis- 

5458 ions of this treaty, and that they will not go from said country 

5459 for hunting or other purposes without the consent in writing of 

5460 their agent or other authorized person, such written consent in 

5461 all cases sp ecifying the purpose for which such leave is granted, 

5462 and shall be borne with them upon their excursions as evidence 

5463 that they are rightfully away from their reservation, and shall 

5464 be respected by all officers, employees, and citizens of the United 

5465 States as their sufficient safeguard and protection against injury 

5466 or damage in person or property by any and all persons whom- 

5467 soever. 

5468 It is further agreed by the Indians parties hereto that when 

5469 absent from their reservation they will refrain from the commis- 

5470 sion of any depredations or injuries to the person or property of 

5471 all persons sustaining friendly relations with, the Government of 

5472 the United States,- that they will not, while so absent, encamp 

5473 by day or night within ten miles of any of the main traveled 

5474 routes or roads through the country to which they go, or of the 

5475 military posts, towns, or villages therein, without the consent of 

547 6 the commanders of such military posts, or of the civil authorities of 

5477 such towns^or villages; and that henceforth they will, and do 

5478 hereby, relinquish all claims or rights in and to any portion of 

5479 the United States or Territories, except such as is embraced 

5480 within the limits aforesaid, and more especially their claims and 

5481 rights in and to the country bounded as follows, viz : beginning 

5482 at the junction of the north and south forks of the Platte Eiver ; 

5483 thence up the north fork to the top of the principal range of the 

5484 Rocky Mountains, or to the Eed Buttes : thence southwardly 

5485 along the summit of the Pocky Mountains to the headwaters of 

5486 the Arkansas Eiver ; thence down the Arkansas Eiver to the 

5487 Cimarone crossing of the same j thence to the place of begin- 

5488 ning $ which country they claim to have originally owned, and 

5489 never to have relinquished the title thereto. 

5490 Article 3. It is further agreed that until the Indians 

5491 parties hereto have removed to the reservation provided for by 

5492 the preceding article in pursuance of the stipulations thereof, 

5493 said Indians shall be, and they are hereby, expressly permitted 

5494 to reside upon and range at pleasure throughout the unsettled 

5495 portions of that part of the country they claim as originally 



125 



5496 theirs, which lies between the Arkansas and Platte Rivers ; and 

5497 that they shall and will not go elsewhere, except upon the terms 

5498 and conditions prescribed by the preceding- article in relation to 

5499 leaving the reservation thereby provided for : Provided, That 

5500 the provisions of the preceding article in regard to encamping 

5501 within ten miles of main travelled routes, military posts, towns, 

5502 and villages, shall be in full force as to the occupancy of the 

5503 country named and permitted by the terms of this article : Pro- 

5504 vided f urther, That they, the said Indians, shall and will at all 

5505 times during such occupancy, without delay, report to the com- 

5506 mander of the nearest military post, the presence in or approach 

5507 to said country of any hostile bands of Indians whatsoever. 

5508 Article 4. It is further agreed by the parties hereto that 

5509 the United States may lay off and build through the reservation , 

5510 provided for by Article 2 of this treaty, such roads or highways 

5511 as may be deemed necessary ; and may also establish such mili- 

5512 tary posts within the same as may be found necessary in order 

5513 to preserve peace among the Indians, and in order to enforce 

5514 such laws, rules, and regulations as are now, or may from time 

5515 to time be, prescribed by the President and Congress of the 

5516 United States for the protection of the rights of persons and 

5517 property among the Indians residing upon said reservation j an d 

5518 further, that in time of war such other military posts as may be 

5519 considered essential to the general interests of the United States 

5520 may be established : Provided, hoivever, That upon the building 

5521 of such roads, or establishment of such military posts, the 

5522 amount of injury sustained by reason thereof, by the Indians 

5523 inhabiting said reservation, shall be ascertained under direction 

5524 of the President of the United States, and thereupon such com* 

5525 pensation shall be made to said Indians as in the judgment of 

5526 the Congress of the United States may be deemed j ust and proper, 

5527 Article 5. At the special request of the Cheyenne and 

5528 Arrapahoe Indians, parties to this treaty, the United States 

5529 agree to grant, by patent in fee-simple, to the following-named 

5530 persons, all of whom are related to the Cheyennes or Arrapahoes 

5531 by blood, to each an amount of land equal to one section of six 

5532 hundred and forty acres, viz : To Mrs. Margaret Wilmarth. and 

5533 her children, Virginia Fitzpatrick, and Andrew Jackson Fitzpat- 

5534 rick ; to Mrs. Mary Keith and her children, William Keith, Mary 

5535 J. Keith, and Francis Keith $ to Mrs. Matilda Tepperdiu and 

5536 her child, Miss Margaret Pepperdin ; to Robert Poisal and John 

5537 Poisal $ to Edmund Guerrier, Eosa Guerrier, and J ulia Guerrier ; 

5538 to William W. Bentfs daughter, Mary Bent Moore, and her three 

5539 children, Adia Moore, William Bent Moore, and George Moore : 

5540 to William W. Bent's children, George Bent, Charles Bent, and 

5541 Julia Bent j to A-nia-che, the wife of John Prowers, and her 



126 



554-J children, Mary Prowers and Susan Prowers ; to the children of 

5543 Ote-se-ot-see, wife of John Y. Sickles, viz : Margaret, Minnie, 

5544 and John ; to the children of John S. Smith, interpreter, Wil- 

5545 liam Gilpin Smith, and daughter Armama ; to Jenny Lind 

5546 Crocker, daughter of Ne-sou-hoe, or Are-you-there, wife of Lieu- 

5547 tenant Crocker 5 to — Winsor, daughter of Tow-e-nah, wife 
554S of A. T. Winsor, sutler, formerly at Fort Lyon. Said lands to 

5549 be selected under the direction of the Secretary of the Interior, 

5550 from the reservation established by the 1st article of their treaty 

5551 of February 18, A. D. 1861 : u Provided, That said locations 

5552 shall not be made upon any lands heretofore granted by the 

5553 United States to any person, State, or corporation, for any pur- 

5554 pose." 

5555 Article 6. The United States being desirous to express its 

5556 condemnation of, and, as far as may be, repudiate the gross and 

5557 wanton outrages perpetrated against certain bands of Cheyenne 

5558 and Arrapahoe Indians, on the twenty -ninth day of November, 

5559 A. D. 1864, at Sand Creek, in Colorado Territory, while the said 

5560 Indians were at peace with the United States, and under its flag, 

5561 whose protection they had by lawful authority been promised 

5562 and induced to seek, and the Government being desirous to 

5563 make some suitable reparation for the injuries then done, will 

5564 grant three hundred and twenty acres of land by patent to each 

5565 of the following-named chiefs of said bands, viz*: Moke-ta-ve-to, 

5566 or Black Kettle ; Oh-tah-ha-ne-so-weel, or Seven Bulls ; Alik-ke- 

5567 home-ma, or Little Bobe ; Moke-tah-vo-ve-hoe, or Black White 

5568 Man ; and will in like manner grant to each other person of said 

5569 bands made a widow, or who lost a parent upon that occasion, 

5570 one hundred and sixty acres of land, the names of such persons 

5571 to be ascertained under the direction of the Secretary of the 

5572 Interior : Provided, That said grants shall be conditioned that 

5573 all devises, grants, alienations, leases, and contracts relative to 

5574 said lands, made or entered into during the period of fifty years 

5575 from the date of such patents, shall be unlawful and void. Said 

5576 lands shall be selected under the direction of the Secretary of 

5577 the Interior within the limits of country hereby set apart as a 

5578 reservation for the Indians parties to this treaty, and shall be 

5579 free from assessment and taxation so long as they remain 

5580 inalienable. The United States will also pay in United States 

5581 securities, animals, goods, provisions, or such other useful articles 

5582 as may, in the discretion of the Secretary of the Interior, be 

5583 deemed best adapted to the respective wants and conditions of 

5584 the persons named in the schedule hereto annexed, they being 

5585 present and members of the bands who suffered at Sand Creek, 

5586 upon the occasion aforesaid, the sums set opposite their names, 

5587 respectively^ as a compensation for property belonging to them, 



127 



5588 and then and there destroyed or taken from them by the United 

5589 States troops aforesaid. 

5590 Article 7. The United States a^ree that they will expend 

5591 annually during the period of forty years, from and after the 

5592 ratification of this treaty, for the benefit of the Indians who are 

5593 parties hereto, and of such others as may unite with them in 

5594 pursuance of the terms hereof, in such manner and for such pur- 

5595 poses as, in the judgment of the Secretary of the Interior, for 

5596 the time being, will best subserve their wants and interests as a 

5597 people, the following amounts,, that is to say, until such time as 

5598 said Indians shall be removed to their reservation, as provided 

5599 for by Article 2 of this treaty, an amount which shall be equal 

5600 to twenty dollars per capita for each person entitled to partici- 

5601 pate in the beneficial provisions of this treaty, and from and 

5602 after the time when such removal shall have been accomplished, 

5603 an amount which shall be equal to forty dollars per capita for 

5604 each person entitled as aforesaid. Such proportion of the ex 

5605 penditure provided for by this article as may be considered 

5606 expedient to distribute in the form of annuities shall be delivered 

5607 to said Indians as follows, viz : one-third thereof during the 

5608 spring, and two-thirds thereof during the autumn of each year. 

5609 For the purpose of determining from time to time the aggre- 

5610 gate amount to be expended under the provisions of this article, 

5611 it is agreed that the number entitled to its beneficial provisions 
5812 the coming year is two thousand eight hundred, and that an 

5613 accurate census of the Indians entitled shall be taken at the 

5614 time of the annuity payment in the spring of each year by their 

5615 agent or other person designated for that purpose by the Secre. 

5616 tary of the Interior, which census shall be the basis on which 

5617 the amount to be expended the next ensuing year shall be deter- 

5618 mined. 

5619 Article 8. The Indians parties to this treaty expressly 

5620 covenant and agree that they will use their utmost endeavor to 

5621 induce that portion of the respective tribes not now present to 

5622 unite with them and accede to the provisions of this treaty. 

5623 which union and accession shall be evidenced and made binding 

5624 on all parties whenever such absentees shall have participated 

5625 in the beneficial provisions of this treaty. 

5626 Article 9. Upon the ratification of this treaty all former 

5627 treaties are hereby abrogated. 

5628 Proclaimed February 2, 1867. 

5629 N. B. — The Apache tribe was brought into the provisions of 

5630 the above treaty by the second article of the treaty with the 

5631 Apaches, Cheyennes and Arrapahoes, proclaimed May 26, 1866, 

5632 the treaty following next to the above. 



128 



5633 Treaty between the United States of America and the Apache, 

5634 Cheyenne, and Arrapahoe tribes of Indians, concluded Octo- 

5635 her 17, 1865; mtification advised May 22, 1866. 

oij'Sij Andrew Johnson, President of the United States of America, 

5637 to all and singular to whom these presents shall come, 

5638 greeting : 

5639 Whereas a treaty was made and concluded at the council- 

5610 ground on the Little Arkansas Eiver, in the State of Kansas, on 

5611 the seventeenth day of October, in the year of our Lord one 

5642 thousand eight hundred and sixty-five, by and between John B. 

5643 Sanboru, William S. Harney, James Steele, William W. Bent, 

5644 Kit Carson, Thomas Murphy, and J. H. Leavenworth, commis- 

5645 sioners on the part of the United States, and Kou-zhon-ta-co, 

5646 (Poor Bear,) Ba-zhe-ech, (Iron Shirt,) and other chiefs and head- 

5647 meu, on the part of the Apache tribe of Indians, Moke-ta-ve-to? 

5648 (Black Kettle,) Oh-to-ah-ne-so-to-wheo, (Seven Bulls,) and other 

5649 chiefs and head-men, on the part of the Cheyenne tribe of Indi. 

5650 ans, and Oh-has-tee, (Little Baven,) Oh-hah-mah-hah, (Storm,) 

5651 and other chiefs and head-men, on the part of the Arrapahoe 

5652 tribe of Indians, all of which chiefs and head-men were duly au- 

5653 thorized thereto by their respective tribes, which treaty is in the 

5654 words and figures following, to wit : 

5655 K B.— The Apaches relinquish all rights, privileges, and 

5656 grants given them by this treaty, in a treaty made, together with 

5657 the Kiowas and Comanches, on the 21st of October, 1867. 

5658 Whereas a treaty was made and concluded, by and be- 

5659 tween the undersigned commissioners on the part of the United 

5660 States, and the undersigned chiefs and head-men of the Cheyenne 

5661 and Arrapahoe tribes of Indians, on the part of said tribes, on 

5662 the fourteenth day of October, A. D. 1865, at the council-grounds 

5663 on the Little Arkansas Eiver, in the State of Kansas j and, 

5664 whereas, the Apache Indians, who have been heretofore con- 

5665 federated with the Kiowa and Comanche tribes of Indians, are 

5666 desirous of dissolving said confederation and uniting their for- 

5667 tunes with the said Cheyennes and Arrapahoes ; and whereas 

5668 the said last-named tribes are willing to receive among theni- 

5669 selves on an equal footing with the members of their own tribes, 

5670 the said Apache Indians ; and the United States, by their said 

5671 commissioners, having given their assent thereto, it is there- 

5672 fore hereby agreed by and between the United States, by their 

5673 said commissioners, and the said Cheyenne, Arrapahoe, and 

5674 Apache Indians, by the undersigned chiefs and head-men of said 

5675 tribes respectively, as follows, viz : 

5676 Article 1. The said Cheyenne, Arrapahoe, and Apache 

5677 tribes henceforth shall be and they are hereby united, and the 



129 



567S United States will hereafter recognize said tribes as the confed- 

5679 erated bands or tribes of Cheyenne, Arrapahoe, and Apache 

5680 Indians. 

5681 Article 2. The several terms, stipulations, and agreements 

5682 to be done and performed on the part of the United Stales for 
568.3 and' with the said Cheyenne and Arrapahoe tribes of Indians. 
5684 and by the said Cheyenne and Arrapahoe tribes of Indians, for and 

5655 with the United States, by the provisions of said treaty of Oc- 

5656 tober 14th, A. D. 1865, shall be done and performed by the 

5687 United States for and on behalf of the said confederated tribes 

5688 or bands of Cheyenne, Arrapahoe, and Apache Indians, and on 

5689 their part shall be done, observed, and performed to, with and 

5690 for the United States in the same manner, to the same extent, 

5691 and for like objects, to all intents and purposes, as would have 

5692 been the case had said treaty been originally made and executed 

5693 with the said confederated tribes of Cheyenne, Arrapahoe, and 
5691 Apache Indians. 

5695 Proclaimed May 26, 1866. 



5696 Treaty between the United States of America and the Cheyenne and 

5697 ArapaJioe tribes of Indians, concluded October 28, 1867 ; 

5698 ratification advised July 25, 1868. 

5699 Andrew 7 " Johnson, President of the United States of America, 

5700 to all and singular to whom these presents shall come, greet- 

5701 ing : 

5702 Whereas a treaty was made and concluded at the Council 

5703 Camp, on Medicine Lodge Creek, seventy miles south of Fort 
5701 Lamed, in the State of Kansas, on the twenty-eighth day of 

5705 October, in the year of our Lord one thousand eight hundred 

5706 and sixty-seven, by and between 1ST. G. Taylor, Brevet Major- 

5707 General William S. Harney, Brevet Major-General C. C. Augui . 

5708 Brevet Major-General Alfred JEL. Terry, John B. Sanborn, Samuel 

5709 F. Tappan, and J. B. Henderson, commissioners on the part of 

5710 the United States, and O-to-ah-nac-co, (Bull-Bear,) Moke-tav- 

5711 a-to, (Black Kettle,) Little Baven, Yellow Bear, and other chiefs 

5712 and head-men of the Cheyenne and Arapahoe tribes of Indians. 

5713 on the part of said Indians, and duly authorized thereto by 

5714 them, which treaty is in the words and figures following, to wit : 

5715 Articles of a treaty and agreement made and entered into at the 

5716 Council Camp on Medicine Lodge Creek, seventy miles soul h 

5717 of Fort Lamed, in the State of Kansas, on the twenty- 

5718 eighth day of October, eighteen hundred and sixty- seven. 

5719 by and between the United States of America, represented 

5720 by its commissioners duly appointed thereto, to wit : Xa- 

5721 thaniel G. Taylor, William S. Harney, C. C. Augur, Alfred 

17 I T 



130 



572:2 H. Terry, John B. Sanborn, Samuel F. Tappan, and John B. 

5723 Henderson, of the one part, and the Cheyenne and Arapa- 

5724 hoe tribes of Indians, represented by their chiefs and head- 

5725 men, duly authorized and empowered to act for the body of 
5720 the people of said tribes — the names of said chiefs and head- 
5727 men being hereto subscribed — of the other part, witness : 
572S Article 1. From this day forward, all war between the 

5729 parties to this agreement shall forever cease. The Government 

5730 of the United States desires peace, and its honor is here pledged 

5731 to keep it. The Indians desire peace, and they now pledge their 

5732 honor to maintain it. 

5733 If bad men among the whites, or among other people sub- 

5734 ject to the authority of the United States, shall commit any 

5735 wrong upon the person or property of the Indians, the United 

5736 States will, upon proof made to the agent and forwarded to the 

5737 Commissioner of Indian Affairs at Washington City, proceed at 

5738 once to cause the offender to be arrested and punished according 

5739 to the laws of the United States, and also re-imburse the injured 

5740 person for the loss sustained. 

5741 If bad men among the Indians shall commit a wrong or depre- 

5742 dation upon the person or property of any one, white, black, or 

5743 Indian, subject to the authority of the United States and at 

5744 peace therewith, the tribes herein named solemnly agree that 

5745 they will, on proof made to their agent, and notice by him, de- 

5746 liver up the wrongdoer to the United States, to be tried and 

5747 punished according to its laws; and in case they wilfully refuse 

5748 so to do, the person injured shall be re-imbursed for his loss from 

5749 the annuities or other moneys due or to become due to them 

5750 under this or other treaties made with the United States. And 

5751 the President, on advising with the Commissioner of Indian 

5752 Affairs, shall prescribe such rules and regulations for ascertaining 

5753 damages, under the provisions of this article, as in his judgment 

5754 may be proper. Bat no such damages shall be adjusted and 

5755 paid until thoroughly examined and passed upon by the Com- 

5756 missioner of Indian Affairs and the Secretary of the Interior, 

5757 and no one sustaining loss, while violating, or because of his 

5758 violating, the provisions of this treaty or the laws of the United 

5759 States, shall be re-imbursed therefor. 

5760 Article 2. The United. States agrees that the following 

5761 district of country, to wit: commencing at the point where the 

5762 Arkansas River crosses the 37th parallel of north latitude, thence 

5763 west on said parallel— the said line being the southern boundary 

5764 of the State of Kansas — to the Cimarone Eiver, (sometimes called 

5765 the Red Fork of the Arkansas Eiver:) thence down said Cimarone 

5766 Eiver, in the middle of the main channel thereof, to the Arkansas 

5767 Eiver; thence up the Arkansas Eiver, in the middle of the main 



131 



5768 channel thereof, to the place of beginning, shall be and the same 

5769 is hereby set apart for the absolute and undisturbed use and 

5770 occupation of the Indians herein named, and for such other 

5771 friendly tribes or individual Indians, as from time to time tln \ 

5772 may be willing, with the consent of the United States, to admil 

5773 among them; and the United States now solemnly agrees that 

5774 no persons except those herein authorized so to do, and except 

5775 such officers, agents, and employes of the Govern m< ill as may 

5776 be authorized to enter upon Indian reservations in discharge of 

5777 duties enjoined by law, shall ever be permitted to pass over, 

5778 settle upon, or reside in the territory described in this article, or 

5779 in such territory as may be added to this reservation for the use 

5780 of said Indians. 

5781 Article 3. If it should appear from actual survey, or other 

5782 examination of said tract of land, that it contains less than one 

5783 hundred and sixty acres of tillable land for each person who at 

5784 the time may be authorized to reside on it, under the provisions 

5785 of this treaty,. and a very considerable number of such persons 

5786 shall be disposed to commence cultivating the soil as farmers, 

5787 the United States agrees to set apart for the use of said Indians, 

5788 as herein provided, such additional quantity of arable land 

5789 adjoining to said reservation, or as near the same as it can be 

5790 obtained, as may be required to provide the necessary amount. 

5791 Article 4. The United States agrees at its own proper 

5792 expense to construct at some place near the center of said reser- 

5793 vation, where timber and water may be convenient, the following 

5794 buildings, to wit: a warehouse or store-room for the use of the 

5795 agent in storing goods belonging to the Indians, to cost not 

5796 exceeding fifteen hundred dollars; an agency-building for the 

5797 residence of the agent, to cost not exceeding three thousand 

5798 dollars; a residence for the physician, to cost not more than 

5799 three thousand dollars ; and five other buildings, for a carpenter. 

5800 farmer, blacksmith, miller, and engineer, each to cost not exceed - 

5801 ing two thousand dollars; also a school-house or mission-build- 

5802 ing, so soon as a sufficient number of children can be induced by 

5803 the agent to attend school, which shall not cost exceeding live 

5804 thousand dollars. The United States agrees, further, to cause 

5805 to be erected on said reservation, near the other buildings herein 

5806 authorized, a good steam circular saw-mill, with a grist-mill and 

5807 shingle machine attached; the same to cost not exceeding eight 

5808 thousand dollars. 

5809 Article 5. The United States agrees that the agent foi said 

5810 Indians in the future shall, make his home at the agency build- 

5811 ing; that he shall reside among them, and keep an office open 

5812 at all times for the purpose of prompt and diligent inquiry into 

5813 such matters of complaint by and against the Indians as may be 



132 



5814 presented for investigation, under the provisions of their treat3 r 

5815 stipulations, as also for the faithful discharge of other duties 
5810 enjoined -on him by law. In all cases of depredation on person or 

5817 property, he shall cause the evidence to be taken in writing and 

5818 forwarded, together with his finding, to the Commissioner of 

5819 Indian Affairs, whose decision, subject to the revision of the 

5820 Secretary of the Interior, shall be binding on the parties to this 

5821 treaty. 

5822 Article 6. If any individual, belonging to said tribes of In- 

5823 dians, or legally incorporated with them, being the head of a 
5821 family, shall desire to commence farming, he shall have the 

5825 privilege to select, in the presence and with the assistance of the 

5826 agent then in charge, a tract of land within said reservation not 

5827 exceeding three hundred and twenty acres in extent, which tract 

5828 when so selected, certified, and recorded in the land-book as 

5829 herein directed, shall cease to be held in common, but the same 

5830 may be occupied and held in the exclusive possession of the 

5831 person selecting it, and of his family, so long as he or they may 

5832 continue to cultivate it. Any person over eighteen years of age 

5833 not being the head of a family, may in like manner select and 

5834 cause to be certified to him, or her, for purposes of cultivation, 

5835 a quantity of land not exceeding eighty acres in extent, and 

5836 thereupon be entitled to the exclusive possession of the same as 

5837 above directed. 

5838 For each tract of land so selected, a certificate containing a 

5839 description thereof, and the name of the person selecting it, with 

5840 a certificate indorsed thereon, that the same has been recorded? 

5841 shall be delivered to the party entitled to it by the agent, after 

5842 the same shall have been recorded by him in a book to be kept 

5843 in his office, subject to inspection, which said book shall be 

5844 known as the " Cheyenne and Arapahoe Land Book." The Pre- 

5845 sident may at any time order a survey of the reservation, and, 

5846 when so surveyed, Congress shall provide for protecting the rights 

5847 of settlers in their improvements, and may fix the character of 

5848 the title held by each. 

5849 The United States may pass such laws on the subject of alien- 

5850 ation and descent of property, and on all subjects connected with 

5851 the government of the Indians on said reservations, and the iu- 

5852 ternal police thereof as may be thought proper. 

5853 Article 7. In order to insure the civilization of the tribes 

5854 entering into this treaty, the necessity of eduation is admitted, 

5855 especially by such of them as are or may be settled on said agri- 

5856 cultural reservation, and they therefore pledge themselves to 

5857 compel their children, male and female, between the ages of six 

5858 and sixteen years, to attend school ; and it is hereby made the 

5859 duty of the agent for said Indians to see that this stipulation is 



133 



5860 strictly complied with ; and the United States agrees that for 

5861 every thirty children between said ages, who can be induced or 

5862 compelled to attend school, a house shall be provided, and a 

5863 teacher competent to teach the elementary branches of an Eng 

5864 lish education shall be furnished, who will reside anion .; said 

5865 Indians, and faithfully discharge his or her duties as a teacher. 

5866 The provisions of this article to continue for not less than twenty 

5867 years. 

5868 Article 8. When the head of a family or lodge shall have 

5869 selected lands and received his certificate as above directed, and 

5870 the agent shall be satisfied that he intends in good faith to com 

5871 mence cultivating the soil for a living, he shall be entitled to re- 

5872 ceive seeds and agricultural implements for the first year, not 

5873 exceeding in value one hundred dollars ; and for each sueceed- 

5874 ing year he shall continue to farm for a period of three years 

5875 more, he shall be entitled to receive seeds and implements as 

5876 aforesaid, not exceeding in value twenty-five dollars. 

5877 And it is further stipulated that such persons as commence 

5878 farming shall receive instruction from the farmer herein pro- 

5879 vided for ; and whenever more than one hundred persons shall 

5880 enter upon the cultivation of the soil, a second blacksmith shall 

5881 be provided, with such iron, steel, and other material as maybe 

5882 needed. 

5883 Article 9. At any time after ten years from the making 

5884 of this treaty the United States shall have the privilege of with- 

5885 drawing the physician, farmer, blacksmith, carpenter, engineer, 

5886 and miller, herein provided for, but in case of such withdrawal, a n 

5887 additional sum, thereafter, of ten thousand dollars per annum 

5888 shall be devoted to the education of said Indians, and the Com- 

5889 missioner of Indian Affairs shall upon careful inquiry into their 

5890 condition make such rules and regulations for the expenditure 

5891 of said sum as will best promote the educational and moral im- 

5892 provement of said tribes. 

5893 Article 10. In lieu of all sums of^ money or other an 

5894 nuities provided to be paid to the Indians herein named, under 

5895 the treaty of October fourteenth, eighteen hundred and sixty- 

5896 five, made at the mouth of Little Arkansas, and under all treat- 

5897 ies made previous thereto, the United States agrees to deliver 

5898 at the agency house on the reservation herein named, on the fif- 

5899 teenth day of October, of each year, for thirty years, the follow- 

5900 ing articles, to wit : 

5901 For each male person over fourteen years of age, a suit of 

5902 good, substantial woolen clothing, consisting of coat, pantaloons. 

5903 flannel shirt, hat, and a pair of home-made socks. 

5904 For each female over twelve years or age, a tiaunel skirt. 



134 



5905 or the goods necessary to make it, a pair of woolen hose, twelve 

5906 yards of calico, and twelve yards of cotton domestics. 

5907 For the boys and girls under the ages named, such flannel 

5908 and cottou goods as may be needed to make each a suit as afore- 

5909 said, together with a pair of woolen hose for each. 

5910 Aud iu order that the Commissioner of Indian Affairs may 

5911 be able to estimate properly for the articles herein named, it 

5912 shall be the duty of the agent each year to forward to him a 

5913 fall and exact census of the Indians on which the estimate from 

5914 year to year can be based. 

5915 And, in addition to the clothing herein named, the sum of 

5916 twenty thousand dollars shall be annually appropriated for a 

5917 period of thirty years, to be used by the Secretary of the In- 

5918 terior in the purchase of such articles- as, from time to time, 

5919 the condition and necessities of the Indians may indicate to be 

5920 proper. And if at any time, within the thirty years, it shall ap- 

5921 pear that the amount of money needed for clothing, under this 

5922 article, can be appropriated to better uses for the tribe herein 

5923 named, Congress may, by law, change the appropriation to other 

5924 purposes ; but, in no event, shall the amount of this appropria- 

5925 tion be withdrawn or discontinued for the period named. And 

5926 the President shall, annually, detail an officer of the Army to 

5927 be present, and attest the delivery of all the goods herein named 

5928 to the Indians, and he shall inspect and report on the quantity 

5929 and quality of the goods and the manner of their delivery. 

5930 Article 11. Iu consideration of the advantages and bene- 

5931 fits conferred by this treaty, and the many pledges of friendship 

5932 by the United States, the tribes who are parties to this agree- 

5933 meut hereby stipulate that they will relinquish all right to oc- 

5934 cupy permanently the territory outside of their reservation as 

5935 herein defined, but they yet reserve the right to hunt on any 

5936 lands south of the Arkansas so long as the buffalo may range 

5937 thereon in such numbers as to justify the chase; and no white 

5938 settlements shall be permitted on any part of the lands contained 

5939 in the old reservation as defined by the treaty made between 
5910 the United States and the Cheyenne, Arapahoe, and Apache 

5941 tribes of Indiaus, at the mouth of the Little Arkansas, under 

5942 date of October fourteenth, eighteen hundred aud sixty-five, 

5943 within three years from this date ; and they, the said tribes, fur- 

5944 ther expressly agree : 

5945 1st. That they will withdraw all opposition to the construction 

5946 of the railroad now being built on the Smoky Hill Eiver, 

5947 whether it be built to Colorado or 2s ew Mexico. 

5948 2d. That they will permit the peaceable construction of any 

5949 railroad not passing over their reservation, as herein defined. 

5950 3d. That they will nut attack any persons at home or travel- 



135 



5951 ling, nor molest or disturb any wagon-trains, coaches, mules, or 

5952 cattle belonging to the people of the United St ates, or to persons 

5953 friendly therewith. 

5954 4th. They will never capture or carry oil' from the settle- 

5955 men ts white women or children. 

5956 5th. They will never kill or scalp white men, nor attempt to 

5957 do them harm. 

5958 6th. They withdraw all pretense of opposition to the cou- 

5959 strnction of the railroad now being built along the Platte River, 

5960 and westward to the Pacific Ocean ; and they will not in future 

5961 object to the construction of railroads, wagon-roads, niail- 

5962 stations, or other works of utility or necessity, which may be 

5963 ordered or permitted by the laws of the United States. But 

5964 should such roads or other works be constructed on the lands of 

5965 their reservation, the Government will pay the tribe whatever 

5966 amount of damage may be assessed by three disinterested com- 

5967 missioners to be appointed by the President for that purpose, 
596S one of said commissioners to be a chief or head-man of the 

5969 tribe. 

5970 7th. They agree to withdraw all opposition to the military 

5971 posts or roads now established, or that may be established, not 

5972 in violation of treaties heretofore made or hereafter to be 

5973 made with any of the Indian tribes. 

5974 Article 12. !No treaty for the cession of any portion or 

5975 part of the reservation herein described, which may be held in 

5976 common, shall be of any validity or force as against the said In- 

5977 dians unless executed and signed by at least three-fourths of all 

5978 the adult male Indians occupying or interested in the same : and 

5979 no cession by the tribe shall be understood or construed in such 

5980 manner as to deprive without his consent any individual member 

5981 of the tribe of bis rights to any tract of laud selected by him as 

5982 provided in Article 6 of this treaty. 

5983 Article 13. The United States hereby agree to furnish 

5984 annually to the Indians the physician, teachers, carpenter, 

5985 miller, engineer, farmer, and blacksmiths, as herein contemplated. 

5986 and that such appropriations shall be made from time to time, 

5987 on the estimates of the Secretary of the Interior, as will be suf- 

5988 ficient to employ such persons. 

5989 Article 14. It is agreed that the sum of rive huudred 

5990 dollars, annually, for three years from date, shall be expended 

5991 in presents to the ten persons of said tribe who, in the judgment 

5992 of the agent, may grow the most valuable crops for the respect- 

5993 ive year. 

5994 Article 15. The tribes herein named agree that \vhen the 

5995 ageucy-house and other buildings shall be constructed on the 

5996 reservation named, they will regard and make said reservation 



136 



5997 their permanent home, and they will make no permanent settle - 

5998 ment elsewhere, but they shall have the right, subject to the 

5999 conditions and modifications of this treaty, to hunt on the lands 

6000 south of the Arkansas River, formerly called theirs, in the same 

6001 manner as agreed on by the treaty of the ''Little Arkansas," 

6002 concluded the fourteenth day of October, eighteen hundred and 

6003 sixty-five. 

6004 Proclaimed August 19, 1868. 



6005 NORTHERN CHEYENNES AND NORTHERN ARRAPA- 

6006 HOES. 

6007 Treaty between the United States of America and the Northern 

6008 Cheyenne and Northern Arapahoe tribes of Indians, con- 

6009 eluded May 10, 1868 ; ratification advised July 25, 1868. 

6010 Andrew Johnson, President of the United States of America, to 

6011 all and singular to whom these presents shall come, greeting : 

6012 Whereas a treaty was made and concluded at Fort Laramie, 

6013 in the Territory of Dakota, on the tenth day of May, in the year 

6014 of our Lord one thousand eight hundred and sixty-eight, by and 

6015 between Lieutenant-General William T. Sherman, Brevet Major - 

6016 General William S. Harney, Brevet Major-General Alfred H. 

6017 Terry, Brevet Major-General C. O. Augur, John B. Sanborn, and 

6018 S. F. Tappan, commissioners on the part of the United States, 

6019 and Wah-Toh-Nah, Bah-Ta-Che, and other chiefs and head-men 

6020 of the Northern Cheyenne and Northern Arapahoe tribes of 

6021 Indians, on the part of said Indians, and duly authorized thereto 

6022 by them, which treaty is in the words and figures following, to 

6023 wit: 

6024 Articles of a treaty made and concluded at Fort Laramie, Da- 

6025 kota Territory, on the tenth day of May, in the year of our 

6026 Lord one thousand eight hundred and sixty-eight, by and 

6027 between the undersigned commissioners on the part of the 

6028 United States, and the undersigned chiefs and head-men of 

6029 and representing the Northern Cheyenne and Northern Ar- 

6030 apahoe Indians, they being duly authorized to act in the 

6031 premises. 

6032 Article 1. From this day forward peace between the par- 

6033 ties to this treaty shall forever continue. The Government of 
0034 the United States desires peace, and its honor is hereby pledged 

6035 to keep it. The Indians desire peace, and they hereby pledge 

6036 their honor to maintain it. If bad men among the whites, or 

6037 among other people subject to the authority of the United 



137 



6038 States, shall commit any wrong upon the person or property of 

G039 the Indians, the United States will, upon proof made to the 

6040 agent and forwarded to the Commissioner of Indian Affairs 

6011 at Washington City, proceed at once to cause the offender to 

6012 be arrested and punished according to the laws of the United 

6013 States, and also reimburse the injured person for the loss sus- 

6041 tained. 

6015 If bad men among the Indians shall commit a wrong or dep- 

6046 redation upon the person or property of any one, white, black, or 

6047 Indian, subject to the authority of the United States and at peace 

6048 therewith, the Indians herein named solem nly agree that they will, 

6049 on proof made to their agent, and notice by him, deliver up 

6050 the wrong-doer to the United States, to be tried and punished 

6051 according to its laws ; and in case they wilfully refuse so to do, 

6052 the person injured shall be reimbursed for his loss from the an- 

6053 nuities or other moneys due or to become due to them under this 
6051 or other treaties made with the United States. And the Presi- 

6055 dent, on advising with the Commissioner of Indian Affairs, 

6056 shall prescribe such rules and regulations for ascertaining dam- 

6057 ages under the provisions of this article as in his judgment may 

6058 be proper. But no such damages shall be adj Listed and paid 

6059 until thoroughly examined and passed upon by the Commissioner 

6060 of Indian Affairs, and no one sustaining loss w T hile violating, or 

6061 because of his violating, the provisions of this treay or the laws 

6062 of the United States shall be reimbursed therefor. 

6063 Article 2. The Indians, parties to this treaty, hereby agree 
6061 to accept for their permanent home some portion of the tract of 

6065 country set apart and designated as a permanent reservation for 

6066 the Southern Cheyenne and Arapahoe Indians by a treaty entered 

6067 into by and between them and the United States, at Medicine 

6068 Lodge Creek, on the — day of October, eighteen hundred and 

6069 sixty-seven, or some portion of the country and reservation sen 

6070 apart and designated as a permanent home for the Brule and other 

6071 bands of Sioux Indians, by a treaty entered into by and between 

6072 said Indians and the United States, at Fort Laramie, D. T., 

6073 on the twenty-ninth day of April, eighteen hundred and sixty - 
6071 eight. And the Northern Cheyenne and Arapahoe Indians 

6075 do hereby relinquish, release, and surrender to the United 

6076 States, all right, claim, and interest in and to all territory 

6077 outside the two reservations above mentioned, except the right 

6078 to roam and hunt while game shall be found in sufficient quanti- 

6079 ties to justify the chase. And they do solemnly agree that they 

6080 will not build any permanent homes outside of said reservations, 

6081 and that within one year from this date they will attach thein- 

6082 selves permanently either to the agency provided for near the 

6083 mouth of Medicine Lodge Creek, or to the agency about to be 

18 I T 



138 



6084 established on the Missouri Elver, near Fort Randall, or to the 

60S5 Crow agency near Otter Creek, on the Yellowstone River, 

6086 provided for by treaty of the seventh day of May, eighteen hun- 

6087 dred and sixty- eight, entered into by and between the United 

6088 States and said Crow Indians, at Fort Laramie, D. T. ; and it 

6089 is hereby expressly understood that one portion of said Indians 

6090 may attach themselves to one of the afore-mentioned reserva- 

6091 tions, and another portion to another of said reservations, as 

6092 each part or portion of said Indians may elect. 

6093 Article 3. If any individual belonging to said tribes of 
6091 Indians, or legally incorporated with them, being the head of a 

6095 family, shall desire to commence farming, he shall have the 

6096 privilege to select, in the presence and with the assistance of the 

6097 agent then in charge, a tract of land within said reservations 

6098 not exceeding three hundred and twenty acres in extent, which 

6099 tract, when so selected, certified, and recorded in the " Land 

6100 Book n as herein directed, shall cease to be held in common, but 

6101 the same may be occupied and held in the exclusive possession 

6102 of the person selecting it, and of his family, so long as he or 

6103 they may continue to cultivate it: 

6101 Any person over eighteen years of age, not being the head 

6105 of a family, may in like manner select and cause to be certified 

6106 to him or her, for purposes of cultivation, a quantity of land not 

6107 exceeding eighty acres in extent, and thereupon be entitled to 

6108 the exclusive possession of the same as above directed. 

6109 For each tract of land so selected, a certificate containing a 

6110 description thereof and the name of the person selecting it, 
6L11 with a certificate endorsed thereon that the same has been re- 

6112 corded, shall be delivered to the party entitled to it by the agent 

61 13 after the same shall have been recorded by him in a book to be 

6111 kept in his office, subject to inspection, which said book shall be 

6115 known as the u Northern Cheyenne and Arapahoe Land Book/ 7 

6116 The President may, at any time, order a survey of the 

6117 reservation; and when so surveyed, Congress shall provide for 

6118 protecting the rights of settlers in their improvements, and may 

6119 fix the character of the title held by each. 

6120 The United States may pass such laws on the subject of 

6121 alienation and descent of property as between Indians and on 

6122 all subjects connected with the government of the Indians on 

6123 said reservations, and the internal police thereof, as may be 
6121 thought proper. 

6125 Article I. In order to insure the civilization of the tribe 

6126 entering into this treaty, the necessity of education is admitted, 

6127 especially by such of them as are or ma}' be settled on said 

6128 agricultural reservation, and they therefore pledge themselves 

6129 to compel their children, male and female, between the ages of 



139 



61S0 six and sixteen years, to attend school ; and it is hereby made 

G131 the duty of the agent for said Indians to see that this stipulation 

6132 is strictly complied with; and the United States agrees that 

6133 for every thirty children, between said ages, who can be in- 

6134 ducedor compelled to attend school, a house shall be provided, 

6135 and a teacher, competent to teach the elementary branches of 

6136 an English education, shall be furnished, who will reside among 

6137 said Indians and faithfully discharge his or her duties as a 

6138 teacher. The provisions of this article to continue for twenty 

6139 years. 

6140 Article 5. AVhen the head of a family or lodge shall have 

6141 selected lands, and received his certificate as above directed, 

6142 and the agent shall be satisfied that he intends in good faith to 

6143 commence cultivating the soil for a living, he shall be entitled 

6144 to receive seeds and agricultural imj:>lemcnts for the first year 

6145 in value one hundred dollars, and for each succeeding year he 

6146 shall continue to farm for a period of three years more he 

6147 shall be entitled to receive seeds and implements as aforesaid in 

6148 value twenty-five dollars per annum. 

6149 And it is further stipulated that such persons as commence 

6150 farming shall receive instructions from the farmer herein pro- 

6151 vided for, and whenever more than one hundred persons shall 

6152 enter upon the cultivation of the soil a second blacksmith shall 

6153 be provided, with such iron, steel, and other material as may 

6154 be needed. 

6155 Article 6. In lieu of all sums of money or other anuui- 

6156 ties provided to be paid to the Indians herein named, under any 

6157 and all treaties heretofore made with them, the United States 

6158 agrees to deliver at the agency-house, on the reservations herein 

6159 provided for, on the first day of September of each year, for 

6160 thirty years, the following articles, to wit : 

6161 For each male person over fourteen years of age, a suit of 

6162 good substantial woolen clothing, consisting of coat, hat, pauta- 

6163 loons, flannel shirt, and a pair of woolen socks. 

6164 For each female over twelve years of age, a flannel skirt, or 

6165 the goods necessary to make it, a pair of woolen hose, twelve 

6166 yards of calico, and twelve yards of cotton domestics. 

6167 For the boys and girls under the ages named, such flaunel 

6168 and cotton goods as may be needed to make each a suit, as afore- 

6169 said, together with a pair of woolen hose for each. 

6170 And in order that the Commissioner of Indian Affairs may 

6171 be able to estimate properly for the articles hereiu named, it 

6172 shall be the duty of the agent each year to forward to him a full 

6173 and exact census of the Indians, on which the estimates from 

6174 year to year can be based. 

6175 And, in addition to the clothing herein named, the sum of 



140 



6176 ten dollars shall be annually appropriated for each Indian roam- 

6177 ing, and twenty dollars for each Indian engaged in agriculture, 

6178 for a period of ten years, to be used by the Secretary of the In- 

6179 terior in the purchase of such articles as from time to time 

6180 the condition and necessities of the Indiaus may indicate to be 

6181 proper. And if, at any time within the ten years, it shall appear 

6182 that the amount of money needed for clothing under this article 

6183 can be appropriated to better uses for the tribes herein named, 
6181 Congress may by law change the appropriation to other pur- 
61S5 poses ; bnt in no event shall the amount of this appropriation 

6186 be withdrawn or discontinued for the period named. And the 

6187 President shall annually detail an officer of the Army to be pres- 

6188 ent and attest the delivery of all the goods herein named to the 

6189 Indians, and he shall inspect and report on the quantity and 

6190 quality of the goods and the manner of their delivery ; and it is* 

6191 expressly stipulated that each Indian over the age of four years, 

6192 who shall have removed to and settled permanently upon said 

6193 reservation and complied with the stipulations of this treaty, 
6191 shall be entitled to receive from the United States, for the pe- 

6195 riod of four years after he shall have settled upon said reserva- 

6196 tion, one pound of meat and one pound of flour per day, pro- 

6197 vided the Indians cannot furnish their own subsistence at an 

6198 earlier date ; and it is further stipulated that the United States 

6199 will furnish and deliver to each lodge of Indians, or family of 

6200 persons legally incorporated with them, who shall remove to the 

6201 reservation herein described and commence farming, one good 

6202 American cow and one well-broken pair of American oxen, within 

6203 sixty days after such lodge or family shall have so settled upon 
6201 said reservation. 

6205 Article 7. The United States hereby agrees to furnish 

6206 annually to the Indians who settle upon the reservation a phy- 

6207 sician, teachers, carpenter, miller, engineer, farmer, and black - 

6208 smiths, as herein contemplated, and that such appropriations 

6209 shall be made from time to time on the estimates of the Secre- 

6210 tary of the Interior as will be sufficient to employ such persons. 

6211 Article 8. l^o treaty for the cession of any portion of 

6212 the reservations herein described, which may be held in common, 

6213 shall be of any force or validity as against the said Indians, un- 
6211 less executed and signed by at least a majority of all the adult 

6215 male Indians occupying or interested in the same 5 and no ces- 

6216 sion by the tribe shall be understood or construed in such man- 

6217 ner as to deprive, without his consent, any individual member 

6218 of the tribe of his right to any tract of land selected by him, as 

6219 hereinbefore provided. 

6220 Article 9. It is agreed that the sum of five hundred dol- 

6221 lars annually for three years, from the date when they com- 



141 



6222 menced to cultivate a farm, shall be expended in presents to the 

6223 ten persons of said tribe who, in the judgment of the agent, 

6224 may grow the most valuable crops for the respective year. 

6225 Proclaimed 25th August, 1868. 



6226 CHIPPEWAS. 

6227 Articles of a treaty made and concluded at Saginaw, in the Terri- 

6228 tory of Michigan, between the United States of America, by 

6229 their commissioner, Lewis Cass, and the Chippewa Nation of 

6230 Indians. 

6231 Article 1. The Chippewa Xation of Indians, in considera- 

6232 tion of the stipulations herein made on the part of the United 

6233 States, do hereby, forever, cede to the United States the land 

6234 comprehended within the following lines and boundaries: Bc- 

6235 ginning at a point in the present Indian boundary-line, which 

6236 runs due north from the mouth of the Great Auglaize River, six 

6237 miles south of the place where the base line, so called, inter- 

6238 sects the same : thence west sixty miles ; thence in a direct line 

6239 to the head of Thunder Bay River; thence down the same, fol- 

6240 lowing the courses thereof, to the mouth; thence northeast to 

6241 the boundary-line between the United States and the British 

6242 Province of Upper Canada ; thence with the same to the line 

6243 established by the treaty of Detroit, in the year one thousand 

6244 eight hundred and seven; thence with the said line to the place 

6245 of beginning. 

6246 Article 2. From the cession aforesaid the following tracts 

6247 of land shall be reserved for the use of the Chippewa Xation of 

6248 Indians : 

6249 One tract, of eight thousand acres, on the east side of the 

6250 river Au Sable, near where the Indians now live. 

6251 One tract, of two thousand acres, on the river Mesagwisk. 

6252 One tract, of six thousand acres, on the north side of the 

6253 river Kawkawling, at the Indian village. 

6254 One tract, of five thousand seven hundred and sixty acres, 

6255 upon the Flint River, to include Reaum"s village and a place 

6256 called Kishkawbawee. 

6257 One tract, of eight thousand acres, on the head of the river 

6258 Huron, which empties into the Saginaw River at the village of 

6259 Otusson. 

6260 One island in the Saginaw Bay. 

6261 One tract, of two thousand acres, where Xabobask formerly 

6262 lived. 



142 



6263 One tract, of one thousand acres, near the island in the 

6264 Saginaw River. 

6265 One tract, of six hundred and forty acres, at the bend of 

6266 the river Huron, which empties into the Saginaw River. 

6267 One tract, of two thousand acres, at the mouth of Point 

6268 Augrais River. 

6269 One tract, of one thousand acres, on the river Huron, at 

6270 Menoequet's village. 

6271 One tract, of ten thousand acres, on the Shawassee River, 

6272 at a place called the Big Rock. 

6273 One tract, of three thousand acres, on the Shawassee River, 

6274 at Ketchewaundaugenink. 

6275 One tract, of six thousand acres, at the Little Forks on the 

6276 Tetabawasink River. 

6277 One tract, of six thousand acres, at the Black Bird's town, 

6278 on the Tetabawasink River. 

6279 One tract, of forty thousand acres, on west side of the Sagi- 

6280 naw River, to be hereafter located. 

6281 Article 3. There shall be reserved, for the use of each of 

6282 the persons hereinafter mentioned and their heirs, which per- 

6283 sons are all Indians by descent, the following tracts of land: 

6284 For the use of John Riley, the son of Menawcuinegoqua, a 

6285 Chippewa woman, six hundred and forty acres of land, beginning 

6286 at the head of the first marsh above the mouth of the Saginaw 

6287 River, on the east side thereof. 

6288 For the use of Peter Riley, the son of Menawcumegoqua, a 

6289 Chippewa woman, six hundred and forty acres of land, beginning 

6290 above and adjoining the apple-trees on the west side of the Sagi- 

6291 naw River, and running up the same for quantity. 

6292 For the use of James Riley, the son of Menawcuinegoqua, a 

6293 Chippewa woman, six hundred and forty acres, beginning on the 

6294 east side of the SagiDaw River, nearly opposite to Campeau's 

6295 trading-house, and running up the river for quantity. 

6296 For the use of Kawkawiskou, or the Crow, a Chippewa chief, 

6297 six hundred and forty acres of land, on the east side of the Sagi- 

6298 naw River, at a place called Menitegow ? and to include, in the 

6299 said six hundred and forty acres, the island opposite to the said 

6300 place. 

6301 For the usa of Xowokeshik, Metawanene, Mokitcheuoqua, 

6302 Xoudashemau, Petabonaqua, Messawwakut, Checbalk, Kitche- 

6303 geequa, Sagosequa, Annoketoqua, and Tawcumegoqua, each, six 

6304 hundred and forty acres of land, to be located at and near the 

6305 grand traverse of the Flint River, in such manner as the Presi- 

6306 dent of the United States may direct. 

6307 For the use of the children of Bokowtonden, six hundred 

6308 and forty acres, on the Kawkawling River. 



143 



6309 Article 4. In consideration of the cession aforesaid, the 

6310 United States agree to pay to the Chippewa Nation of* Indians, 

6311 annually, forever, the sum of one thousand dollars in silver ; 

6312 and do also agree that all annuities due by any former treaty to 

6313 the said tribe shall be hereafter paid in silver. 

6314 Article 5. The stipulation contained in the treaty of 

6315 Greenville, relative to the right of the Indians to hunt upon 

6316 the land ceded, while it continues the property of the United 

6317 States, shall apply to this treaty; aud the Indians shall, for the 

6318 same term, enjoy the privilege of making sugar upon the same 

6319 land, committing no unnecessary waste upon the trees. 

6320 Article 6. The United States agree to pay to the Indians 

6321 the value of any improvements which they rnay be obliged to 

6322 abandon, in consequence of the lines established by this treaty. 

6323 and which improvements add real value to the land. 

6324 Article 7. The United States reserve to the proper author- 

6325 ity the right to make roads through any part of the land re- 

6326 served by this treaty. 

6327 Article 8. The United States engage to provide aud sup- 

6328 port a blacksmith for the Indians, at Saginaw, so long as the 

6329 President of the United States may think proper, and to fur- 

6330 nish the Chippewa Indians with such farming utensils and cat- 

6331 tie, and to employ such persons to aid them in their agriculture, 

6332 as the President may deem expedient. 

6333 Article 9. This treaty shall take effect, and be obligatory on 

6334 the contracting parties, so soon as the same shall be ratified by 

6335 the President of the United States, by and with the advice and 

6336 consent of the Senate thereof. 

6337 Proclaimed March 25, 1820. 

6338 Articles of a treaty made and concluded at the Sault de Saint Marie, 

6339 in the Territory of Michigan, between the United States, by 

6340 their commissioner, Lewis Cass, and the Chippeivay tribe of 

6341 Indians. 

6342 Article 1. The Chippeway tribe of Indians cede to the 

6343 United States the following tract of land : beginning at the Big 

6344 Rock in the river St. Mary's, on the boundary-line between 

6345 the United States and the British Province of Upper Canada : 

6346 and, running thence down the said river, with the middle thereof, 

6347 to the Little Rapid ) and, from those points, running back from 

6348 the said river, so as to include sixteen square miles of land. 

6349 Article 2. The Chippeway tribe of Indians acknowledge 

6350 to have received a quantity of goods in full satisfaction of the 

6351 preceding cessiou. 

6352 Article 3. The United States will secure to the Indians a 



144 



6353 perpetual right of fishing at the falls of Saint Mary's, and also 

6354 a place of encampment upon the tract hereby ceded, convenient 

6355 to the fishing ground, which place shall not interfere with the 

6356 defenses of auy military work which may be erected, nor with 

6357 any private rights. 

635S Article 4. This treaty, after the same shall be ratified by 

6359 the President of the United States, by and with the advice and 

6360 consent of the Senate thereof, shall be obligatory on the con- 

6361 tracting parties. 

6362 Proclaimed March 2, 1821. 

6363 Articles of a treaty made and concluded at the Font du Lac of Lake 

6364 Superior, this fifth day of August, in the year of our Lord one 

6365 thousand eight hundred and twenty-six, between Lewis Cass and 

6366 Thomas L. McKenney, commissioners on the part of the United 

6367 States, and the Chippewa tribe of Indians, 

6368 Whereas a treaty was concluded at Prairie du Chien in Au- 

6369 gust last, by which the war, which has been so long carried on, 

6370 to their mutual distress, between the Chippewas and Sioux, was 

6371 happily terminated by the intervention of the United States ; 

6372 and whereas, owing to the remote and dispersed situation of the 

6373 Chippewas, full deputations of their different bands did not 

6374 attend at Prairie du Chien, which circumstance, from the loose 

6375 nature of the Indian government, would render the treaty of 

6376 doubtful obligation with respect to the bands not represented ; 

6377 and whereas, at the request of the Chippewa chiefs, a stipula- 

6378 tion was inserted in the treaty of Prairie du Chien, by which 

6379 the United States agreed to assemble the Chippewa tribe upon 

6380 Lake Superior during the preseut year, in order to give full 

6381 effect to the said treaty, to explain its stipulations, and to call 

6382 upon the whole ChipjDewa tribe, assembled at their general 

6383 council-fire, to give their formal assent thereto, that the peace 

6384 which has been concluded may be rendered permanent : There- 

6385 fore— 

6386 Article 1. The chiefs and warriors of the Chippewa tribe 

6387 of Indians hereby fully assent to the treaty concluded in August 

6388 last at Prairie du Chien, and engage to observe and fulfil the 

6389 stipulations thereof. 

6390 Article 2. A deputation shall be sent by the Chippewas 

6391 to the treaty to be held in 1827, at Green Bay, with full power 

6392 to arrange and fix the boundary-line between the Chippewas 

6393 and the Winnebagoes and Menomonees, which was left incom- 

6394 plete by the treaty of Prairie du Chien, in consequence of the 

6395 non-attendance of some of the principal Menomonee chiefs. 

6396 Article 3. The Chippewa tribe grant to the Government 



145 



6397 of the United States the right to search for, and cany away, 

6398 any inetals or minerals from any part of their country. But 

6399 this grant is not to affect the title of the land nor the existing 

6400 jurisdiction over it. 

6401 Article 4. It being deemed important that the half-breeds 

6402 scattered through this extensive country should be stimulated 

6403 to exertion and improvement by the possession of permanent 

6404 property and fixed residences, the Chippewa tribe, in consider- 

6405 ation of the affection they bear to these persons, and of the 

6406 interest which they feel in their welfare, grant to each of the 

6407 persons described in the schedule hereunto annexed, being half- 

6408 breeds and Ohippewas by descent, and it being understood that 

6409 the schedule includes all of this description who are attache'd 

6410 to the Government of the United States, six hundred and forty 

6411 acres of land, to be located, under the direction of the Presi- 
6442 dent of the United States, upon the islands and shore of the 

6413 St. Mary's Eiver, wherever good land enough for this purpose 

6414 can be found ; and as soon as such locations are made, the juris- 

6415 diction and soil thereof are hereby ceded. It is the intention 

6416 of the parties that, where circumstances will permit, the grants 

6417 be surveyed in the ancient French manner, bounding not less 

6418 than six arpens nor more than ten upon the river, and running 

6419 back for quantity ; and that where this cannot be done, such 

6420 grants be surveyed in any manner the President may direct. 

6421 The locations for Oshauguscodaywayqua and her descendants 

6422 shall be adjoining the lower part of the military reservation, 

6423 and upon the head of Sugar Island. The persons to whom 

6424 grants are made shall not have the privilege of conveying the 

6425 same without the permission of the President. 

6426 Article 5. In consideration of the poverty of the Chippe- 

6427 was, and of the sterile nature of the country they inhabit, unlit 

6428 for cultivation, and almost destitute of game, and as a proof of 

6429 regard on the part of the United States, it is agreed that an 

6430 annuity of two thousand dollars, in money or goods, as the 

6431 President may direct, shall be paid to the tribe, at the Sault St. 

6432 Marie. But this annuity shall continue only during the pleas- 

6433 ure of the Congress of the United States. 

6434 Article 6. With a view to the improvement of the Indian 

6435 youths, it is also agreed that an annual sum of one thousand 

6436 dollars shall be appropriated to the support of an establishment 

6437 for their education, to be located upon some part of the St. 

6438 Mary's Eiver, and the money to be expended under the direc 

6439 tion of the President ; and for the accommodation of such school, 

6440 a section of land is hereby granted. But the payment of the 

6441 one thousand dollars stipulated for in this article is subject to 

6442 the same limitation described in the preceding article. 

49 I T 



146 



6143 Article 7. The necessity for the stipulations in the fourth, 

6444 fifth, and sixth articles of this treaty could be fully apparent 

6445 only from personal observation of the condition, prospects, and 

6446 wishes of the Chippewas, and the commissioners were therefore 

6447 not specifically instructed upon the subjects therein referred to; 

6448 but seeing the extreme poverty of these wretched people, fiud- 

6449 iug them almost naked and starving, and ascertaining that 

6450 many perished during the last winter, from hunger and cold, 

6451 they were induced to insert these articles. But it is expressly 

6452 understood and agreed that the fourth, fifth, and sixth articles, 

6453 or either of them, may be rejected by the President and Senate, 
5454 without affecting the validity of the other articles of the treaty. 

6455 Article 8. The Chippewa tribe of Indians fully acknowl- 

6456 edge the authority and jurisdiction of the United States, and 

6457 disclaim all connection with any foreign power, solemnly prorn- 

6458 ising to reject any messages, speeches, or councils, incompatible 

6459 with the interest of the United States, and to communicate in- 

6460 formation thereof to the proper agent, should any such be deliv- 

6461 ered or sent to them. 

6462 Article 9. This treaty, after the same shall be ratified 

6463 by the President and Senate of the United States, shall be oblig- 

6464 atory on the contracting parties. 

6465 Proclaimed February 27, 1827. 



6466 Supplementary Article. 

6467 As the Chippewas who committed the murder upon four 

6468 American citizens, in June, 1824, upon the shores of Lake Pepin, 

6469 are not present at this council, but are far in the interior of the 

6470 country, so that they cannot be apprehended and delivered to 

6471 the proper authority before the commencement of the next suin- 

6472 mer; and as the commissioners have been specially instructed 

6473 to demand the surrender of these persons, and to state to the 

6474 Chippewa tribe the consequence of suffering such a flagitious 

6475 outrage to go unpunished, it is agreed that the persons guilty 

6476 of the beforementioned murder shall be brought in, either to the 

6477 Sault St. Marie or Green Bay, as early next summer as practi- 

6478 cable, and surrendered to the proper authority ; and that, in the 

6479 mean time, all further measures on the part of the United States 

6480 in relation to this subject shall be suspended. 

6481 Schedule referred to in the preceding treaty. 

6482 To Oshauguscodaywagqua, wife of John Johnston, esq., to 

6483 each of her children, and to each of her grandchildren, one sec- 

6484 tion. 



147 



6485 To Saugemauqua, widow of the late John Baptiste Cadotte, 

6486 and* to her children, Louison, Sophia, Archangel, Edward, and 

6487 Polly, one section each. 

6488 To Keneesequa, wife of Samuel Ashman, and to each of her 

6489 children, one section. 

6490 To Teegaushau, wife of Charles H. Oakes, and to each of her 

6491 children, one section. 

6492 To Thomas Shaw, son of Obimetnnoqua, and to his wife 

6493 Mary, being also of Indian descent, each one section. 

6494 To Fanny Levake, daughter of Meeshwauqua, and to each 

6495 of her children, one section. 

f>496 To Obayshauuoquotoqua, wife of Francis Goolay, jr., one 

6497 section. 

6498 To Omuckackeence, wife of John Holiday, and to each of 

6499 her children, one section. 

6500 To Obiinegeezhigoqua, wife of Joseph Due Cheue, jr., and 

6501 to each of her children, one section. 

6502 To Monedoqua, wife of Charles Cloutier, one section. 

6503 To Susan Yarns, daughter of Odanbitogeezhigoqua, one 

6504 section. 

6505 To Henry Sayer and John Sayer, sons of Obemau unoqua, 

6506 each one section. 

6507 To each of the children of John Tanner, being of Chippewa 

6508 descent, one section. 

6509 To Wassidjeewunoqua, and to each of her children, by 

6510 George Johnston, one section. 

6511 To Michael Cadotte, senior, son of Equawaice, one section. 

6512 To Equaysayway, wife of Michael Cadotte, senior, and to 

6513 each of her children living within the United States, one see- 

6514 tion. 

6515 To each of the children of Charlotte Warren, widow of the 

6516 late Truman A. Warren, one section. 

6517 To Mary Chapman, daughter of Equameeg, and wife of 

6518 Bela Chapman, and to each of her children, one section. 

6519 To Saganoshequa, wife of John H. Fairbanks, and to each 

6520 of her children, one section. 

6521 To Shaughunomonee, wife of William Morrison, and to each 

6522 of her children, one section. 

6523 To each of the children of the late Ingwaysuh, wife of Jo- 

6524 seph Cote, one section. 

6525 To each of the children of Angelique CoU'\ late wife of 

6526 Pierre Cote, one section. 

6527 To Pazhikwutoqua, wife of William Aitken. and to each of 

6528 her children, one section. 

6529 To Susan Davenport, grand-daughter of Misquabunoqua, 



148 



6530 ami wife of Ambrose Davenport, and to each of her children, 

6531 one section. 

6532 To Waubunequa, wife of Augustin Belanger, and to each 

6533 of her children, one section. 

6534 To Charlotte Louisa Morrison, wife of Allan Morrison, and 

6535 daughter of Manitowidjewung, and to each of her children, one 

6536 section. 

6537 To each of the children of Eustace Roussain, by Shauwu- 

6538 naubuuoqua, Wauwaussumoqua, and Payshaubuuoqua, one sec- 

6539 tion. 

6540 To Isabella Dingley, wife of Daniel Dingley, and daughter 

6541 of Pimegeezhigoqua, and to each of her children, one section. 

6542 To George Birkhead, being a Chippewa by descent, one 

6543 section. 

6544 To Susan Conner, wife of Thomas Conner, and daughter of 

6545 Pimegeezhigoqua, and to each of her children, one section. 

6546 To the children of George Ermatinger, being of Shawnee 

6547 extraction, two sections collectively. 

6548 To Ossinahjeeuuoqua, wife of Michael Cadotte, jr., and to 

6549 each of her children, one section. 

6550 To Minedemoeyah, wife of Pierre D aver nay, one section. 

6551 To Ogeemaugeezhigoqua, wife of Basil Boileau, one sec- 

6552 tion. 

6553 To Wauneaussequa, wife of Paul Boileau, one section. 

6554 To Kaukaubesheequa, wife of John Baptiste Corbean, one 

6555 section. 

6556 To John Baptiste Du Chene, son of Pimegeizhigoqua, one 

6557 section. 

6558 To each of the children of Ugwndaush.ee, by the late Tru 

6559 man A. Warren, one section. 

6560 To William Warren, son of Lyman M. Warren and Mary 

6561 Cadotte, one section. 

6562 To Antoine, Joseph, Louis, Chalot, and Margaret Charette, 

6563 children of Equameeg, one section. 

6564 To the children of Francois Boutcher, by Waussequa, each 

6565 one section. 

6566 To Angelique Brabent, daughter of Waussegundum, and 

6567 wife of Alexis Brabent, one section. 

6568 To Odishqua, of Sault St. Marie, a Chippewa of unmixed 

6569 blood, one section. 

6570 To Pamidjeewung, of Sault St. Marie, a Chippewa of un- 

6571 mixed blood, one section. 

6572 To Waybossinoqua and John J. Wayishkee, children of 

6573 Wayishkee, each one section. 

6574 LEWIS CASS, 

0575 THOS. L. M'KENNEY. 



149 



6576 Articles of 'a treaty made and concluded at St. Peters (the conflu- 

6577 ence of the St. Peters and Mississippi Rivers) vn the Territory 
657$ of Wisconsin, between the United States of America, by their 

6579 commissioner, Henry Dodge, governor of said Territory, and 

6580 the Chippewa Nation of Indians, by their chiefs and head- 

6581 men. 

6582 Article 1. The said Chippewa Nation cede to the Orated 

6583 States all that tract of country included within the following 

6584 boundaries : 

6585 Beginning at the junction of the Crow Wing and Missis- 

6586 sippi Ewers, between twenty and thirty miles above where the 

6587 Mississippi is crossed by the forty-sixth parallel of north lati- 

6588 tude, and running thence to the north point of Lake St. Croix, 

6589 one of the sources of the St. Croix River; thence to and along 

6590 the dividing ridge between the waters of Lake Superior and 

6591 those of the Mississippi, to the sources of the Ocha-sua-sepe, a 

6592 tributary of the Chippewa Eiver ; thence to a point on the 

6593 Chippewa River, twenty miles below the outlet of Lake Do 

6594 Flambeau; thence to the junction of the Wisconsin and Pelican 

6595 Rivers ; thence on an east course twenty-five miles ; thence 

6596 southerly, on a course parallel with that of the Wisconsiu 

6597 River, to the line dividing the territories of the Chippewas and 

6598 Menomonies ; thence to the Plover Portage ; thence along the 

6599 southern boundary of the Chippewa country, to the commence- 

6600 ment of the boundary-line dividing it from that of the Sioux, 

6601 half a day's march below the falls on the Chippewa River: 

6602 thence with said boundary-line to the mouth of Wah-tap River 

6603 at its junction with the Mississippi ; and thence up the Missis 

6604 sippi to the place of beginning. 

6605 Article 2. In consideration of the cession aforesaid, the 

6606 United States agree to make to the Chippewa Nation, annually, 

6607 for the term of twenty years, from the date of the ratification of 

6608 this treaty, the following payments : 

6609 1. Nine thousand five hundred dollars, to be paid in money. 

6610 2. Nineteen thousand dollars, to be delivered in goods. 

6611 3. Three thousand dollars for establishing three blacksmitl is 

6612 shops, supporting the blacksmiths, and famishing them with 

6613 iron and steel. 

6614 4. One thousand dollars for farmers, and for supplying them 

6615 and the Indians with implements of labor, with grain or seed : 

6616 and whatever else may be necessary to enable them to carry on 

6617 their agricultural pursuits. 

6618 5. Two thousand dollars in provisions. 

6619 6. Five hundred dollars in tobacco. 

6620 The provisions and tobacco to be delivered ar the same 



150 



6621 time with the goods, and the money to be paid ; which time or 

6622 times, as well as the place or places where they are to be deliv- 

6623 eredj shall be fixed upon under the direction of the President ot 
6621 the United States. 

6625 The blacksmiths-shops to be placed at such points in the 

6626 Chippewa country as shall be designated by the superintendent 

6627 of Indian affairs, or under his direction. 

662S If, at the expiration of one or more years, the Indians 

6629 should prefer to receive goods, instead of the nine thousand 

6630 dollars agreed to be paid to them in money, they shall be at lib- 

6631 erty to do so. Or, should they conclude to appropriate a por- 

6632 tion of that annuity to the establishment and support of a school 

6633 or schools among them, this shall be granted them. 

6631 . Article 3. The sum of one hundred thousand dollars shall 

6635 be paid, by the United States, to the half-breeds of the Chip- 

6636 pewa Nation, under the direction of the President. It is the 

6637 wish of the Indians that their two sub-agents, Daniel P. Bush- 

6638 nell and Miles M. Vineyard, superintend the distribution of 

6639 this money among their half-breed relations. 

6610 Article 1. The sum of seventy thousand dollars shall 

6611 be applied to the payment, by the United States, of certain 

6612 claims against the Indians; of which amount twenty-eight 

6613 thousand dollars shall, at their request, be paid to William A- 
6611 Aitkin, twenty-five thousand to Lyman M. Warren, and the bal- 
6645 ance applied to the liquidation of other just demands against 

6616 them — which they acknowledge to be the case with regard to 

6617 that presented by Hurcules L. Dousman, for the sum of five 

6618 thousand dollars ; and they request that it be paid. 

6619 Article 5. The privilege of hunting, fishing, and gathering 

6650 the wild rice upon the lands, the rivers, and the lakes included in 

6651 the territory ceded, is guaranteed to the Indians daring the 

6652 pleasure of the President of the United States. 

6653 Article 6. This treaty shall be obligatory from and after 
6651 its ratification by the President and Senate of the United States. 
6655 Proclaimed June 15, 1828. 

0656 CHIPEWAS, OTTAWAS, AND POTTO WOTOMIES. 

6657 A treaty of peace, friendship, «nd limits, made and concluded 

6658 between Ninian Edwards, William Clark, and Auguste 

6659 Chouteau, commissioners plenipotentiary of the United States 

6660 of America, on the part and behalf of said States, of the 

6661 one part, and the chiefs and warriors of the united tribes oj 

6662 Ottawas, Chipawas, and Potto wotomees, residing on the Illinois 

6663 and Melicahee Rivers, and their waters, and on the south western 

6664 parts of Lahe Michigan, of the other part. 



151 



66(35 Whereas a serious dispute has for sometime pasi existed 

6666 between the contracting parties relative to the right to a pari 

6667 of the lands ceded to the United States by the tribes of Sacs 
666S and Foxes, on the third day of November, one thousand eighl 

6669 hundred and four, and both parties being desirous of preserving 

6670 a harmonious and friendly intercourse, and of establishing per- 

6671 manent peace and friendship, have, for the purpose of removing 

6672 all difficulties, agreed to the following terms : 

6673 Article 1. The said chiefs and warriors, for themselves 

6674 and the tribes they represent,, agree to relinquish, and hereby 

6675 do relinquish, to the United States, all their right, claim, and 

6676 title to all the land contained in the before-mentioned cession 

6677 of the Sacs and Foxes, which lies south of a due west line from 

6678 the southern extremity of Lake Michigan to the Mississippi 

6679 Eiver. And they moreover cede to the United States all the 

6680 land contained in the following bounds, to wit : beginning on 

6681 the left bank of the Fox Eiver of Illinois, ten miles above the 

6682 mouth of said Fox Eiver ; thence running so as to cross Sandy 

6683 Creek, ten miles above its mouth • thence, in a direct line, to a 

6684 point ten miles north of the west end of the portage between 

6685 Chicago Creek, which empties into Lake Michigan, and the river 

6686 Depleine, a fork of the Illinois ; thence, in a direct line, to a 

6687 point on Lake Michigan, ten miles northward of the mouth of 

6688 Chicago Creek ; thence, along the lake, to a point ten miles 

6689 southward of the mouth of the said Chicago Creek j thence, 

6690 in a direct line, to a point on the Kankakee, ten miles above its 

6691 mouth ; thence, with the said Kankakee and the Illinois Eiver, 

6692 to the mouth of Fox Eiver, and thence to the beginning : Pro- 

6693 vided, nevertheless, That the said tribes shall be permitted to 

6694 hunt and to fish within the limits of the land hereby relin- 

6695 quished and ceded, so long as it may continue to be the property 

6696 of the United States. 

6697 Article 2. In consideration of the aforesaid relinquishment 

6698 and cession, the United States have this day delivered to said 

6699 tribes a considerable quantity of merchandise, and do agree to 

6700 pay them, annually, for the term of twelve years, goods to the 

6701 value of one thousand dollars, reckoning that value at the first 

6702 cost of the goods in the city or place in which they shall be pur- 

6703 chased, without any charge for transportation ; which said 

6704 goods shall be delivered to the said tribes at some place on the 

6705 Illinois Eiver, not lower down than Peoria. And the said United 

6706 States do moreover agree to relinquish to the said tribes all the 

6707 land contained in the aforesaid cession of the Sacs and Foxes. 

6708 which lies north of a due west line from the southern extremity 

6709 of Lake Michigan to the Mississippi Eiver, except three leagues 

6710 square at the mouth of the Ouisconsing Eiver, including both 



152 



6711 banks, and such other tracts, on or near to the Ouiseousing and 

6712 Mississippi Rivers, as the President of the United States may 

6713 think proper to reserve : Provided, That such other tracts shall 
6711 not in the whole exceed the quantity that would be contained in 

6715 live leagues square. 

6716 Article 3. The contracting parties, that peace and friend 

6717 ship may be permanent, promise that in all things whatever 

6718 they will act with justice and correctness toward each other, 

6719 and that they will, with perfect good faith, fulfill all the obliga- 

6720 tions imposed upon them by former treaties. 

6721 Proclaimed December 30, 1836. 

6722 Articles of a treaty made and concluded at Chicago, in the State of 

6723 Illinois, between Leivis Cass and Solomon Sibley, commissioners 
6721 of the United States, and the Ottawa, Chippewa, and Pottawata- 

6725 mie Nations of Indians. 

6726 Article 1. The Ottawa, Chippewa, and Pottawatamie Na. 
6726 tions of Indians cede to the United States all the land compre- 

6728 hended within the following boundaries: Beginning at a point 

6729 on the south bank of the river St. Joseph of Lake Michigan, 

6730 near the Pare aux Yaches, due north from Bum's Village, and 

6731 running thence south to a line drawn due east from the southern 

6732 extreme of Lake Michigan, thence with the said line east to the 

6733 tract ceded by the Pottawatamies to the United States by the 
6731 treaty of Fort Meigs in 1817, if the said line should strike the 

6735 said tract, but if the said line should pass north of the said tract, 

6736 then such line shall be continued until it strikes the western 

6737 boundary of the tract ceded to the United States by the treaty 

6738 of Detroit in 1807, and from the termination of the said line, 

6739 following the boundaries of former cessions, to the main branch 

6710 of the Grand River of Lake Michigan, should any of the said 

6711 lines cross the said river, but if none of the said lines should cross 

6712 the said river, then to a point due east of the source of the 
6743 said main branch of the said river, and from such point due west 

6714 to the source of the said principal branch, and from the crossing 

6745 of the said river, or from the source thereof, as the case may be, 

6746 down the said river, on the north bank thereof, to the mouth ; 

6747 thence following the shore of Lake Michigan to the south bank 

6748 of the said river St. Joseph, at the mouth thereof, and thence 

6749 with the said south bank to the place of beginning. 

6750 Article 2. Prom the cession aforesaid, there shall be re 

6751 served, for the use of the Indians, the following tracts : 

6752 One tract at Mang-ach qua Village, on the river Peble, of 

6753 six miles square. 

6754 One tract at Mick-ke-saw-be, of six miles square. 



153 



6755 One tract at the village of Na-to-wa se pe, of four miles 

G756 square. 

6757 One tract at the village of Prairie Roride, of three miles 

6758 square. 

6759 One tract at the village of Match-e-be-narli-she-wisb, at the 

6760 head of the Kekalamazoo Eiver. 

6761 Article 3. There shall be granted by the United States to 

6762 each of the following persons, being all Indians by descent, and 

6763 to their heirs, the following tracts of land : 

6764 To John Burnet, two sections of land. 

6765 To James Burnet, Abraham Burnet, Kebecca Burnet, and 

6766 Nancy Burnet, each one section of land 5 which said John, 

6767 James, Abraham, Rebecca, and Fancy, are children of Kaw. 

6768 kee-nie, sister of Top-ni-be, principal chief of the Potwatamie 

6769 Nation. 

6770 The land granted to the persons immediately preceding shall 

6771 begin on the north bank of the river St. Joseph, about two 

6772 miles from the mouth, and shall extend up and back from the 

6773 said river for quantity. 

6774 To John B. La Lime, son of Noke-no qua, one-half of a sec- 

6775 tion of land, adjoining the tract before granted, and on the upper 

6776 side thereof. 

6777 To Jean B. Chandonai, son of Chi pe-wa qua, two sections 

6778 of land, on the river St. Joseph, above and adjoining the tract 

6779 granted to J. B. La Lime, 

6780 To Joseph Daze, son of Ohip-pe-wa-qua, one section of land 

6781 above and adjoining the tract granted to Jean B. Chandonai. 

6782 To Monguago, one-half of a section of land, at Mish-she-wa- 

6783 ko-kink. 

6784 To Pierre Moran or Peeresh, a Potawatamie chief, one sec- 

6785 tion of land, and to his children two sections of "land, at the 

6786 mouth of the Elk-heart Kiver. 

6787 To Pierre Le Clerc, son of Moi-qua, one section of laud on 

6788 the Elk-heart River, above and adjoining the tract granted to 

6789 Moran and his children. 

6790 The section of land granted by the treaty of St. Mary's, 111 

6791 1818, to Peeresh or Perig, shall be granted to Jean B. Cicot, son 

6792 of Pe-say-quot, sister of the said Peeresh, it having been so in- 

6793 tended at the execution of the said treaty. 

6794 To O-she-ak-ke-be or Benac, one-half of a section of land on 

6795 the north side of the Elk-heart River, where the road from Chi- 

6796 cago to Fort Wayne first crosses the said river. 

6797 To Me-naw-che, a Potawatamie woman, one half of a section 

6798 of land on the eastern bank of the St. Joseph, where the road 

6799 from Detroit to Chicago first crosses the said river. 

6S00 To Theresa Chandler or To-e-ak-qui. a Potawatamie woman, 
20 1 T 



154 



6801 and to her daughter Betsey Fisher, one section of land on the 

6802 south side of tbe Grand River, opposite to the Spruce Swamp. 

6803 To Charles Beaubien and Medart Beaubien, sons of Man-na- 

6804 ben-a-qua, each one-half of a section of land near the village of 

6805 Ke-wi-go-shkeem, on the Washtenaw River. 

6806 To Antoine Roland,- son of Lgat-pat-a-wat-a-mie-qua, one- 
6S07 half of a section of land adjoining and below the tract granted 

6808 to Pierre Moran. 

6809 To William Knaggs or Was-es-kuk-son, son of Ches-qua, 

6810 one-half of a section of laud adjoining and below the tract 

6811 granted to Antoine Roland. 

6812 To Madeline Bert rand, wife of Joseph Bertrand, a Potawata- 

6813 mie woman, one section of land at the Pare aux Yaches, on the . 
6811 north side of the river St. Joseph. 

6815 To Joseph Bertrand, junior, Benjamin Betrand, Laurent 

6816 Betrand, Theresa Bertrand, and Amable Bertrand, children of 

6817 the said Madeline Bertrand, each one-half of a section of land at 

6818 the portage of the Kankakee River. 

6819 To John Riley, son of Me-naw-cum-a-go-quoi, one section of 

6820 land, at the mouth of the river An Foin, on the Grand River, 

6821 and extending up the said river. 

6822 To Peter Riley, the son of Me-naw-eum-e-go-qua, one section 

6823 of land, at the mouth of the river An Foin, on the Grand River, 
6821 and extending down the said river. 

6825 To Jean B. Le Clerc, son of Moi-qua, one-half of a section 

6826 of land, above and adjoining the tract granted to Pierre Le 

6827 Clerc, 

6828 To Joseph La Framboise, son of Shaw-we-no-qua, one sec- 

6829 tion of land upon the south side of the river St. Joseph, and ad- 

6830 joining on the upper side the land ceded to the United States, 

6831 which said section is also ceded to the L r nited States. 

6832 The tracts of land herein stipulated to be granted shall 

6833 never be leased or conveyed by the grantees or their heirs to 
6831 any persons whatever, without the permission of the President 

6835 of the United States. And such tracts shall be located after the 

6836 said cession is surveyed, and in conformity with such surveys as 

6837 near as may be, and in such manner as the President may 

6838 direct. 

6839 Article 1. In consideration of the cession aforesaid,- the 

6810 United States engage to pay to the Ottawa nation one thousand 

6811 dollars in specie annually forever, and also to appropriate 

6812 annually, for the term of ten years, the sum of fifteen hundred 

6813 dollars, to be expended as the President may direct, in the sup- 
6811 port of a blacksmith, of a teacher, and of a person to instruct 

6815 the Ottawas in agriculture and in the purchase of cattle and 

6816 farming-utensils. And the United States also engage to pay to 



155 



6817 the Potawatamie Nation five thousand dollars in specie, annually, 

681S for the term of twenty years, and also to appropriate annually, 

6819 for the term of fifteen years, the sum of one thousand dollars, to 

6850 be expended as the President may direct, in the support of a 

6851 blacksmith and a teacher. And one mile square shall be 
G852 selected, under the direction of the President, on the north side 
G853 of the Grand Eiver, and one mile square on the south side of the 
6854 St. Joseph, and within the Indian lands not ceded, upon which 
6800 the blacksmiths and teachers employed for the said tribes, re- 

6856 spectively, shall reside. 

6857 Article 5. The stipulation contained in the treaty of Green- 

6858 ville, relative to the right of the Indians to hunt upon the land 

6859 ceded while it continues the property of the United States, shall 
6S60 apply to this treaty. 

6861 Article 6. The United States shall have the privilege of 

6862 making and using a road through the Indian country, from De 

6863 troit and Fort Wayne, respectively, to Chicago. 

6861 Article 7. This treaty shall take effect and be obligatory 

6865 on the contracting parties so soon as the same shall be ratified 
by the President of the United States, by and with the advice 

6867 and consent of the Senate thereof. 

6868 Proclaimed March 25, 1832. 

6869 Treaty ivith the Sioux and Chippewas, Sacs and Fox, Menominie 

6870 loway, Sioux, Winnebago, and a portion of the Ottawa. Chip- 

6871 pewa, and Potaicattomie tribes. 

6872 The United States of America have seen with much regret 

6873 that wars have for many years been carried on between the 
6871 Sioux and the Chippewas, and more recently between the cou- 

6875 federated tribes of Sacs and Foxes and the Sioux; and also 

6876 between the Ioways and Sioux; which, if not terminated, may 

6877 extend to the other tribes, and involve the Indians upon the 

6878 Missouri, the Mississippi, and the Lakes, in general hostilities. 

6879 In order, therefore, to promote peace among these tribes, and to 

6880 establish boundaries among them and the other tribes who live 

6881 in their vicinity, and thereby to remove all causes of future dif- 

6852 ficulty, the United States have invited the Chippewa, Sac, and 
6883 Fox, Menominie, Ioway, Sioux, Winnebago, and a portion of the 
6881 Ottowa, Chippewa, [and Potawatomie tribes of Indians living 

6885 upon the Illinois, to assemble together, and in a spirit of mutual 

6886 conciliation to accomplish these objects j and to aid therein, have 

6887 appointed William Clark and Lewis Cass, commissioners on their 

6888 part, who have met the chiefs, warriors, and representatives of 

6889 the said tribes, and portion of tribes, at Prairie des Chieus, in the 

6890 Territory of Michican, and after full deliberation, the said tribes , 



4 



156 

6891 and portion of tribes, have agreed with the United States, and 

6802 TN'itli one another, upon the following articles: 

(3893 Aeticle 1. There shall be a firm and perpetual peace 

6S91 "between the Sioux and Chippewas ; between the Sioux and the 

6895 confederated tribes of Sacs and Foxes ; and between the Ioways 

6896 and the Sioux. 

6897 Aeticle 2. It is agreed between the confederated tribes of 

6898 the Sacs and Foxes, and the Sioux, that the line between their 

6899 respective countries shall be as follows: Commencing at the 

6900 mouth of the Upper Ioway Eiver, on the west bank of the Mis- 

6901 sissippi, and ascending the said Ioway Eiver, to its left fork : 

6902 thence up that fork to its source : thence crossing the fork of 

6903 Eecl Cedar Eiver, in a direcOine to the second or upper fork of 
6901 the Desinoines Eiver ; and thence in a direct line to the lower 

6905 fork of the Calumet Eiver ; and down that river to its juncture 

6906 with the Missouri Eiver. But the Yancton band of the Sioux 

6907 tribe, being principally interested in the establishment of the 

6908 line from the forks of the Desmoines to the Missouri, and not 

6909 being sufficiently represented to render the definitive establish- 

6910 ment of that line proper, it is expressly declared that the line 

6911 from the forks of the Desmoines to the forks of the Calumet 

6912 Eiver, and down that river to the Missouri, is not to be eon- 

6913 sidered as settled until the assent of the Yancton band shall be 
6911 given thereto. And if the said band should refuse their assent, 

6915 the arrangement of that portion of the 'boundary-line shall be 

6916 void, and the rights of the parties to the country bounded 

6917 thereby shall be the same as if no provision had been made for 

6918 the extension of the line west of the forks of the Desmoines. 

6919 And the Sacs and Foxes relinquish to the tribes interested 

6920 therein all their claim to land on the east side of the Mississippi 

6921 Eiver. 

6922 Aeticle 3. The Ioways accede to the arrangement between 

6923 the Sacs and Foxes and the Sioux ; but it is agreed between the 
6921 Ioways and the confederated tribes of the Sacs and Foxes that 

6925 the Ioways have a just claim to a portion of the country between 

6926 the boundary-line described in the next preceding article and 

6927 the Missouri and Mississippi ; and that the said Ioways and 

6928 Sacs and Foxes shall peaceably occupy the same until some 

6929 satisfactory arrangement can be made between them for a division 

6930 of their respective claims to country. 

6931 Aeticle 1. The Ottoes not being represented at this coun- 

6932 cil, and the commissioners for the United States being anxious 

6933 that justice should be done to all parties, and having reason to 
6934- believe that the Ottoes have a just claim to a portion of the 

6935 country upon the Missouri, east and south of the boundary-line 

6936 dividing; the Sacs and Foxes and the Ioways from the Sioux, it 



157 



G937 is agreed between the parties interested therein, and the United 

6933 States, that the claim of the Ottoes shall not be affected by any - 

6939 thing herein contained ; but the same shall remain as valid as if 

6940 this treaty had not been formed. 

6941 Article 5. It is agreed between the Sioux and the Ghip- 

6942 pewas that the line dividing their respective countries shall 

6943 commence at the Chippewa Eiver, half a day's march below the 

6944 falls; and from thence it shall run to Red Cedar Eiver, immedi- 

6945 ately below the falls 5 from thence to the St. Croix Eiver, 

6946 which it strikes at a place called the Standing Cedar, about a 

6947 day's paddle in a canoe above the lake at the mouth of that 

6948 river ; thence passing between two lakes called by the Chippewas 

6949 " Green Lakes," and by the Sioux " the Lakes they bury the 

6950 Eagles in," and from thence to the Standing Cedar that "the 

6951 Sioux Split f thence to Earn Eiver, crossing it at the mouth of a 

6952 small creek called Choaking Creek, a long day's march from the 

6953 Mississippi; thence to a point of woods that projects into the 

6954 prairie half a day's march from the Mississippi ; thence in a 

6955 straight line to the mouth of the first river which enters the 

6956 Mississippi on its west side above the mouth of Sac Eiver; 

6957 thence ascending the said river (above the mouth of Sac Eiver) 

6958 to a small lake at its source; thence in a direct line to a lake at 

6959 the head of Prairie Eiver, which is supposed to enter the Crow 

6960 Wing Eiver on its south side ; thence to Otter-Tail Lake Portage ; 

6961 thence to said Otter-Tail Lake, and down through the middle 

6962 thereof to its outlet; thence in a direct line, so as to strike 

6963 Buffalo Eiver half way from its source to its mouth, and down 

6964 the said river to Eed Eiver ; thence descending Eed Eiver to 

6965 the mouth of Outard or Goose Creek. The eastern boundary of 

6966 the Sioux commences opposite the mouth of Ioway Eiver, on the 

6967 Mississippi, runs back two or three miles to the bluffs, follows 

6968 the bluffs, crossing Bad Axe Eiver to the mouth of Black Elver, 

6969 and from Black Eiver to half a day's march below the falls of 

6970 the Chippewa Eiver. 

6971 Article 6. It is agreed between the Chippewas and Win- 

6972 nebagoes, so far as they are mutually interested therein, that the 

6973 southern boundary-line of the Chippewa country shall commence 

6974 on the Chippewa Eiver aforesaid, half a day's march below the 

6975 falls of that river, and run thence to the source of Clear Water 

6976 Eiver, a branch of the Chippewa ; thence south to Black Eiver: 

6977 thence to a point where the woods project into the me'dows, 

6978 and thence to the Plover Portage of the Ouisconsiu. 

6979 Article 7. It is agreed between the Winnebagoes and the 

6980 Sioux, Sacs and Foxes, Chippewas and Ottawas, Chippewas and 

6981 Potawatomies of the Illinois, that the Winnebago country shall 

6982 be bounded as follows; Southeasterly by Rock River, (Vomits 



158 



G9S3 source near the Winnebago Lake, to the Winnebago village, 

69S1 about forty miles above its mouth; westerly by the east line 

6985 of the tract, lying upon the Mississippi, herein secured to the 

6956 Ottawa, Chippewa, and Potawatoinie Indians of the Illinois : 

6957 and also by the high bluff described in the Sioux boundary, and 
69SS running north to Black Elver ; from this point the Winnebagoes ' 
6989 claim up Black Biver to a point due west from the source of the 
G990 left fork of the Ouisconsin ; thence to the source of the said fork, 

6991 and down the same to the Ouisconsin; thence down the Ouis- 

6992 cousin to the portage, and across the portage to Fox Biver; 

6993 thence down Fox Biver to the Winnebago Lake, and to the 

6994 grand Kan Kanlin, including in their claim the whole of 

6995 Winnebago Lake; but, for the causes stated in the next article, 

6996 this line from Black Biver must, for the present, be left inde- 

6997 terminate. 

6998 Article 8. The representatives of the Meuominies not be- 

6999 ing sufficiently acquainted with their proper boundaries to settle 

7000 the same definitively, and some uncertainty existing in conse- 

7001 quence of the cession made by that tribe upon Fox Biver and 

7002 Green Bay to the oSew York Indians, it is agreed between 

7003 the said Menominie tribe and the Sioux, Chippewas, Winneba- 

7004 goes, Ottawa, Chippewa, and Potawatomie Indians of the Illi- 

7005 nois that the claim of the Meuominies to any portion of the land 

7006 within the boundaries allotted to either of the said tribes shall 

7007 not be barred by any stipulation herein; but the same shall re- 

7008 main as valid as if this treaty had not been concluded. It is, 

7009 however, understood that the general claim of the Meuominies 

7010 is bounded on the north by the Chippewa country, on the east 

7011 by Green Bay and Lake Michigan, extending as far south as 

7012 Millawaukee Biver, and on the west they claim to Black Biver. 

7013 Article 9. The country secured to the Ottawa, Chippewa, 
7011 and Potawatomie tribes of the Illinois is bounded as follows : 

7015 Beginning at the Winnebago village, on Bock Biver, forty miles 

7016 .from its mouth, and running thence down the Bock Biver to a 

7017 line which runs from Lake Michigan to the Mississippi, and with 

7018 that liue to the Mississippi, opposite to Bock Island; thence up 

7019 that river to the United States reservation, at the mouth of the 

7020 Ouisconsin; thence with the south and east lines of the said 

7021 reservation to the Ouisconsin; thence southerly, passing the 

7022 heads of the small streams emptying into the Mississippi, to the 

7023 Bock Biver at the Winnebago village. The Illinois Indians 
7021 have also a just claim to a portion of the country bounded south 

7025 by the Indian boundary-line aforesaid, running from the southern 

7026 extreme of Lake Michigan east by Lake Michigan, north by the 

7027 Menominie country, and northwest by Bock Biver. This claim 

7028 is recognized in the treaty concluded with the said Illinois tribes 



159 



7029 at St. Louis, August 24, 1816, but as the Millewakee and Ma- 

7030 netoowalk bands are not represented at this council, it cannot be 

7031 now definitively adjusted. 

7032 Article 10. All the tribes aforesaid acknowledge the gen- 

7033 eral controlling power of the United States, and disclaim all de- 

7034 pendence upon, and connection with, any other power. And the 

7035 United States agree to, and recognize, the preceding bounda- 
703G ries, subject to the limitations and restrictions before provided. 

7037 It being, however, well understood that the reservations at 

7038 Fever Eiver, at the Ouisconsin^ and St. Peters, and the ancient 

7039 settlements at Prairie des Ohiens and Green Bay, and the land 

7040 property thereto belonging, and the reservations made upon the 

7041 Mississippi, for the use of the half-breeds, in the treaty concluded 

7042 with the Sacs and Foxes August 24, 1824, are uot claimed by 

7043 either of the said tribes. 

7044 Article 11. The Uuited States agree, whenever the Presi- 

7045 dent may think it necessary and proper, to convene such of the 

7046 tribes, either separately or together, as are interested in the lines 

7047 left unsettled herein, and to recommend to them an amicable and 

7048 final adjustment of their respective claims, so that the work, now 

7049 happily begun, may be consummated. It is agreed, however, 

7050 that a council shall be held with the Yancton band of the Sioux, 

7051 during the year 1826, to explain to them the stipulations of this 

7052 treaty, and to procure their assent thereto, should they be dis- 

7053 posed to give it, and also with the Ottoes, to settle and adjust 

7054 their title to any of the country claimed by the Sacs, Foxes, and 

7055 loways. 

7056 Article 12. The Chippewa tribe being dispersed over a 

7057 great extent of country, and the chiefs of that tribe having re- 

7058 quested that such portion of them as may be thought proper, 

7059 by the Government of the United States, may be assembled in 

7060 1826, upon some part of Lake Superior, that the objects and ad- 

7061 vantages of this treaty may be fully explained to them, so that 

7062 the stipulations thereof may be observed by the warriors, the 

7063 commissioners of the United States assent thereto, and it is 

7064 therefore agreed that a council shall accordingly be held for 

7065 these purposes. 

7 066 Article 13. It is understood by all the tribes, parties hereto, 

7067 that no tribe shall hunt within the acknowledged limits of any 

7068 other Avithout their assent, but it being the sole object of this 

7069 arrangement to perpetuate a peace among them, and amicable 

7070 relations being now restored, the chiefs of all the tribes have ex- 

7071 pressed a determination cheerfully to allow a reciprocal right of 

7072 hunting on the lands of one another, permission being first asked 

7073 and obtained, as before provided for. 

7074 Article 14. Should any causes of difficulty hereafter un- 

7075 happily arise between any of the tribes, parties hereunto, it is 



160 



7076 agreed that the other tribes shall interpose their good offices to 

7077 remove such difficulties; and also that the Government of the 
707S United States may take such measures as they may deem proper 
7079 to effect the same object. 

70S0 Article 15. This treaty shall be obligatory on the tribes, 

70SL parties hereto, from and after the date hereof, and on the United 

7082 States, from and after its ratification by the Government thereof. 

7083 Proclaimed February 6, 1826. 

7081 Articles of agreement with the Winnebago tribe and the united 

7085 tribes of Potawatamie, Chippewa, and Ottawa Indians. 

7086 The Government of the United States having appointed 

7087 commissioners to treat with the Sac, Fox, Winnebago, Potawat- 

7088 amie, Ottawa, and Chippewa tribes of Indians, for the pur- 

7089 pose of extinguishing their title to land within the State of Illi- 

7090 nois, and the Territory of Michigan, situated between the Illinois 

7091 Eiver and the lead-mines on Fever Eiver and in the vicinity of 

7092 said lead-mines, and for other purposes ; and it having been 

7093 found impracticable, in consequence of the lateness of the period 
7091 when the instructions were issued, the extent of the country oc- 

7095 cupied by the Indians, and their disperssd situation, to convene 

7096 them in sufficient numbers to justify a cession of land on their 

7097 part ; and the chiefs of the Winnebago tribe, and of the united 

7098 tribes of the Potawatamies, Chippewas, and Ottawas, assembled 

7099 at Green Bay, having declined at this time to make the desired 

7100 cession, the following temporary arrangement, subject to the 

7101 ratification of the President and Senate of the United States, 

7102 has this day been made between Lewis Oass and Pierre Meen 

7103 ard, commissioners of the United States, and the said Winne- 
7101 bago tribe, and the united tribes of Potawatamie, Chippewa, 

7105 and Ottawa Indians, in order to remove the difficulties which * 

7106 have arisen in consequence of the occupation, by white persons, 

7107 of that part of the mining country which has not been heretofore 

7108 ceded to the United States : 

7109 Article 1. It is agreed that the following shall be the 

7110 provisional boundary between the lands of the United States 

7111 and those of the said Indians : The Ouisconsin Eiver, from its 

7112 mouth to its nearest approach to the Blue Mounds ; thence 

7113 southerly, passing east of the said mounds, to the head of that 
7111 branch of the Pocatolaka Creek, which runs near the Spotted 

7115 Arm's village ; thence with the said branch to the main forks of 

7116 Pocatolaka Creek • thence southeasterly to the ridge dividing 

7117 the Winebago country from that of the Potawatamie, Chippe- 

7118 wa, and Ottawa tribes ; thence southerly with the said ridge, to 

7119 the line running from Chicago to the Mississippi, near Eock 



161 



7120 Islaud. And it is fully understood that the United States may 

7121 freely oecupy the country between these boundaries and the 

7122 Mississippi River, until a treaty shall be held with the Indians 

7123 for its cession ; which treaty, it is presumed, will be held in the 

7124 year 1829. But it is expressly understood and agreed that if 

7125 any white persons shall cross the line herein described, and pass 

7126 into the Indian country, for the purpose of mining, or for any 

7127 other purpose Avhatever, the Indians shall not interfere with nor 

7128 molest such persons, but that the proper measures for their re- 

7129 moval shall be referred to the President of the United States. 

7130 In the mean time, however, it is agreed that any just compensa- 

7131 tion to which the Indians may be entitled for any injuries com- 

7132 milted by white persons on the Indian side of the said line 

7133 shall be paid to the said Indians at the time such treaty may be 

7134 held. It is also agreed by the Indians that a ferry may be 

7135 established over the Rock River, where the Fort Clark road 

7136 crosses the same ; and, also, a ferry over the same river at the 

7137 crossing of the Lewiston road. 

7138 Article 2. The United States agree to pay to the Winne- 

7139 bago, Potawatamie, Chippewa, and Ottawa Indians, the sum of 

7140 twenty thousand dollars, in goods, at the time and place when 

7141 and where the said treaty may be held ; which said sum shall be 

7142 equitably divided between the said tribes, and shall be in full 

7143 compensation for all the injuries and damages sustained by them, 

7144 in consequence of the occupation of any part of the mining 

7145 country by white persons, from the commencement of such oc- 

7146 cupation until the said treaty shall be held. Excepting, how- 

7147 ever, such compensation as the Indians may be entitled to, for 

7148 any injuries hereafter committed on their side of the line hereby 

7149 established. 

7150 Proclaimed January 7, 1829. 



7151 Articles of a treaty made and concluded at Prairie du Chitn. in 

7152 the Territory of Michigan, between the United States of America, 

7153 by their commissioners, General John McNeil, Colonel Pierre 

7154 Menard, and Caleb Atzvater, esq., and the united nations of 

7155 Chippewa, Ottawa, and Potawatamie Indians, of the waters 

7156 of the Illinois, Milwauhee, and Manitoouch Fivers. 

7157 Article 1. The aforesaid nations of Chippewa, Ottawa, 

7158 and Potawatamie Indians do hereby cede to the United Status 

7159 aforesaid all the lands comprehended within the following limits, 

7160 to wit : Beginning at the Winnebago Village, on Rock River. 

7161 forty miles from its mouth, and running thence down the Rock 

7162 River to a line which runs due west from the most southern 

7163 bend of Lake Michigan to the Mississippi River, and with 

21 I T 



162 



7164 that line to the Mississippi River, opposite to Rock Island; 

7165 theuce up that river to the United States reservation at 

7166 the mouth of the Onisconsin ; thence with the south and 

7167 east lines of said reservation to the Onisconsin River : thence 

7168 southerly, passing the heads of the small streams emptying into 

7169 the Mississippi, to the Rock River aforesaid, at the Winnebago 

7170 Village, the place of beginning. And, also, one other tract of 

7171 land, described as follows, to wit : Beginning on the western 

7172 shore of Lake Michigan, at the northeast corner of the field of 

7173 Antoine Ouitmette, who lives near Gross Pointe, about twelve 

7174 miles north of Chicago ; thence r aiming due west to the Rock 

7175 River aforesaid; thence down the said river to where a line 

7176 drawn due west from the most southern bend of Lake Michigan 

7177 crosses said river ; thence east, along said line, to the Fox River 

7178 of the Illinois ; thence along the northwestern boundary-line of 

7179 the cession of 1816 to Lake Michigan : thence northwardly, along 

7180 the western shore of said lake, to the place of beginning. 

7181 Article 2. In consideration of the aforesaid cessions of 

7182 land the United States aforesaid agree to pay to the aforesaid 

7183 nations of Indians the sum of sixteen thousand dollars, annually. 

7184 forever, in specie ; said sum to be paid at Chicago. And the 

7185 said United States further agree to cause to be delivered to said 

7186 nations of Indians, in the month of October next, twelve thou- 

7187 sand dollars- worth of goods as a present. And it is further 

7188 agreed to deliver to said Indians at Chicago fifty barrels of salt. 

7189 annually, forever ; and farther, the United States agree to make 

7190 permanent, for the use of the said Indians, the blacksmith's es- 

7191 tablishment at Chicago. 

7192 Article 3. From the cessions aforesaid, there shall be 

7193 reserved, for the use of the undernamed chiefs and their bands. 

7194 the following tracts of land, viz : 

7195 For Wau-pon-eh-see, five sections of laud at the Grand 

7196 Bois, on Fox River of the Illinois, where Shaytee's village now 

7197 stands. 

7198 For Shctb-ek-nay, two sections at his village uear the Paw- 

7199 paw Grove. For Awn-7cote } four sections at the village of Saw- 

7200 meh-naug, on the Fox River of the Illinois. 

7201 Article 4. There shall be granted by the United States, to 

7202 each of the following persons, (being descendants from Indians,) 

7203 the following tracts of land, viz : To Claude Laframboise, one 

7204 section of land on the Riviere aux Pleins, adjoining the 

7205 line of the purchase of 1816. To Francois Bourbonne, jr.. 

7206 one section at the Missionary establishment, on the Fox River 

7207 of the Illinois. To Alexander Robinson, for himself and 

7208 children, two sections on the Riviere aux Pleius. above and 

7209 adjoining the tract herein granted to Claude Laframboise. 



163 



7-10 To Pierre Leclerc 3 oue section at the village of the As-sim-in- 

7211 ehKon, or Paw-paw Grove. To NYaishkee-Shaw, a Potawat 

7212 amie woman, wife of David Laughton, and to her child, one 

7213 and a half sections at the old village of Xay-ou-Say, at or 
7211 near the source of the Riviere aux Sables of the Illinois. To 

7215 Billy Caldwell, two and a half sections on the Chicago River, 

7216 above and adjoining the line of the purchase of 1810. To 

7217 Yictoire Pothier, one half section on the Chicago River, above 

7218 and adjoining the tract of land herein granted to Billy Cald- 
7210 well. To Jane Miranda, one quarter section on the Chicago 

7220 River, above and adjoining the tract herein granted to Yictoire 

7221 Pothier. To Madeline, a Potawatamie woman, wife of Joseph 

7222 Ogee, one section west of and adjoining the tract herein granted 

7223 to Pierre Leclerc, at the Paw-paw Grove. To Archange Ouil- 

7224 mette, a Potawatamie woman, wife of Antoiue Ouilmette, two 

7225 sections, for herself and her children, on Lake Michigan, south 

7226 of and adjoining the northern boundary of the cession herein 

7227 made by the Indians aforesaid to the United States. To Antoine 

7228 and Francois Leclerc, one section each, lying on the Mississippi 

7229 River, north of and adjoining the line drawn due west from the 

7230 most southern bend of Lake Michigan, where said line strikes 

7231 the Mississippi River. To Mo-ah-way, oue quarter section on 

7232 the north side of and adjoining the tract herein grauted to 

7233 YTaish-Kee-Shaw. The tracts of land herein stipulated to be 

7234 granted shall never be leased or conveyed by the grantees, or 

7235 their heirs, to any }>ersons whatever, without the permission of 

7236 the President of the L nited States. 

7237 Aeticle 5. The United States, at the request of the Indians 

7238 aforesaid, further agree to pay to the persons named in the sched- 
7230 ule annexed to this treaty the sum of eleven thousand six hun- 

7240 dred and one dollars : which sum is in full satisfaction of the 

7241 claims brought by said persons against said Indians, and by 

7242 them acknowledged to be justly due.(a) 

7243 Article 6. And it is further agreed that the United 

7244 States shall, at their own expense, cause to be surveyed the 

7245 northern boundary-line of the cession herein made, from Lake 

7246 Michigan to the Rock River, as soon as practicable after the 

7247 ratification of this treaty, and shall also cause good and suffi- 

7248 cient marks and mounds to be established on said line. 

7240 Article 7. The right to hunt on the lands herein ceded. 

7250 so long as the same shall remain the property of the United 

7251 States, is hereby secured to the nations who are parties to this 

7252 treaty. 

7253 Article 8. This treaty shall take effect and be obligatory 

7254 on the contracting parties as soon as the same shall be ratified 



164 



7255 by the President of tlie United States, by and with the advice 

7256 and consent of the Senate thereof. 

7257 Proclaimed January 2, 1830. 

7258 Schedule of claims and debts to be paid by the United States for 

7259 the Chippewa, Ottawa, and Pottawatamie Indians, under the 
72(30 fifth article of the treaty of the 29th July, 1829, with said tribes. 

7261 To Francis Laframboise, for a canoe-load of merchan- 

7262 dise taken by the Chippewa and Ottowata Indians 

7263 of Ohab-way- way-gun and the neighboring vil- 
7261 lages, while frozen up in the lake in the winter of 

7265 the year 1799, two thousand dollars $2, 000 00 

7266 To Antoine Ouilniett, for depredations committed on 

7267 him by the Indians at the time of the massacre 
726S of Chicago and during the war, eight hundred 

7269 dollars 800 00 

7270 To the heirs of the late John Kinzie, of Chicago, for 

7271 depreciations committed on him at the time of 



72 i 



the massacre of Chicago and at St. Joseph's, dur- 
ing the winter of 1812, three thousand five hnn- 



8 To the American Fur Company, for debts owed to 
them by the united tribes of Chippewas, Otto- 



'4 dred dollars 3. 500 00 

7275 To Margaret Helm, for losses sustained at the time 

7276 of the capture of Fort Dearborn, in 1812, by the 

7277 Indians, eight hundred dollars 800 00 

727 
7279 

7280 was, and Pottawatamies, three thousand dollars 3, 000 00 

7281 To Bernardus Laughton, for debts owed to him by 

7282 same tribes, ten hundred and sixteen dollars 1. 016 00 

7283 To James Kinzie, for debts owed to him by same, four 

7284 hundred and eighty-rive dollars 485 00 

7285 — — 

7286 811, 601 00 

7287 Articles of a treaty made at Chicago, in the State of Illinois, on 

7288 the twenty-sixth day of September, in the year of our Lord one 

7289 thousand eight hundred and thirty-three, between George B. 



7290 Porter, Thomas J. Y. Owen, and William ~\Yeatherford, com* 

7291 missioners on the part of the United States, of the one part, 

7292 and the United Sation of Chippewa, Ottowa, and Potawata- 

7293 mie Indians, of the other part, being fully represented, by the 

7294 chiefs and head-men ichose names are hereunto subscribed ; 

7295 which treaty is in the following words, to wit: 



7296 Article 1. The said united nation of Chippewa, Ottowa, 

7297 and Potawatamie Indians, cede to the United States all their 

7298 land along the western shore of Lake Michigan, and between 



165 



7299 this lake and the laud eeded to the United States by the Win- 

7300 nebago Nation, at the treaty of Fort Armstrong made on the 

7301 loth September, 1832, bounded on the north by the country 

7302 lately ceded by the Menomiuees, and on the south by the coun- 

7303 try ceded at the treaty of Prairie du Chien made on the 29th 

7304 July, 1829, supposed to contain about five millions of acres. 

7305 Article 2. In part consideration of the above cession it is 

7306 hereby agreed that the United States shall grant to the said 

7307 united nation of Indians, to be held as-other Indian lands are 

7308 held which have lately been assigned to emigrating Indians, a 

7309 tract of country west of the Mississippi River, to be assigned to 

7310 them by the President of the United States, to be not less in 

7311 quantity than five millions of acres, and to be located as follows : 

7312 Beginning at the mouth of Boyer's River on the east side of the 

7313 Missouri River, thence down the said river to the mouth of 

7314 Xaudoway River, thence due east to the west line of the State 

7315 of Missouri, thence along the said State line to the northwest 

7316 corner of the State, thence east along the said State line to the 

7317 point where it is intersected by the western boundary-line of the 

7318 Sacs and Foxes, thence north along the said line of the Sacs 

7319 and Poxes, so far as that when a straight line shall be run 

7320 therefrom to the mouth of Boyer's River (the place of beginning ) 

7321 it shall include five millions of acres. And as it is the wish of 

7322 the Government of the United States that the said nation of 

7323 Indians should remove to the country thus assigned to them as 

7324 soon as conveniently can be done, and it is deemed advisable 

7325 on the part of their chiefs and head-men that a deputation 

7326 should visit the said country west of the Mississippi and thus 

7327 be assured that full justice has been done, it is hereby stipu- 

7328 lated that the United States will defray the expenses of such 

7329 deputation, to consist of not more than fifty persons, to be ac- 

7330 companied by not more than five individuals to be nominated 

7331 by themselves, and the whole to be under the general direction 

7332 of such officer of the United States Government as has been or 

7333 shall be designated for the purpose. And it is further agreed 

7334 that as fast as the said Indians shall be prepared to emigrate. 

7335 they shall be removed at the expense of the United States, and 

7336 shall receive subsistence while upon the journey, and for one 

7337 year after their arrival at their new homes. It being under- 

7338 stood that the said Indians are to remove from all that part of 

7339 the land now ceded, which is within the State of Illinois, imme- 

7340 diately on the ratification of this treaty, but to be permitted to 

7341 retain possession of the country north of the boundary-line of 

7342 the said State, for the term of three years, without molestation 

7343 or interruption, and under the protection of the laws of the 

7344 United States. 



166 



734-3 Article 3. And in farther consideration of the above ces- 

7346 sion, it is agreed that there shall be paid by the United States 

7347 the sums cf money hereinafter mentioned, to wit : 

7348 One hundred thousand dollars to satisfy sundry individuals, 

7349 in behalf of whom reservations were asked, which the commis- 

7350 sioners refused to grant ; and also to indemnify the Chippewa 

7351 tribe who are parties to this treaty for certain lands along the 

7352 shore of Lake Michigan, to which they make claim, which have 

7353 been ceded to the United States by the Menominee Indians ; 

7354 the manner in which the same is to be paid is set forth in sched- 

7355 nle '"A" hereunto annexed. 

7356 One hundred and fifty thousand dollars to satisfy the claims 

7357 made against the said united nation, which they have here ad. 

7358 initted to be justly due, and directed to be paid, according to 

7359 schedule "B " hereunto annexed. 

7360 One hundred thousand dollars to be paid in goods and pro- 

7361 visions, a part to be delivered on the signing of this treaty and 

7362 the residue during the ensuing year. 

7363 Two hundred and eighty thousand dollars to be paid in 

7364 annuities of fourteen thousand dollars a year, for twenty years. 

7365 One hundred and fifty thousand dollars to be applied to the 

7366 erection of mills, farm-houses, Indian houses, and blacksmith 

7367 shops, to agricultural improvements, to the purchase of agricul- 

7368 tural implements and stock, and for the support of such physi- 

7369 cians, millers, farmers, blacksmiths, and other mechanics, as the 

7370 President of the United States shall think proper to appoint. 

7371 Seventy thousand dollars for purposes of education and the 

7372 encouragement of the domestic arts, to be applied in such man- 

7373 ner as the President of the United States may direct. [The 

7374 wish of the Indians being expressed to the commissioners* as fol- 

7375 lows : The united nation of Chippewa, Ofctowa, and Potawatamie 

7376 Indians being desirous to create a perpetual fund for the pur- 

7377 poses of education and the encouragement of the domestic arts, 

7378 wish to invest the sum of seventy thousand dollars in some safe 

7379 stock, the interest of which only is to be applied as may be 

7380 necessary for the above purposes. They therefore request the 

7381 President of the United States to make such investment for the 

7382 nation as he may think best. If, however, at any time hereafter, 

7383 the said nation shall have made such advancement in civiliza- 

7384 tion, and have become so enlightened as in the opinion of the 

7385 President and Senate of the United States they shall be capable 

7386 of managing so large a fund with safety, they may withdraw the 

7387 whole or any part of it.] 

7388 Four hundred dollars a year to be paid to Billy Caldwell, 

7389 and three hundred dollars a year to be paid to Alexander Eob- 

7390 inson, for life, in addition to the annuities already granted them ; 



167 



7391 two hundred dollars a year to be paid to Joseph Lafroniboise, 

7392 and two hundred dollars a year to be paid to Shabehany, for 

7393 life. 

7394 Two thousand dollars to be paid to Wau-pon eh see and his 

7395 band, and fifteen hundred dollars to Awn-kote and his band, as 

7396 the consideration for nine sections of land, granted to them by 

7397 the 3d article of the treaty of Prairie du Ghien, of the 29th of 

7398 July, 1829, which are hereby assigned and surrendered to the 

7399 United States. 

7100 Article 1. A just proportion of the annuity money, secured 

7401 as well by former treaties as the present, shall be paid west of 

7402 the Mississippi to such portion of the nation as shall have re- 

7403 moved thither during- the ensuing three years. After which 

7404 time, the whole amount of the annuities shall be paid at their 

7405 location west of the Mississippi. 

7406 Article 5. Stricken out. 

7407 This treaty, after the same shall have been ratified by the 

7408 President and Senate of the United States, shall be binding on 

7409 the contracting parties. 

7410 Schedule "A." — (Referred to in the treaty, containing the 



7411 sums payable to individuals in lieu of reservations.) 

7412 Jesse Walker $1,500 00 

7413 Henry Cleveland 800 00 

7414 EachelHall 600 00 

7415 Sylvia Hall 600 00 

7416 Joseph Laframboise and children 1, 000 00 

7417 Victoire Porthier and her children 700 00 

7418 Jean Bt. Miranda, ~} f 300 00 

7419 Jane Miranda, ! For each of whom John j 200 00 

7420 Rosetta Miranda, j H. Kinzie is trustee } 300 00 

7421 Thomas Miranda, ) { 400 00 

7422 Alexander Muller, Gholson Kercheval, trustee 800 00 

7423 Paschal Muller, do. do 800 00 

7424 Margaret Muller ' 200 00 

7425 Socra Muller 200 00 

7426 Angelique Chevalier . 200 00 

7427 Josette Chevallier 200 00 

7428 Joseph Chevalier . 400 00 

7429 Fanny Leclare, (Captain David Hunter, trustee) .... 400 00 

7430 Daniel Bourassa's children 600 00 

7431 ^Nancy Contraman, f „ , „ . T ^ 1 

^oo a n Vi x For each of whom J. B. raa nA 

7432 Sally Contraman, J _ . „ . , , V 000 00 

ffioo „ , ~ 7 ; Campbell is trustee. 

7433 Betsey Contraman, [ ) 

7434 Alexis Laframboise 800 00 

7435 Alexis Laframbois' children 1 , 200 00 

7436 Mrs. Mann's children 600 00 



168 



7437 Mrs. Mann (daughter of Antoine Ouilinet) $400 00 

7438 Geo. Turkey's children, (Fourtier,) Th. J. Y. Owen, 

7439 trustee 500 00 

7440 Jacques Chapeau's children do. do ... - . . 600 00 

7441 Antonie Roscuni's children. 750 00 

7442 Francois Burbonnais', sen'r's, children 400 00 

7443 Francis Burbonnais', j'n'r, children 300 00 

7444 John Bt. Cloutier's children, (Robert A. Kinsie trustee) . 600 00 

7445 Claude Lafroniboise's children 300 00 

7446 Antoine Ouiltnet's children 200 00 

7447 Josette Ouilmot (John H. Kinzie, trustee) 200 00 

7448 Mrs. Welsh (daughter of Antoine Ouilmet) ..... 200 00 

7449 Alexander Robinson's children 400 00 

7450 Billy Caldwell's children 600 00 

7451 Mo-ah-way 200 00 

7452 Medare B. Beaubien . . . 300 00 

7453 Charles H. Beaubien , 300 00 

7454 John K. Clark's Indian children, (Richard J. Hamil- 

7455 ton, trustee) 400 00 

7456 Josette Juno and her children 1, 000 00 

7457 Angelique Juno 300 00 

7458 Josette Beaubin's children . 1, 000 00 

7459 Mah-go-que's child, (James Kinzie, trustee) 300 00 

7460 Esther, Rosene, and Eleanor Bailly 500 00 

7461 Sophia, Hortense, and Therese Bailly 1, 000 00 

7462 Rosa and Mary, children of Hoo-mo-ni gah, wife of 

7463 Stephen Mack 600 00 

7464 Jean Bt. Rabbu's children 400 00 

7465 Francis Chevallier's children 800 00 

7466 Mrs. Nancy Jamison and child 800 00 

7467 Co-pah, son of Archange 250 00 

7468 Martha Burnett, (R. A. Forsyth, trustee) 1, 000 00 

7469 Isadore Chabert's child, (G-. S. Hubbard trustee) .... 400 00 

7470 Chee-bee-quai, or Mrs. Allen 500 00 

7471 Luther Rice and children 2, 500 00 

7472 John Jones 1, 000 00 

7473 Pierre Corbonno's children 800 00 

7474 Pierre Chalipeaux's children 1, 000 00 

7475 Phcebe Treat and children 1, 000 00 

7476 Robert Forsyth, of St. Louis, Mo 500 00 

If 7 Alexander Robinson ^ each reduced to 85,000, and } . 1Q 

v478 1 the sum of $10,000 thus de- V ' 

7479 Bll 'y CaM --ldactedpaidto;he Indians. ) . 10 > 000 00 

7480 Joseph Latramboise 3, 000 00 

7481 Ms noan see, (B. B. Kercheval, trustee) . 200 00 

7482 Margaret Hall 1,000 00 



169 



<4b3 


James, William, David, and Sarah, children 


of 






7484 






$3, 200 




i 4i>0 


Margaret Ellen Miller, Mont- ^ for earth of whom 
goinerv Miller, and 4mly . Kiehard 4. Hainil- 


~\ 
/ 






'•ton 


l y 






i 4b ( 


.Miller, grandchildren ot J ton, ot Chicago, is 


800 


00 


1 4bb 


Margaret Hall. /^trustee. 


) 






i 4b9 






200 00 


i 490 






100 


00 


< 49 1 






100 


00 


7492 


Joseph Yieux, Jacques Vieux, Louis Vieux, and 




400 


00 


< 49 J 


Josette Yieux, each $100. 




1 494 






1,800 00 


7493 


Joseph JBourassa and Mark Bourassa 




200 


00 


7496 


Jude Bourassa and Iherese Bourassa 




200 


00 


7497 


Stephen Bourassa and Gabriel Bourassa 




200 


00 


7498 






200 


00 


7499 


Elai Bourassa and Jerome Bourassa 




200 


00 


7500 






100 


00 


7504 


Ann Bice and her son William M, Bice, and nephe 


w, 






7502 






1,000 


00 


7503 


Agate Biddle and her children 




900 


oo 


7504 


Magdaline Laframboise and her son 




400 


00 


t oOo 


Therese Schandler 




200 00 


i ovb 


Joseph DaihVs son and daughter. Bobert and 






7507 






500 


00 


7508 


Therese Lawe and George Lawe 




200 00 


7509 


David Lawe and Bachel Lawe ....... 




200 


00 


7540 


Bebecca Lawe and Maria Lawe 




200 


00 


7511 






200 


00 


7512 


Appotone Lawe 




100 


00 


7513 


Angeliqne Yieux and Amable Yieux 




200 


00 


7514 


Andre Yieux and Xicholas Yieux 




200 


00 


7515 


Pierre Yieux and Maria Yieux 




200 00 


7516 


Madaline Thibeault 




100 


00 


7517 


Paul Yieux and Joseph Yieux 




200 


00 


7518 






100 


00 


7519 






200 


00 


7520 






200 


00 








200 


00 


7522 






200 00 


7523 


Ursul Grignon and Charlotte Grignon 




200 


00 


7524 






200 


00 


7525 






200 


00 


7526 


Amable Grignon and Emily Grignon 




200 


00 


7527 


Therese Grignon and Simon Grignon 




200 


00 


7528 


William Burnett (B. B. Kercheval. trustee) 




1. ono 


00 



22 T T 



170 



7529 Shan-na-nees 8400 00 

7530 Josette Beaubien 500 00 

7531 For tbe Chippewa, Ottawa, and Potawatomie stu- \ 

7532 dents at the Choctaw Academy, the Hon. E. > 5, 000 00 

7533 M. Johnson to be the trustee. V 

7534 James and Richard J. Connor 700 00 

7535 Pierre Duverney and children 300 00 

7536 Joshua Boyd's children, (Geo. Boyd. esq., to be the 

7537 trustee) 500 00 

7538 Joseph Bailly . . . , 4, 000 00 

7539 R. A . Forsyth 3, 000 00 

7540 Gabriel Godfrey - 2, 420 00 

7541 Thomas E. Covill 1,300 00 

7542 George Hunt , . 750 00 

7543 James Kinzie 5,000 00 

7544 Joseph Chaunier 550 00 

7545 John and Mark Noble . ISO 00 

7546 Alexis Provausalle 100 00 

7547 

7548 One hundred thousand dollars 1100,000 00 

7549 Schedule -B." — (Referred to in the treaty containing the 

7550 sums payable to individuals, on claims admitted to be justly 

7551 due. and directed to be paid.) 

7552 Brewster Hogan & Co 8343 00 

7553 John S. C. Hogan 50 00 

7554 Frederick H. Contraman 200 00 

7555 Brookfiekl & Bertram! - loo 00 

7556 R. E. Heacock 100 00 

7557 George W, McClure. U. S. A 125 00 

7558 David MeKee. 180 00 

7559 Oliver Einmell 300 00 

7560 George Hollenbeck 100 00 

7561 Martha Gray 78 00 

7562 Charles Taylor 187 00 

7563 Joseph Naper 71 00 

7564 John Mann 200 00 

7565 James Walker 200 00 

7566 John Black stone 100 00 

„ 7567 Harris & McCord. 175 00 

7568 George W. Dole 133 00 

7569 George Haverhill 60 00 

7570 William Whistler, U. S. A 1. 000 00 

7571 Squire Thompson V.. 100 00 

7572 C. C. Trowbridge 2, 000 00 

7573 Louis Druillard 350 00 

7574 Abraham Francis 25 00 



171 



7575 D. E. Bearss & Co $250 00 

7576 Dr. E. Winslow 150 00 

7577 Nicholas Klinger 77 00 

7578 Joseph Porthier 200 00 

7579 Clark Hollenbeck 50 00 

7580 Henry Enslen 75 00 

7581 Eobert A. Kinzie 1, 216 00 

7582 Joseph Ogie 200 00 

7583 Thomas Hartzell 400 00 

7584 Calvin Britain 40 00 

7585 Benjamin Fry . . 400 00 

758G Pierre F. Navarre 100 00 

7587 C. H. Chapman 30 00 

7588 James Kinzie 300 00 

7589 G. S. Hubbard 125 00 

7590 Jacque Jenveaux 150 00 

7591 John B. Du Charme ."",5 00 

7592 John Wright ,. 15 00 

7593 James Galloway 200 00 

7594 William Marquis 150 00 

7595 Bonis Chevalier, adin'r of J. B. Chevalier, dec'd.. 112 00 

7596 Solomon McCullongh 100 00 

7597 Joseph Curtis 50 00 

7598 Edward E. Hunter , 90 00 

7599 Eachel Legg 25 00 

7600 Peter Lamseet . . , 100 00 

7601 Eobert Beresford 200 00 

7602 Gr. W. & W. Laird . . . . 150 00 

7603 M. B. Beaubien 440 00 

7604 Jeduthan Smith 60 00 

7605 Edmund Weed , . . - 100 00 

7606 Philip Maxwell, U. S. A 35 00 

7607 Henry Gratiot 116 00 

7608 Tyler K. Blodgett , , 50 00 

7609 Nehemiah King 125 00 

7610 S.P.Brady 188 00 

7611 James Harrington .... 68 00 

7612 Samuel Ellice 50 00 

7613 Peter Menard, Maumee 500 00 

7614 John W. Anderson.. 350 00 

7615 David Bailey 50 00 

7616 Wm. G. Knaggs 100 00 

7617 JohnHively 150 00 

7618 John B. Bertrand, sen'r 50 €0 

7619 Eobert A. Forsyth 3, 000 00 

7620 Maria Kercheval 3, 000 00 



172 



761*1 Alice Hunt $3, 000 00 

7622 Jane C. Forsyth 3, 000 00 

7623 John H. Kinzie 5, 000 00 

7624 Ellen M. Wolcott 5, 000 00 

7625 Maria Hunter 5, 000 00 

7626 Robert A. Kinzie . . . 5, 000 00 

7627 Samuel Godfrey 120 00 

7628 John E. Schwarz 4, 800 00 

7629 Joseph Loranger 5, 000 00 

7630 H. B. and G. W. Hoffman . 358 00 

7631 Phelps & Wendell 660 00 

7632 Henry Johns 270 00 

7633 Benjamin C. Hoy t 20 00 

7634 John H. Kinzie, in trust for the heirs of Jos. Mi- 

7635 randa, dee'd 250 00 

7636 Francis Bourbonnais, sen'r 500 00 

7637 Francis Burbonnais, jun'r 200 00 

7638 E. A. Forsyth, in trust for Catherine McKenzie . . . 1, 000 00 

7639 James Laird 50 00 

7640 Montgomery Evans . 250 00 

7641 Joseph Bert-rand, jr 300 00 

7642 George Hunt 900 00 

7643 Benjamin Sherman 150 00 

7644 W. and F. Brewster, assignees of Joseph Bertrand, 

7645 sen'r .. 700 00 

7646 John Forsyth, in trust for the heirs of Charles 

7647 Peltier, dee'd 900 00 

7648 William Hazard 30 00 

7649 James Shirley , 125 00 

7650 Jacob Platter 25 00 

7651 John B. Bourie 2, 500 00 

7652 B. B. Kercheval 1, 500 00 

7653 Charles Lucier 75 00 

7654 Mark Beaubien ... 500 00 

7655 Catharine Stewart . 82 00 

7656 Francis Mouton 200 00 

7657 Dr. William Brown 40 00 

7658 B. A. Forsyth, in trust for heirs of Charles Guiou. 200 00 

7659 Joseph Betrand, sen'r 652 00 

7660 Moses Bice 800 00 

7661 James Connor 2, 250 00 

7662 John B. Du Charme 250 00 

7663 Coquillard & Comparet 5, 000 00 

7664 Bichard J. Hamilton 500 00 

7665 Adolphus Chapin 80 00 

7666 John Dixon 140 00 



173 



7667 Wm. Huff , . . .. $8100 

7668 Stephen Mack, in trust for the heirs of Stephen 

7669 Mack, deceased 500 00 

7670 Thomas Forsyth 1 ? 500 00 

7671 Felix Fontaine , 200,00 

7672 Jacque Mete 200 00 

7673 Francis Boucher 250 00 

7674 Margaret Helm 2,000 00 

7675 O. P. Lacy 1, 000 00 

7676 Heury and Eichard J. Connor. .' . I 500 00 

7677 James W. Craig 50 00 

7678 E. A. Forsyth, (Maumee) 1, 300 00 

7679 Antoine Peltier do „ 200 00 

7680 E. A. Forsyth, in trust for Wau-se-on-o-quet 300 00 

7681 John E.Hunt.. 1,450 00 

7682 Payne C. Parker 70 00 

7683 Isaac Hull ! ] , 000 00 

7684 Foreman Evans. 32 00 

7685 Horatio 1ST. Curtis 300 00 

7686 lea Eice 250 00 

7687 Thomas P. Quick 35 00 

7688 George B. Woodcox 60 00 

7689 John Woodcox „ 40 00 

7690 George B. Kuaggs 1, 400 00 

7691 Ebenezer Eead 100 00 

7692 George Pomeroy 150 00 

7693 Thomas K. Green 70 00 

7694 William Mieure, in trust for Willis Fellows 500 00 

7695 Z. Cicott 1,800 00 

7696 John Johnson 100 00 

7697 Antoine Antilla 100 00 

7698 John Baldwin. 500 00 

7699 Isaac G. Bailey 100 00 

7700 James Cowen 35 00 

7701 Joseph D. Lane 50 00 

7702 T. E. Phelps 250 00 

7703 Edmund Eoberts 50 00 

7704 Augustus Bona 60 00 

7705 E. C. Winter & Co 1, 850 00 

7706 Charles W. Ewing 200 00 

7707 Antoine Ouilmett 800 00 

7708 John Bt. Chandonai, ($1,000 of this sum to be paid 

7709 to Eobert Stuart, agent of American Fur Com- 

7710 pany, by the particular request of Jno. B. Chan- 

7711 donai) , 2, 500 00 

7712 Lowrin Marsh 3, 290 00 



174 



7713 P. & J. J. Godfroy $2, 000 00 

7714 David Hull , - 500 00 

7715 Andrew Drouillard 500 00 

7716 Jacob Beeson & Co 220 00 

7717 Jacob Beeson .- 900 00 

7718 John Anderson 600 00 

7719 John Green. , 100 00 

7720 James B. Campbell 600 00 

7721 Pierre Menard, juu., in right of G. W. Campbell . . 250 00 

7722 George E. Walker. . ... 1, 000- 00 

7723 Joseph Thebault 50 00 

7724 Gideon Lowe, U. S. A 160 00 

7725 Pierre Menard, jun ........ . 2, 000 00 

7726 John Tharp 45 00 

7727 Pierre Menard, jr., in trust for Marie Tremble .... 500 00 

7728 Henry B. Stillman 300 00 

7729 John Hamblin 500 00 

7730 Francois Page 100 00 

7731 George Brooks 20 00 

7732 Franklin McMillan . . 100 00 

7733 Lorance Shellhouse : 30 00 

7734 Martin G. Shellhouse. 35 00 

7735 Peter Bellair 150 00 

7736 Joseph Morass 200 00 

7737 John I. Wendell ..... 2, 000 00 

7738 A. T. Hatch 300 00 

7739 Stephen Downing 100 00 

7740 Samuel Miller 100 00 

7741 Moses Hard wick 75 00 

7742 Margaret May 400 00 

7743 Frances Felix 1, 100 00 

7744 John B. Bourie 500 00 

7745 Harriet Ewing 500 00 

7746 Nancy Hedges 500 00 

7747 David Bourie 500 00 

7748 Caroline Ferry 500 00 

7749 Bowrie & Minie 500 00 

7750 Charles Minie 600 00 

7751 Francis Minie 700 00 

7752 David Bourie , - 150 00 

7753 Henry Ossum Reed 200 00 

7754 Franchise Bezion 2, 500 00 

7755 Dominique Rousseau. 500 00 

7756 Hanna & Taylor 1, 570 00 

7757 John P. Hedges * - 1, 000 00 

7758 Francois Chobare 1, 000 00 



175 



7759 Isadore Ohobare $€00 CO 

7700 Jacob Leephart 700 00 

7701 Amos Amsdeu 40000 

7702 Nicholas Boilvin 350 CO 

7703 Archibald Olyburn 200 00 

7704 William Conner, (Michigan) 70 00 

7705 Tunis S. Wendall 500 00 

770G Noel Yasseur 800 00 

7707 James Abbott, agent of the American Fur Oom- 

7708 pauy U, 300 00 

7709 Robert Stewart, agent of the American Far Com- 

7770 pany 17, 000 00 

7771 Solomon Jeauneau 2,100.00 

7772 John Bt, Beaubin 250 CO 

7773 Stephen Mack, jr 350 00 

7774 John Lawe 3, 000 00 

7775 Alexis Larose 1, 000 00 

7770 Daniel Whitney 1, 350 00 

7777 P. & A. Grignon . 050 00 

7778 Lonis Grignon 2,000 00 

7779 Jacques Yieux 2,000 00 

7780 Laframboise & Bourassa. 1,300 00 

7781 Heirs of K Bolvin, deceased 1, 000 00 

7782 John K. Clark 400 00 

7783 William G. & G. W. Ewing 5, 000 00 

7784 Eufus Hitchcock 400 00' 

7785 Reed and Coons 200 00 

77SG B. H. Laughton 1, 000 00 

7787 Rufus Downing 500 00 

,788 Charles Reed 200 00 

7789 



7790 One hundred and seventy-nve thousand dollars. 8175, 000 00 

7791 The above claims have been admitted and directed to be 

7792 paid only in case they be accepted in full of all claims and 

7793 demands up to the present date. 

7794 G. B. PORTER, 

7795 TH. J. Y. OWEX. 

7790 WILLIAM WEATHEHFORD. 

7797 All the debts mentioned in the above Schedule B, and which 

7798 were specified in Exhibit E to the report of the committee, to be 

7799 examined by a commissioner to be appointed by the President, 

7800 by and with the advice and consent of the Senate, aud the indi- 

7801 viduals to be paid only the sums found by said commissioner 

7802 to be justly due, in no instance increasing the sum agreed to be 

7803 paid ; and whatever sum is saved by deduction or disallowance 



176 



7804 of the debts in Exhibit E to be paid to the Indians, and the 

7805 residue to the claimants respectively. 

780(3 Agreeably to the stipulations contained in the 3d article 

7807 of the treaty, there have been purchased and delivered, at the 

7808 request of the Indians, goods, provisions, and horses, to the 

7809 amount of sixty-five thousand dollars, (leaving the balance to 

7810 be supplied in the year one thousand eight hundred and thirty - 
7S11 four, thirty-five thousand dollars.) 

7812 Articles supplementary to the treaty made at Chicago, in the State 

7813 of Illinois, on the 26th day of September, one thousand eight 
7S11 hundred and thirty-three, between George B.Porter, Thomas 

7815 J. V. Owen, and William Weatherford, commissioners on the 

7816 part of the United States, of the one part, and the United 

7817 Nation of Chippewa, Ottoica, and Potawatamie Indians, of the 

7818 other part, concluded at the same place on the twenty-seventh 

7819 day of September, one thousand eight hundred and thirty-three, 

7820 between the said commissioners on the part of the United 

7821 States, of the one part, and the chiefs and head-men of the said 

7822 United Nation of Indians, residing upon the reservations of 

7823 land situated in the Territory of Michigan, south of Grand 
7821 River, of the other part. 

7825 Article 1. The said chiefs and head-men cede to the United 

7826 States all their land situate in the Territory of Michigan south 

7827 of Grand River, being the reservation at Xotawasepe of four 

7828 miles square contained in the 3d clause of the 2d article of 

7829 the treaty made at Chicago on the 29th day of August, 1821, 

7830 and the ninety-nine sections of land contained in the treaty made 

7831 at St. Joseph on the 19th day of September, 1827; and also the 

7832 tract of laud on St. Joseph River opposite the town of Mies, 

7833 and extending to the line of the State of Indiana, on which the 
7831 villages of To-pe-ne-bee and Pokagon are situated, supposed to 

7835 contain about forty-nine sections. 

7836 Article 2. In consideration of the above cession, it is 

7837 hereby agreed that the said chiefs and head-men, and their 

7838 immediate tribes, shall be considered as parties to the said 

7839 treaty to which this is supplementary, and be entitled to partici- 

7840 pate in all the provisions therein contained, as a part of the 

7811 United Xation ; and further, that there shall be paid by the 

7812 United States the sum of one hundred thousand dollars, to be 

7843 applied as follows : 

7844 Ten thousand dollars in addition to the general fund of one 

7845 hundred thousand dollars, contained in the said treaty, to satisfy 

7846 sundry individuals in behalf of whom reservations were asked 

7847 which the commissioners refused to grant ; the manner in which 



177 



7848 the same is to be paid being set forth in the schedule k - A,'* here 

7849 unto annexed. 

7850 Twenty-five thousand dollars in addition to the sum of one 

7851 hundred and fifty thousand dollars contained in the said treaty, 

7852 to satisfy the claims made against all composing the United 

7853 Nation of Indians, which they have admitted to be justly due, 

7854 and directed to be paid according to Schedule " 1>," to the treaty 

7855 annexed. 

7856 Twenty-five thousand dollars, to be paid in goods, provisions, 

7857 and horses, in addition to the one hundred thousand dollars con- 
7S58 tained in the treaty. 

7859 And forty thousand dollars to be paid in annuities of two 

7860 thousand dollars a year for twenty years, in addition to the two 

7861 hundred and eighty thousand dollars inserted in the treaty, and 

7862 divided into payments of fourteen thousand dollars a year. 

7863 Article 3. All the Indians residing on the said reservations 

7864 in Michigan shall remove therefrom within three years from this 

7865 date, during which time they shall not be disturbed in their 

7866 possession, nor in hunting upon the lands as heretofore. In the 

7867 mean time no interruption shall be offered to the survey and sale 

7868 of the same by the United States. In case, however, the said 

7869 Indians shall sooner remove, the Government may take immedi- 

7870 ate possession thereof. 

7871 Article 4. Stricken out. 

7872 And provided that the lands given to the said Indians, in 

7873 exchange, in place of being bounded in the manner described in 

7874 the treaty, be so changed that the first line shall begin at the 

7875 mouth of Boyer's River, and run down the River Missouri to a 

7876 point thereon from which a line running due east will strike the 

7877 northwestern corner of the State of Missouri ; from that point 

7878 due east till it strikes said northwest corner; then along the 

7879 northern boundary -line of said State, till it strikes the line of the 

7880 lands belonging to the Fox and Sac Indians; thence northwardly, 

7881 so far as to make to the Indians full compensation for the quan- 

7882 tity of land which will be thus taken from them on the south- 

7883 western part of the tract allowed them by the boundaries as 

7884 at present described in the treaty; and provided, further, that 

7885 this alteration of boundaries can be effected with the consent of 

7886 the Indians. Also the said commissioner shall examine whether 

7887 three thousand dollars, a part of the sum of seventeen thousand 

7888 dollars directed to be paid to Robert Stuart, agent of the Ameri- 

7889 can Fur Company, was to be paid and received in full discharge 

7890 of all claims and demands which said company had against 

7891 Gurdoii S. Hubbard and James Kinzie ; and if he finds it was to 

7892 be so paid, that then the sum of fourteen thousand dollars, only, 

7893 be paid, until said agent of said company give a receipt of all 

23 I T 



178 



7894 debts due, aud demands which said company had against said 

7895 Hubbard and Kinzie; and, upon giving such receipt, that then 

7896 the said sum of three thousand dollars be likewise paid to said 

7897 agent. 

7898 These supplementary articles, after the same shall have been 

7899 ratified by the President and Senate of the United States, shall 

7900 be binding on the contracting parties. 

7901 Schedule "A." — (Eeferred to in the article supplementary 

7902 to the treaty, containing the sums payable to individuals, in lieu 



7903 of reservations of land.) 

7904 Po-ka-gon , $2, 000 00 

7905 Eebecca Burnett, ) m Brooks, trustee for each, f 500 00 

7906 Mary Burnett S \ 250 00 

7907 Martha Burnett (E. A. Forsyth, trustee) ........ 250 00 

7908 Madaline Bertrand . 200 00 

7909 Joseph Bertrand, junr 200 00 

7910 Luke Bertrand, junr 200 00 

7911 Benjamin Bertrand . . . 200 00 

7912 Lawrence Bertrand 200 00 

7913 Theresa Bertrand 200 00 

7914 Amable Bertrand ». 200 00 

7915 Julianne Bertrand 200 00 

7916 Joseph H. Bertrand 100 00 

7917 Mary M. Bertrand . ... 100 00 

7918 M. L. Bertrand 100 06 

7919 John B. Du Charme 200 00 

7920 Elizabeth Du Charme, (E. A. Forsyth, trustee) .... 800 00 

7921 George Henderson 400 09 

7922 Mary Nado and children .• 400 00 

7923 John Bt. Chandonai. 1,000 00 

7924 Charles Chandonai, ) For each of whom E. A. ( 400 00 

7925 Mary Chandonai, J Forsyth is trustee. \ 400 00 
79?6 Mary St. Comb and children 300 00 

7927 Sa-gen-nais' daughter. 200 00 

7928 Me-chain, daughter of Pe-che co 200 00 

7929 Alexis Eolan . . 200 00 

7930 Polly Neighbush 200 00 

7931 Francois Page's wife and children 200 00 

7932 Pierre F. Navarre's children 100 00 

7933 Jarmont, (half-breed) 100 00 

7934 ~ 

7935 Ten thousand dollars $10,000 00 



7936 Agreeably to the stipulations contained in the articles sup- 

7937 plementary to the treat}', there have been purchased and de- 

7938 livered at the request of the Indians, goods, provisions, and 



179 



7939 horses to the amount of fifteen thousand dollars, (leaving the 

7940 balance to be supplied hereafter ten thousand dollars.) 

7941 And as, since the signing of the treaty, a part of the band 

7942 residing on the reservations in the Territory of Michigan have 
7943^' requested, on account of their religious creed, permission to re- 

7944 move to the northern part of the peninsula of Michigan, it is 

7945 agreed that in case of such removal the just proportion of all 

7946 annuities payable to them under former treaties, and that arising 

7947 from the sale of the reservation on which they now reside, shall 

7948 be paid to them at L'arbre Croche. 

7949 The commissioners certify that when these supplementary 

7950 articles were ready for signature, the original paper, of which 

7951 the annexed is a copy, was presented by Messrs. Peter and 

7952 James J. Godfroy, and the due execution of it was madesat- 

7953 isfactorily appear to the commissioners, the subscribing wit- 

7954 nesses, P. A. Forsyth and Robert A. Kinzie, being present. The 

7955 chiefs and head-men present recognizing this as a reservation, 

7956 it was agreed that it shall be considered in the same light as 

7957 though the purport of the instrument had been inserted in the 

7958 body of the treaty; with the understanding that the rejection 

7959 of it by the President and Senate of the United States shall not 

7960 affect the validity of the treaty. 

7961 Know all men by these presents that we, the undersigned 

7962 chiefs and young men of thePotawatamie tribe of Indians living 

7963 at Na-to-wa-se-pe, in the Territory of Michigan, for and in con- 

7964 sideratiou of the friendship and sundry services rendered to us 

7965 by Peter and James J. Godfroy, we do hereby by these presents 

7966 give, grant, alien, transfer, and convey unto the said Godfroys, 

7967 their heirs and assigns forever, one entire section of land situate, 

7968 lying, and being on our reserve of Na-to-wa-se-pe, in the Terri- 

7969 tory aforesaid, to be located by said Godfroys wherever on said 

7970 reserve they shall think it more to their advantage and benefit. 

7971 It is moreover the wishes of the undersigned chiefs and 

7972 young men as aforesaid, that so soon as there shall be a treaty 

7973 held between the United States and our said tribe of Potawat- 

7974 amies, that our Great Father, the President, confirm and make 

7975 good this our grant unto them, the said Godfroys, by issuing 

7976 a patent therefor to them and to their heirs forever. 

7977 In so doing our Great Father will accomplish the wishes of 

7978 his children. 

7979 Chicago, Illinois, October 1, 1834. 

7980 Trio. J. V. Owen, Esq., 

7981 United States Indian Agent : 

7982 Father: Feeling a disposition to comply with the resolu- 

7983 tion of the Senate of the United States, and the views of the 

7984 Government in relation to an alteration in the boundaries of 



180 



7985 the country ceded to the united nation of Chippewa, Ottawa, 

79SG and Potawatamie Indians at the treaty at Chicago, in the State 

7987 of Illinois, concluded on the 26th and 27th days of September, 

7988 1833 : we therefore propose, as the chiefs of the said united 

7989 nation, and for and on their behalf, that we will accept of 

7990 the following alteration in the boundaries of the said tract of 

7991 country, viz : Beginning at the mouth of B oyer's River; thence 

7992 down the Missouri River, to a point thereon, from which a 

7993 due east line would strike the northwest corner of the State 

7994 of Missouri ; thence along the said east line, to the north- 

7995 west corner of said State ; then along the northern bound- 

7996 ary-line of the said State of Missouri, till it strikes the line of 

7997 the lands of the Sac and Fox Indians ; thence northwardly along 

7998 said line to a point from which a west line would strike the 

7999 sources of the Little Sioux River ; thence along said west line, 

8000 till it strikes the said sources of said river : then down said river 

8001 to its mouth ; thence down the Missouri River, to the place of 

8002 beginning : Provided the said boundary shall contain five million 

8003 of acres ; but should it contain more, then said boundaries are 
8001 to be reduced so as to contain the said five millions of acres. 

8005 And, in consideration ot the alteration of said boundary we 

8006 ask that ten thousand dollars should be paid to such commis : 

8007 sioner as shall be designated by us to receive the same west of 

8008 the Mississippi River, at such place on the tract of country ceded 

8009 to the said United Nation as we may designate, and to be applied 
80 0 as we may direct for the use and benefit of the said nation. And 

8011 the further sum of two thousand dollars to be paid to Gholson 

8012 Kercheval, of Chicago, Illinois, for services rendered the said 

8013 United Nation of Indians during the late war between the United 

8014 States Government and the Sacs and Foxes ; and the further 

8015 sum of one thousand dollars to George E. Walker for services 

8016 rendered the said United Nation in bringing Indian prisoners 

8017 from west of the Mississippi River to Ottawa, Laselle County, 

8018 Illinois, for whose appearance at the circuit court of said county 

8019 the said nation was bound. 

8020 The foregoing propositions are made with the expectation 

8021 that with the exception of the alteration in the proposed bound- 

8022 ary, and the indemnity herein demanded as an equivalent for 

8023 said exchange, the whole of the treaty made and concluded at 

8024 this place on the 26th and 27th days of September, 1833, be rat- 

8025 ified as made and concluded at that time, within the space of 

8026 five months from the present date ; otherwise it is our wish that 

8027 the whole of the said treaty should be considered as cancelled. 

8028 " That the Senate do advise and consent to the alteration 

8029 proposed by the chiefs of the united nation of Chippewa, Ottawa, 

8030 and Pottawattamie Indians, concluded at Chicago, in the State 



181 



8031 of Illinois, on the first day of October, 1834, to the treaty con- 

8032 eluded between the commissioners on the part of the United 

8033 States and the chiefs of the said united nation on the 20th of 

8034 September, 1833, it being expressly understood by the Senate 

8035 that no other of the provisions of the resolution of the Senate 

8036 of the 22d day of May, 1834, ratifying the said treaty, shall be 

8037 affected, or in any manner changed, by the said proposed alter- 

8038 ation of 1st October, 1834, excepting the proposed alteration in 

8039 the boundaries therein mentioned, and the sums of money therein 

8040 stipulated to be paid." 

8041 Proclaimed February 21, 1835. 

8042 Whereas the various bands of the Pottowautomie Indians, 

8043 known as the Chippewas, Ottawas, and Pottowautomies, the 

8044 Pottowautomies of the Prairie, the Pottowautomies of the 

8045 Wabash, and the Pottowautomies of Indiana, have, subsequent 

8046 to the year 1828, entered into separate and distinct treaties with 

8047 the United States, by which they have been separated and 

8048 located in different countries, and difficulties have arisen as to 

8049 the proper distribution of the stipulations under various treaties, 

8050 and being the same people by kindred, by feeling, and by lau- 

8051 guage, and having, in former periods, lived on and owned their 

8052 lands in common, and being desirous to unite in one common 

8053 country, and again become one people, and receive their annui- 

8054 ties and other benefits in common, and to abolish all minor 

8055 distinctions of bands by which they have heretofore been divided, 

8056 and are anxious to be known only as the Pottowautomie Xation. 

8057 thereby reinstating the national character 5 and 

8058 Whereas the United States are also anxious to restore and 

8059 concentrate said tribes to a state so desirable and necessary for 

8060 the happiness of their people, as well as to enable the Govern- 

8061 inent to arrange and manage its intercourse with them : 

8062 How, therefore, the United States and the said Indians do 

8063 hereby agree that said people shall hereafter be known as a 

8064 nation, to be called the Pottowautomie Nation j and to the 

8065 following 



806G Articles of a treaty made and concluded at the Agency on the Mu 

8067 souri River ', near Council Bluffs, on the fifth day of June, 

8068 and at Pottawatomie Creel*, near the Osage Fiver, south and 

8069 west of the State of Missouri, on the seventeenth day of the same 

8070 month, in the year of our Lord one thousand eight hundred and 

8071 forty-six, between T. T. Andrews, Thomas H. Harvey, and 

8072 Gideon C.Matlock, commissioners on the part of the United 

8073 States on the one part, and the various hands of the Pottowau- 

8074 tomie, Chippewas, and Ottowas Indians on the other part : 



182 



8075 Article 1. It is solemnly agreed that the peace and friend- 

8070 ship which so happily exist between the people of the United 

8077 States and the Pottowautomie Indians shall continue forever ; 

8078 the said tribes of Indians giving assurance, hereby, of fidelity and 

8079 friendship to the Government and people of the United States, 

8080 and the United States giving, at the same time, promise of all 

8081 proper care and parental protection. 

8082 Article 2. The said tribes of Indians hereby agree to sell 

8083 and cede, and do hereby sell and cede to the United States, all 
8081 the lands to which they have claim of any kind whatsoever, 
8085 and especially the tracts or parcels of lands ceded to them by 
808G the treaty of Chicago, and subsequent thereto, and now, in 

8087 whole or in part, possessed by their people, lying and being 

8088 north of the river Missouri, and embraced in the limits of the 

8089 Territory of Iowa; and also all that tract of country lying and 

8090 being on or near the Osage Biver, and west of the State of Mis- 

5091 souri; it being understood that these cessions are not to affect 

5092 the title of said Indians to any grants or reservations made to 
8093 them by former treaties. 

8091 Article 3. In consideration of the foregoing cessions or 

8095 sales of land to the United States, it is agreed to pay to said 

8096 tribes of Indians the sum of eight hundred and fifty thousand 

8097 dollars, subject to the conditions, deductions, and liabilities 

8098 provided for in the subsequent articles of this treaty. 

8099 Article 4. The United States agree to grant to the said 

8100 united tribes of Indians possession and title to a tract or par* 

8101 eel of land containing five hundred and seventy-six thousand 

8102 acres, being thirty miles square, and being the eastern part of 

8103 the lands ceded to the United States by the Kansas tribe of In- 

8104 dians, by treaty concluded on the 14th day of January, and rati- 

8105 fied on the 15th of April of the present year, lying adjoining 

8106 the Shawnees on the south, and the Belawares and Shawnees on 

8107 the east, on both sides of the Kansas River, and to guarantee 

8108 the full and complete possession of the same to the Pottowauto- 
3109 mie Nation, parties to this treaty, as their land and home for- 

8110 ever ; for which they are to pay the United States the sum 

8111 of eighty^seven thousand dollars, to be deducted from the gross 

8112 sum promised to them in the 3d article of this treaty. 

8113 Article 5. The United States agree to pay said nation of 

8114 Indians, at the first annuity payment after the ratification of 

8115 this treaty, and after an appropriation shall have been made 

8116 by Congress, the sum of fifty thousand dollars, out of the 

8117 aggregate sum granted in the third article of this treaty to en- 

8118 able said Indians to arrange their affairs, and pay their just 

8119 debts, before leaving their present homes j to pay for their im- 

8120 provements ; to purchase wagons, horses, and other means of 



183 



8121 transportation, and pay individuals for the loss of property 

8122 necessarily sacrificed in moving to their new homes; said sum 

8123 to be paid, in open council, by the proper agents of the United 

8124 States, and in such just proportions to each band as the Presi- 

8125 dent of the United States may direct. 

8126 Article 6. The said tribes of Indians agree to remove to 

8127 their new homes on the Kansas Eiver, within two years from the 

8128 ratification of this treaty : and further agree to set apart the sum 

8129 of twenty thousand dollars to the upper bands, (being ten dol- 

8130 lars per head,) and ten thousand dollars to the lower bands, 

8131 (being rive dollars per head,) to pay the actual expenses of re- 

8132 moving ; and the sum of forty thousand dollars for all the bands, 

8133 as subsistence money, for the first twelve months after their 

8134 arrival at their new homes ; to be paid to them so soon as their 

8135 arrival at their new homes is made known to the Government, 

8136 and convenient arrangements can be made to pay the same be- 

8137 tween the parties to this treaty; the aforesaid sums to be also 

8138 deducted from the aggregate sum granted by the United States 

8139 to said tribes of Indians by the 3d article of this treaty. 

8140 Article 7. The balance of the said sum of eight hundred 

8141 and fifty thousand dollars, after deducting the cost of removal 

8142 and subsistence, &c, it is agreed shall remain with the United 

8143 States, in trust for said Indians, and an interest of five per cent. 

8144 annually paid thereon, commencing at the expiration of one 

8145 year after the removal of said Indians, and continuing for thirty 

8146 years, and until the nation shall be reduced below one thousand 

8147 souls. If, after the expiration of thirty years, or any period 

8148 thereafter, it shall be ascertained that the nation is reduced 

8149 below that number, the said annuity shall thenceforth be paid 

8150 pro rata so long as they shall exist as a separate aud distinct 

8151 nation, in proportion as the present number shall bear to the 

8152 number then in existence. 

8153 Article 8. It is agreed upon by the parties to this treaty 

8154 that, after the removal of the Pottowautomie Nation to the 

8155 Kansas country, the annual interest of their " improvement 

8156 fund" shall be paid out promptly and fully, for their benefit, at 

8157 their new homes. If, however, at any time thereafter, the Pres- 

8158 ident of the United States shall be of opinion that it would be 

8159 advantageous to the Pottowautomie Nation, and they should 

8160 request the same to be done, to pay them the interest of said 

8161 money in lieu of the employment of persons or purchase of ma- 

8162 chines or implements, he is hereby authorized to pay the same. 

8163 or any part thereof, in money, as their annuities are paid at the 

8164 time of the general payments of annuities. It is also agreed 

8165 that, after the expiration of two years from the ratification of 

8166 this treaty, the school-fund of the Pottowautomies shall be ex- 



184 



8167 pended entirely in their own country, unless their people, in 

S1GS council, should, at any time, express a desire to have any part 

8169 of the same expended in a different manner. 

5170 Aeticle 9. It is agreed by the parties to this treaty that 

5171 the buildings occupied as a missionary establishment, including 
8172 twenty acres of land now under fence, shall be reserved for the 
S173 use of the Government agency: also the houses used for black - 
S171 smith house and shop shall be reserved for the use of the Pot- 

5175 towautomie smith : but should the property cease to be used for 

51 76 the aforementioned purposes, then it shall revert to the use of 

5177 the Pottowautomie Nation. 

S17S Aeticle 10. It is agreed that hereafter there shall be paid 

S179 to the Pottowautomie Xation, annually, the sum of three hun- 

S1S0 dred dollars, in lieu of the two thousand pounds of tobacco, fif- 

S1SL teen hundred pounds of iron, and three hundred and fifty 

5152 pounds of steel, stipulated to be paid to the Pottowautomies 

5153 under the third article of the treaty of September 20, 1S2S. 
8184 Proclaimed July 22. 1846. 



SISo CHLPPEWAS, WYAXDOTS, DE LA WARE S . ETC. 

S1S6 A treaty of peace between the United States of America and the 

81S7 tribes of Indians called the Wyandots. Delawares, Shawanoes, 

S1SS Ottawas, Cliippewas, Putawatimes. Miamis, Eel-river. VTeea's, 

8189 Kicliapoos. Piankashmcs, and Kasl'aslians. 

S190 To put an end to a destructive war, to settle all controversies. 

8191 aud to restore harmony and a friendly intercourse between the 

8192 said United States and Indian tribes. Anthony Wayne, major 

8193 general, commanding the Army of the United States, and sole 
8191 commissioner for the good purposes above mentioned, and the 

8195 said tribes of Indians, by their sachems, chiefs, and warriors, 

8196 met together at Greeneville, the headquarters of the said Army. 

8197 have agreed on the following articles, which, when ratified by 

8198 the President, with the advice and consent of the Senate of the 

8199 United States, shall be binding on them and the said Indian 

8200 tribes. 

8201 Aeticle 1. Henceforth all hostilities shall cease : peace is 
S202 hereby established, and shall be perpetual : and a friendly inter- 
8203 course shall take place between the said United States and In- 
S201 dian tribes. 

8205 Aeticle 2. All prisoners shall onboth sides be restored. The 

8206 Indians, prisoners to the United States, shall be immediately 
8307 set at liberty. The people of the United States still remaining 



185 



S20S prisoners among the Indians shall be delivered up in ninety 

8209 days from the date hereof, to the general or commanding officer 

8210 at Greeneville, Fort Wayne, or Fort Defiance ; and ten chiefs 

8211 of the said tribes shall remain at Greeneville as hostages, until 

8212 the delivery of the prisoners shall be effected. 

8213 Articxe 3. The general boundary-line between the lauds of 

8214 the said Indian tribes shall begin at the mouth of Cayahoga 

8215 Eiver, and run thence up the same to the portage between that 
821G and the Tuscarawas branch of the Muskingum ; theuce down 

8217 that branch to the crossing-place above Fort Lawrence; thence 

8218 westerly to a fork of that branch of the Great Miami Eiver run- 

8219 ning into the Ohio, at or near which fork stood Loromie's store, 

8220 and where commences the portage between the Miami of the 

8221 Ohio, and Saint Mary's Elver, which is a branch of the Miami. 

8222 which runs into Lake Frie ; thence a westerly course to Fort 

8223 Eecovery, which stands on a branch of the Wabash ; then 
8221 south-westerly in a direct line to the Ohio, so as to intersect that 
■S22.J river opposite the mouth of Kentucke or Cuttawa Eiver. And 

8226 in consideration of the peace now established ; of the goods 

8227 formerly received from the United States ; of those now to be 

8228 delivered, and of the yearly delivery of goods now stipulated to 

8229 be made hereafter, and to indemnify the United States for the 

8230 injuries and expences they have sustained during the war, the 

8231 said Indian tribes do hereby cede and relinquish forever all 

8232 their claims to the lands lying eastwardly and southwardly of 

8233 the general boundary-line now described ; and these lands, or 
8231 any part of them, shall never hereafter be made a cause or pre- 

8235 tence, on the part of the said tribes or any of them, of war or 

8236 injury to the United States, or any of the people thereof. 

8237 And for the same considerations, and as an evidence of the 

8238 returning friendship of the said Indian tribes, of their confidence 

8239 in the United States, and desire to provide for their accommoda- 
S210 tion, and for that convenient intercourse which will be beneficial 

8211 to both parties, the said Indian tribes do also cede to the United 

8212 States the following pieces of land, to wit: (1.) One piece of 

8213 land six miles square at or near Loroniies store before mentioned. 
8211 (2.) One piece two miles square at the head of the navigable 

8215 water or landing on the St. Mary's Eiver, near Girty's town. 

8216 (3.) One piece six miles square at the head of the navigable 

8217 water of the An-Glaize Eiver. (4.) One piece six miles square 

8218 at the confluence of the Au-Glaize and Miami rivers, where Foit 

8219 Defiance now stands. (5.) One piece six miles square at or near 

8250 the confluence of the rivers St. Mary's and St. Joseph s, where 

8251 Fort Wayne now stands, or near it. (6.) One piece two miles 

8252 square on the Wabash Eiver at the end of the portage from the 

8253 Miami of the lake, and about eight miles westward from Fort 

21 I T 



186 



8254 Wayne. (7.) One piece six miles square at the Ouatanon or old 

8255 Weea towns on the Wabash Eiver. (8.) One piece twelve miles 

8256 square at the British fort on the Miami of the lake at the foot 

8257 of the rapids. (9.) One piece six miles square at the mouth of 

8258 the said river where it empties into the lake. (10.) One piece 

8259 six miles square upon Sandusky Lake, where a fort formerly 

8260 stood. (11.) One piece two miles square at the lower rapids of 

8261 Sandusky Eiver. (12.) The post of Detroit and all the land to 

8262 the north, the west, and the south of it, of which the Indian title 

8263 has been extinguished by gifts or grants to the French or English 

8264 governments ; and so much more land to be annexed to the 

8265 district of Detroit as shall be comprehended between the river 

8266 Eosine on the south, Lake St. Clair on the north, and a line, the 

8267 general course whereof shall be six miles distant from the west 

8268 end of Lake Erie and Detroit Eiver. (13.) The post of Michilli- 

8269 inackinac, and all the land on the island, on which that post 

8270 stands, and the main land adjacent, of which the Indian title 

8271 has been extinguished by gifts or grants to the French or Eng- 

8272 lish governments; and a piece of land on the main to the north 

8273 of the island, to measure six miles on Lake Huron, or the streight 

8274 between Lakes Huron and Michigan, and to extend three miles 

8275 back from the water of the lake or streight, and also the island 

8276 De Bois Blanc, being an extra and voluntary gift of the Chipewa 

8277 Nation. (14.) One piece of land six miles square at the mouth 

8278 of Ohikago Eiver emptying into the southwest end of Lake 

8279 Michigan, where a fort formerly stood. (15.) One piece twelve 

8280 miles square at or near the mouth of the Illinois Eiver, emptying 

8281 into the Mississippi. (16.) One piece six miles square at the old 

8282 Piorias fort and village, near the south end of the Illinois Lake 

8283 on said Illinois Eiver. And whenever the United States shall 

8284 think proper to survey and mark the boundaries of the lands 

8285 hereby ceded to them, they shall give timely notice thereof to 

8286 the said tribes of Indians, that they may appoint some of their 

8287 wise chiefs to attend and see that the lines are run according to 

8288 the terms of this treaty. 

8289 And the said Indian tribes will allow to the people of the 

8290 United States a free jmssage by land and by water, as one and 

8291 the other shall be found convenient, through their country, along 

8292 the chain of posts hereinbefore mentioned; that is to say, from 

8293 the commencement of the portage aforesaid at or near Loromie's 

8294 store, thence along said portage to the St. Mary's, and down 

8295 the same to Fort Wayne, and then down the Miami to Lake Erie : 

8296 again from the commencement of the portage at or near Loro- 

8297 mie's store along the portage from thence to the river Au-Glaize, 

8298 and down the same to its junction with the Miami at Fort Defi. 

8299 ance; again from the commencement of the portage aforesaid 



187 



8300 to Sandusky River, and down the same to Sandusky Bay and 

8301 Lake Erie, and from Sandusky to the post which shall be taken 

8302 at or near the foot of the rapids of the Miami of the lake ; and 

8303 from thence to Detroit. Again from the mouth of Chikago to 

8304 the commencement of the portage, between that river and the 

8305 Illinois, and down the Illinois River to the Mississippi ; also from 

8306 Fort Wayne along the portage aforesaid which leads to the Wa- 

8307 bash, and then down the Wabash to the Ohio. And the said 

8308 Indian tribes will also allow to the people of the United States 

8309 the free use of the harbours and mouths of rivers aloug the lakes 

8310 adjoining the Indian lands, for sheltering vessells and boats, and 

8311 liberty to land their cargoes where necessary for their safety. 

8312 Aeticle 4. In consideration of the peace now established 

8313 and of the cessions and relinquishments of lands made in the 
8311 preceding article by the said tribes of Indians, and to manifest 

8315 the liberality of the United States, as the great means of render- 

8316 ing this peace strong and perpetual, the United States relinquish 

8317 their claims to all other Indian lands northward of the river 

8318 Ohio, eastward of the Mississippi, and westward and southward 

8319 of the Great Lakes and the waters uniting them, according to 

8320 the boundary-line agreed on by the United States and the King 

8321 of Great Britain, in the treaty of peace made between them in 

8322 the year 1783. But from this relinquishment by the United 

8323 States the following tracts of land are explicitly excepted : 1st. 
8321 The tract of one hundred and fifty thousand acres near the rapids 

8325 of the river Ohio, which has been assigned to General Clark, for 

8326 the use of himself and his warriors. 2d ? The post of St. Yincennes 

8327 on the river Wabash, and the lands adjacent, of which the 
832S Indian title has been extinguished. 3d. The lands at all other 

8329 places in possession of the French people and other white set- 

8330 tiers among them, of which the Indian title has been extinguished 

8331 as mentioned in the 3d article; and 1th. The post of Fort Mas- 

8332 sac. toward the mouth of the Ohio. To which several parcels of 

8333 land so excepted, the said tribes relinquish all the title and claim 
S331 which they or any of them may have. 

8335 And for the same considerations and with the same views 

8336 as above mentioned, the United States now deliver to the said 

8337 Indian tribes a quantity of goods to the value of twenty thou- 

8338 sand dollars, the receipt whereof they do hereby acknowledge; 

8339 and henceforward every year forever the United States will 

8310 deliver at some convenient place northward of the river Ohio, 

8311 like usefull goods, suited to the circumstances of the Indians, of 

8312 the value of nine thousand five hundred dollars : reckoning that 

8313 value at the first cost of the goods in the city or place in the 
8311 United States where they shall be procured. The tribes to which 



188 



8345 those goods are to be annually delivered, and the proportions in 

8346 which they are to be delivered, are the following : 

8347 1st. To the Wyandots, the amount of one thousand dollars. 

8348 2d. To the Delawares, the amount of one thousand dollars. 3d. 
8340 To the Shawanese, the amount of one thousand dollars. 4th. 

8350 To the Miainis, the amount of one thousand dollars. 5th. To the 

8351 Ottawas, the amount of one thousand dollars. 6th. To the Chip- 

8352 pewas, the amount of one thousand dollars. 7th. To the Puta- 

8353 watimes, the amount of one thousand dollars. 8th. And to the 

8354 Kickapoo, Weea, Eel Biver, Piaukashaw and Kaskaskias tribes, 

8355 the amount of five hundred dollars each : Provided, That if 

8356 either of the said tribes shall hereafter, at an annual delivery of 

8357 their share of the goods aforesaid, desire that a part of their 

8358 annuity should be furnished in domestic animals, implements of 

8359 husbandry, and other utensils convenient for them, and in com- 

8360 pensation to usefull artificers who may reside with or near them, 

8361 and be employed for their benefit, the same shall at the subse- 

8362 quent annual deliveries be furnished accordingly. 

8363 Article 5. To prevent any misunderstanding about the 

8364 Indian lands relinquished by the United States in the fourth 

8365 article, it is now explicitly declared that the meaning of that 

8366 relinquishment is this: The Indian tribes who have a right 

8367 to those lauds are quietly to enjoy them, hunting, planting, and 

8368 dwelling thereon so long as they please, without any molestation 

8369 from the United States ; but when those tribes, or any of them, 

8370 shall be disposed to sell their lands, or any part of them, they 

8371 are to be sold only to the United States ; and untill such sale 

8372 the United States will protect all the said Indian tribes in tbe 

8373 quiet enjoyment of their lauds against all citizens of the United 

8374 States and against all other white persons who intrude upon the 

8375 same. And the said Indian tribes again acknowledge thein- 

8376 selves to be uuder the protection of the said United States and 

8377 no other power whatever. 

8378 Article 6. If any citizen of the United States, or any 

8379 other white person or persons, shall presume to settle upon the 

8380 lauds now relinquished by the United States, such citizeu or 

8381 other person shall be out of the protection of the United States ; 

8382 and the Indian tribe on whose land the settlement shall be made 

8383 may drive off the settler, or punish him in such manner as they 

8384 shall think fit; and because such settlements made without the 

8385 consent of the United States will be injurious to them as well 

8386 as to the Indians, the United States shall be at liberty to break 

8387 them up, and remove and punish the settlers as they shall think 

8388 proper, and so effect that protection of the Indian lands herein- 

8389 before stipulated. 

8390 Article 7. The said tribes of Indians, parties to this 



189 



8391 treaty, shall be at liberty to hunt within the territory and lands 

8392 which they have now ceded to the United States, without hin 

8393 drance or molestation, so long as they demean themselves peace - 
839i ably and offer no injury to the people of the United States. 

8395 Article 8. Trade shall be opened with the said Indian 

8396 tribes ; and they do hereby respectively engage to afford pro- 

8397 tection to such persons, with their property, as shall be duly 

8398 licensed to reside among them for the purpose of trade, and 

8399 to their agents and servants 5 but no person shall be permit- 

8100 ted to reside at any of their towns or hunting-camps as a 
8401 trader who is not furnished with a license for that purpose 
8102 under the hand and seal of the superintendent of the depart- 
8403 ment northwest of the Ohio, or such other person as the Presi- 

8101 dent of the United States shall authorize to grant such licenses, 

8105 to the end that the said Indians may not be imposed on in their 

8106 trade. And if any licensed trader shall abuse his privilege by 

8107 unfair dealing, upon complaint and proof thereof, his license 

8108 shall be taken from him, and he shall be further punished ac- 

8109 cording to the laws of the United States. And if any person 

8110 shall intrude himself as a trader, without such license, the said 

8111 Indians shall take and bring him before the superintendent or 

8112 his deputy, to be dealt with according to law. And to prevent 

8113 . impositions by forged licenses, the said Indians shall at least 
8111 once a year give information to the superintendent or his depu- 

8115 ties of the names of the traders among them. 

8116 Article 9. Lest the firm peace and friendship now estab- 

8117 lished should be interrupted by the misconduct of individuals, 

8118 the United States and the said Indian tribes agree, that for in- 

8119 juries done by individuals 011 either side, no private revenge or 

8120 retaliation shall take place; but, instead thereof, complaint shall 

8121 be made by the party injured to the other : by the said Indian 

8122 tribes, or any of them, to the President of the United States, or 

8123 the superintendant by him appointed; and by the superiutend- 
8121 ent or other person appointed by the President, to the principal 

8125 chiefs of the said Indian tribes, or of the tribe to which the offender 

8126 belongs; and such prudent measures shall then be pursued as shall 

8127 be necessary to preserve the said peace and friendship unbroken, 

8128 until the Legislature (or Great Council) of the L^nited States 

8129 shall make other equitable provision in the case, to the satis- 

8130 faction of both parties. Should any Indian tribes meditate a war 

8131 against the United States, or either of them, and the same shall 

8132 come to the knowledge of the before-mentioned tribes, or either 

8133 of them, they do hereby engage to give immediate notice thereof 
8131 to the general or officer commanding the troops of the United 

8135 States at the uearest post. And should any tribe, with hostile 

8136 intentions against the United States, or either of them, attempt 



190 



8137 to pass through their country, they will endeavour to prevent 

8138 the same, and in like manner give information of such attempt 
8439 to the general or officer commanding, as soon as possible, that 

8410 all causes of mistrust and suspicion may be avoided between 

8411 them and the United States. In like manner the United States 

8442 shall give notice to the said Indian tribes of any harm that may be 

8443 meditated against them, or either of them, that shall come to 

8444 their knowledge ; and do all in their power to hinder and pre- 

8445 vent the same, that the friendship between them may be unin- 

8446 terrupted. 

8447 Article 10, All other treaties heretofore made between 

8448 the United States and the said Indian tribes, or any of them, 

8449 since the treaty of 1783, between the United States and Great 

8450 Britain, that come within the purview of this treaty, shall 

8451 henceforth cease and become void, 
8152 Proclaimed December 2, 1795. 



8153 CHIPPEWAS, WYANDOTS, OTTAWAS, MUNSEES, AND 
8451 DELA WARES, ETC. 

8155 ^1 treaty between the United States of America and the sachems, 

8156 chiefs, and warriors of the Wyandot, Ottawa, Chipawa, Mun- 
8457 see and Delaware, Hhawanee, and Pottawatima Nations, 

8158 holden at Fort Industry, on the Miami of the lalie, on the 

8159 fourth day of July, anno Domini one thousand eight hundred 

8160 and five. 

8161 Article 1. The said Indian nations do again acknowledge 

8162 themselves and all their tribes to be in friendship with, and 

8163 under the protection of, the United States. 

8161 Article 2. The boundary-line between the United States 

8165 and the nations aforesaid shall in future be a meridian-line 

8166 drawn north and south, through a boundary to be erected on the 

8167 south shore of Lake Erie, one hundred and twenty miles due 

8168 west of the west boundary-line of the State of Pennsylvania, 

8169 extending north until! it intersects the boundary-line of the 

8170 United States, and extending south it intersects a line heretofore 

8171 established by the treaty of Grenville. 

8172 Article 3. The Indian nations aforesaid, for the considera- 

8173 tion of friendship to the United States, and the sums of money 
8171 hereinafter mentioned, to be paid annually to the Wyandot, 

8175 Shawanee, Munsee and Delaware Nations, have ceded and do 

8176 hereby cede and relinquish to said Uuited States forever, all 
8477 the lands belonging to said United States lying east of the 
8178 aforesaid line, bounded southerly and easterly by the line estab- 



191 



8479 lished by said treaty of Grenville, and northerly by the north- 

8480 ernrnost part of the forty-first degree of north latitude. 

8481 Article 4. The United States, to preserve harmony, mani- 

8482 test their liberality, and in consideration of the cession made in 

8483 the preceding- article, will, every year forever hereafter, at De 

8484 troit, or some other convenient place, pay and deliver to the 

8485 Wyandot. Munsee and Delaware Nations, and those of the 

8486 Shawanee and Seneca Nations who reside with the Wyandots, 

8487 the sum of eight hundred and twenty-five dollars, current money 

8488 of the United States, and the farther sum of one hundred and 

8489 seventy-five dollars, making in the whole an annuity of one 

8490 thousand dollars; which last sum of one hundred and seventy- 

8491 five dollars has been secured to the Pr esident, in trust for said 

8492 nations, by the Connecticut Land Company, and by the com- 

8493 pany incorporated by the name of " The Proprietors of the 

8494 Half Million Acres of Land lying south of Lake Erie, called 

8495 Sufferer's Land," payable annually as aforesaid, and to be 

8496 divided between said nations, from time to time, in such propor- 

8497 tions as said nations, with the approbation of the President, 

8498 shall agree. 

8499 Article 5. To prevent all misunderstanding hereafter, it 

8500 is to be expressly remembered that the Ottawa and Chipawa 

8501 ^Nations, and such of the Pottawatima Nation as reside on the 

8502 river Huron of Lake Erie, and in the neighbourhood thereof. 

8503 have received from the Connecticut Land Company, and the 

8504 company incorporated by the name of " The Proprietors of the 

8505 Half Million Acres of Land lying south of Lake Erie, called 

8506 Sufferer's Land," the sum of four thousand dollars in hand, and 

8507 have secured to the President of the United States, in trust for 

8508 them, the further sum of twelve thousand dollars, payable in 

8509 six annual instalments of two thousand each : which several 

8510 sums is the full amount of their proportion of the purchases 

8511 effected by this treaty, and also by a treaty with said companies 

8512 bearing even date herewith : which proportions were agreed on 

8513 and concluded by the whole of said nations in their general 

8514 council : which several sums, together with two thousand nine 

8515 hundred and sixteen dollars and sixt3~-seven cents, secured to 

8516 the President, to raise said sum of onehuudred and seventy-five 

8517 dollars annuity as aforesaid, is the amount of the consideration 

8518 paid by the agents of the Connecticut Reserve for the cession 

8519 of their lands. 

8520 Article 6. The said Indian nations, parties to this treaty, 

8521 shall be at liberty to fish and hunt within the territory aud lands 

8522 which they have now ceded to the United States, so long as they 

8523 shall demean themselves peaceably. 

8524 Proclaimed April 24, 1806. 



192 



8525 CHIPPEWAS, OTTAWAS, WYANDOTTS, AED POTTA- 

8520 WOTTOMIES. 

8527 Articles of a treaty made at Detroit, this seventeenth day of Ao- 

852S vember, in the year of our Lord one thousand eight hundred 

8521) and seven, by William Hull, governor of the Territory of Mich - 

8530 igan, and superintehdant of Indian affairs, and sole commis- 

8531 sioner of the United States, to conclude and sign a treaty or 

8532 treaties with the several nations of Indians northwest of the 

8533 river Ohio, on the one part, and the sachems, chiefs, and war- 
8531 riors of the Ottoway, Chippeway, Wyandotte, and Pottawa- 

8535 tamie nations of Indians, on the other part. To confirm and 

8536 perpetuate the friendship which happily subsists between the 

8537 United States and the nations aforesaid, to manifest the sin- 

8538 cerity of that friend shi±), and to settle arrangements mutually 

8539 beneficial to the parties, after a full explanation and perfect 

8510 understanding, the following articles are agreed to, which, when 

8511 ratified by the President, by and with the advice and consent of 

8512 the Senate of the United States, shall be binding on them and 

8513 the respective-nations of Indians : " 

8511 Article 1. The sachems, chiefs, arid warriors of the nations 

8515 aforesaid, in consideration of money and goods, to be paid to the 

8510 said nations by the Government of the United States, as here- 

8517 after stipulated, do hereby agree to cede, and forever quit-claim, 

8518 and do in behalf of their nations hereby cede, relinquish, and 

8519 forever quit-claim unto the said United States, all right, title, and 

8550 forever quit-claim unto the said United States, all right, title, and 

8551 or claimed, in or unto the lands comprehended within the fol- 

8552 iowing-described lines and boundaries : Beginning at the mouth 

8553 of the Miami River of the lakes, and running thence. up the 
8551 middle thereof, to the mouth of the great Au Glaize Elver . 
8555 thence running due north until it intersects a parallel of latitude, 
8550 to be drawn from the outlet of Lake Huron, which forms the 
3557 river Sinclair : thence running northeast, the course that may 

8558 be found will lead in a direct line to White Eock, in Lake Huron ; 

8559 thence due east until it intersects the boundary -line between the 

8560 United States and Upper Canada, in said lake ; thence south- 

856 1 wardly, following the said boundary-line down said lake through 
S562 river Sinclair, Lake St. Clair, and the river Detroit, into Lake 
8563 Erie, to a point due east of the aforesaid Miami River; thence 
8564: west to the place of beginning. 

S565 Article 2. It is hereby stipulated and agreed on the part 

SdQQ of the United States, as a consideration for the lands ceded by 

8567 the nations aforesaid in the preceding article, that there shall be 



193 



8568 paid to the said nations, at Detroit, ton thousand dollars, in 

8569 money, goods, implements of husbandry, or domestic animals, 

8570 (at the option of the said nations, seasonably signified, through 

8571 the superintendant of Indian affairs, residing with the said 
857i' nations, to the Department of War,) as soon as practicable after 

8573 the ratification of the treaty by the President, with the advice 

8574 and consent of the Senate of the United States; of this sum 

8575 three thousand three hundred and thirty-three dollars thirty - 
h576 three cents and four mills shall be paid to the Ofctaway Nation. 

8577 three thousand three hundred and thirty-three dollars thirtv- 

8578 three cents and four mills to the Chippeway Nation, one 

8579 thousand six hundred sixty-six dollars sixty-six cants and six 

8580 mills to the Wyandotte Nation, one thousand six hundred 

8581 sixty-six dollars sixty-six cents and six mills to the Potta- 

8582 watamie Nation, and likewise an annuity forever , of two thousand 
S5S3 four hundred dollars, to be paid at Detroit, in manner as afore- 

8584 said ; the first payment to be made on the first day of September 

8585 next, and to be paid to the different nations in the following pro- 

8586 portions : Eight hundred dollars to the Ottaways, eight hundred 

8587 dollars to the Chippeways, four hundred dollars to the Wyau- 

8588 dottes, and four hundred dollars to such of the Pottawatamies 

8589 as now reside on the river Huron of Lake Erie, the river "Raisin, 

8590 and in the vicinity of the said rivers. 

8591 ARTICLE S. It is further stipulated and agreed, if at any 

8592 time hereafter the said nations should be of the opinion that it 

8593 would be more for their interest that the annuity aforesaid 

8594 should be paid by instalments, the United States will agree to 

8595 a reasonable commutation for the annuity, and pay it accord- 

8596 ingly. 

8597 Article 4. The United States, to manifest their liberality 

8598 and disposition to encourage the said Indians in agriculture, 

8599 further stipulate to furnish the said Indians with, two black- 

8600 smiths, one to reside with the Chippeways, at Saguina, aud the 

8601 other to reside with the Ottaways, at the Miami, during the 

8602 term often years; said blacksmiths are to do such work for the 

8603 said nations as shall be most useful to them. 

8604 Article 5. It is further agreed aud stipulated that the 

8605 said Indian nations shall enjoy the privilege of hunting and fish- 

8606 ing on the lauds ceded as aforesaid as long as they remain the 

8607 property of the United States. 

8608 Article 6. It is distinctly to be understood, for the accom- 

8609 modation of the said Indians, that the following tracts of laud 

8610 within the cession aforesaid shall be, and hereby are. reserved to 

8611 the said Indian nations ; one tract of laud six miles square, on the 
S612 Miami of Lake Erie, above Roche de Bocut] to include the village 
8613 where Tondaganie (or the Dog) now lives. Also, three miles 

25 I T 



194 



8611 square on the said river, (above the twelve miles square ceded 

8615 to the United States by the treaty of Greenville.) including 

8616 what is called Presque Isle ; also four miles square on the Miami 
8017 Bay. including the villages where MeshJcemau and Wau-gau now 

8618 live: also three miles square on the river Raisin, at a place 

8619 called Macon, and where the river Macon falls into the river 

8620 Raizin, which place is about fourteen miles from the mouth, of 

8621 said river Raizin; also two sections, of one mile square each, on 

8622 the river Rouge, at Seginsi win's village ; also two sections, of one 

8623 mile square each, at TonquisWs village, near the river Rouge; 

8624 also three miles square on Lake St. Clair, above the river Hu- 

8625 ron, to include Machonce's village; also, six sections, each, see- 

8626 tion containing one mile square, within the cession aforesaid, in 

8627 such situations as the said Indians shall elect, subject, however, 

8628 to the approbation of the President of the United States as to 

8629 the places of location. It is further understood and agreed, 

8630 that whenever the reservations cannot conveniently be laid out 

8631 in squares, they shall be laid out in paralelograms, or other 

8632 figures, as found most practicable and convenient, so as to con- 

8633 tain the area specified in miles, and in all cases they are to be 
8631 located in such manner and in such situations as not to inter- 
8635 fere with any improvements of the French or other white peo- 
S636 pie. or any former, cessions. 

8637 Article 7. The said nations of Indians acknowledge thein- 

8638 selves to be under the protection of the United States, and no 

8639 other power, and will x>rove by their conduct that they are 

8610 worthy of so great a blessing. 

8611 Proclaimed January 27, 1808. 



8612 OHIPPEWAS, OTTAWAS, AND POTTAAYOTTOMIES, ETC. 

8613 Articles of a treaty made and concluded at Brownstown, in the 
8611 Territory of Michigan, between William Hull, governor of the 

8615 said Territory, superintendent of Indian affairs, and commis- 

8616 sioner plenipotentiary of the United States of America for 

8617 concluding any treaty or treaties which may be found neces- 

8618 - sary with any of the Indian tribes northwest of the river 

8619 Ohio, of the one part, and the sachems, chiefs, and warriors of 
8659 the Chippewa, Ottowa, Pottawatamie, Wyandot, and Shaw- 

8651 anoese Nations of Indians, of the other part. 

8652 Article 1. Whereas by a treaty concluded at Detroit, on the 

8653 seventeenth day of November, in the year of our Lord one thou- 
8651 sand eight hundred and seven, a tract of land lying to the west 



195 



8655 and north of the river Miami, of Lake Erie, and principally 

8650 within the Territory of Michigan, was ceded by the Indian na- 

8657 tions to the United States ; and whereas the lands lying on tbe 

S6oS southeastern side of the said river Miami, and between said 

8659 river and the boundary-lines established by the treaties of 

8660 Greenville and Fort Industry, with the exception of a few small 

8661 reservations to the United States, still belong to the Indian 

8662 nations, so that the United States cannot, of right, open and 

8663 maintain a convenient road from the settlements in the State of 

8664 Ohio to the settlements in the Territory of Michigan, nor ex- 
tend those settlements so as to connect them ; in order, there- 

8666 fore, to promote this object, so desirable and evidently beneficial 

8667 to the Iudian nations as well as to the United States, the parties 

8668 have agreed to the following articles, which, when ratified by 

8669 the President of the United States, by and with the advice and 

8670 consent of the Senate thereof, shall be reciprocally binding. 

8671 Article 2. The several nations of Indians aforesaid, in 

8672 order to promote the object mentioned in the preceding article, 

8673 and in consideration of the friendship they bear towards the 

8674 United States, for the liberal and benevolent policy which has 

8675 been practised toward them by the Government thereof, do 

8676 hereby give, grant, and cede unto the said United States a 

8677 tract of land for a road, of one hundred and twenty feet in 

8678 weadth, from the foot of the rapids of the river Miami of Lake 

8679 Erie to the western line of the Connecticut reserve, and all the 

8680 land within one mile of the said road, on each side thereof, for 

8681 the purpose of establishing settlements along the same ; also a 

8682 tract of land, for a road only, of one hundred and twenty feet in 
SGS3 weadth, to run southwardly from what is called Lower San- 
8681 dusky, to the boundary -line established by the treaty of Greeu- 

8685 ville, with the privilege of taking at all times such timber and 

8686 other materials from the adjacent lands as may be necessary 

8687 for making and keeping in repair the said road, with the bridges 

8688 that may be required along the same. 

8689 Article 3. It is agreed, that the lines embracing the lands 

8690 given and ceded by the preceding article shall be run in such 

8691 directions as may be thought most adviseable by the President 

8692 of the United States for the purposes aforesaid. 

8693 Article 4. It is agreed that the said Indian nations shall 

8694 retain the privilege of hunting and fishing on the lands given 

8695 and ceded as above, so long as the same shall remain the prop- 

8696 erty of the United States. 

8697 Article 5. The several nations of Indians aforesaid do 

8698 again acknowledge themselves to be under the protection of the 

8699 United States, and of no other sovereign : and the United Start s 

8700 on their part do renew their covenant, to extend protection to 



196 



8701 them according to the intent and meaning of stipulations in 

S702 former treaties. 

8703 Proclaimed March 3, 1800. 

8701 A Treaty between the United States of America and the Wyandot, 

8705 Delaware, Seneca, Shawanoe, Miami, Chippewa, Ottawa, and 

8706 Potawatimie tribes of Indians, residing within the limits of 

8707 the State of Ohio and the Territories of Indiana and Michigan. 

8708 Whereas the Chippewa, Ottawa, and Potawatimie tribes 

8709 of Indians, together with certain bands of the Wyandot, Dela- 

8710 ware, Seneca, Shawanoe, and Miami tribes, were associated with 

8711 Great Britain in the late war between the United States and that 

8712 power, and have manifested a, disposition to be restored to the 

8713 relations of peace and amity with the said States ; and the Presi- 
8711 dent of the United States having appointed William Henry 

8715 Harrison, late a major-general in the service of the United 

8716 States, Duncan M' Arthur, late a brigadier in the service of the 

8717 United States, and John Graham, esquire, as commissioners to 

8718 treat with the said tribes; the said commissioners and the sa- 

8719 chems, head-men, and warriors of said tribes, having met in 

8720 council at the Spring W ells, near the city of Detroit, have agreed 

8721 to the following articles, which, when ratified by the President, 

8722 by and with the advice and consent of the Senate of the United 

8723 States, shall be binding on them and the said tribes : 

8724 Article 1. The United States give peace to the Chippe- 

8725 wa, Ottawa, and Potawatimie tribes. 

8726 Article 2. They also agree to restore to the said Chippe- 

8727 wa, Ottawa, and Potawatimie tribes all the possessions, rights, 

8728 and privileges which they enjoyed, or were entitled to, in the 

8729 year one thousand eight hundred and eleven, prior to the com- 

8730 mencement of the late war with Great Britain ; and the said 

8731 tribes, upon their part, agree again to place themselves under 

8732 the protection of the United States, and of no other power what- 

8733 soever. 

8734 Article 3. In consideration of the fidelity to the United 

8735 States which has been manifested by the Wyandot, Delaware, 

8736 Seneca, and Shawanoe tribes throughout the late war, and of 

8737 the repentance of the Miami tribe, as manifested by placing them- 

8738 selves under the protection of the United States by the treaty 

8739 of Greenville, in eighteen hundred and fourteen, the said States 

8740 agree to pardon such of the chiefs and warriors of said tribes as 

8741 may have continued hostilities against them until the close of the 

8742 war with Great Britain, and to permit the chiefs of their respec- 

8743 five tribes to restore them to the stations and property which 

8744 they held previously to the war. 



197 



8745 Article 4. The United States and the before-mentioned 

8746 tribes or nations of Indians, that is to say, the Wyandot, Dela- 
S747 ware. Senaca, Shawanoe, Miami, Chippewa, Ottawa, and Pota 
8748 watnnies, agree to renew aud confirm the treaty of Greenville, 
$749 made in the year one thousand seven huudred and ninety-five. 

8750 and all subsequent treaties to which they were, respectively. 

8751 parties, and the same are hereby again ratified and confirmed 

8752 in as full a manner as if they were inserted in this treaty. 

8753 Rati tied Doc 26. 1815. 

8754 Articles of a treaty made and concluded, at the foot of the rapids 
S755 of the Miami of Lake Erie, between Lewis Cass and Duncan 

8756 McArthur, commissioners of the United State*, with full poire r 

8757 and authority to hold conferences, and conclude and sign a treaty 

8758 or treaties with all or any of the tribes or nations of Indians 

8759 within the boundaries of the State of Ohio, of and concerning 

8760 all matters interesting to the United States and the said nations 

8761 of Indians, on the one part ; and the sachems, chiefs, and war- 

8762 riors of the Wyandot, Seneca, Delaware, Shawanese. Pota- 

8763 icatomees. Qttawas, and Chippeway tribes of Indians. 

8764 Aeticle 1. The Wyandot tribe of Indians, in consideration 
S765 of the stipulations herein made on the part of the United States. 

8766 do hereby forever cede to the United States the lands courpre- 

8767 hended within the following* hues and boundaries: Beginning 

8768 at a point on the southern shore of Lake Erie, where the present 
8760 Indian boundary-line intersects the same, between the mouth of 

8770 Sandusky Bay and the mouth of Portage River : thence running 

8771 south with said line, to the line established in the year one thou- 

8772 sand seven hundred and ninety-five, by the treaty of Greenville. 

8773 which runs from the crossing-place above Fort Lawrence to 

8774 Loramie's store : thence westerly, with the last-mentioned line. 

8775 to the eastern line of the reserve at Loramie's store : thence with 

8776 the lines of said reserve, north and west, to the northwestern 

8777 corner thereof : thence to the northwestern corner of the reserve 

8778 on the river St. Mary's, at the head of the navigable waters 

8779 thereof : thence east, to the western bank of the St. Mary's 

8780 River aforesaid : thence down on the western bank of the said 

8781 river, to the reserve at Fort Wayne : thence with the lines of 
S782 the last-mentioned reserve, easterly and northerly, to the north 

8783 bank of the river Miami of Lake Erie : thence down on the north 

8784 bank of the said river, to the western line of the land ceded to 

8785 the United States by the treaty of Detroit in the year one thou- 

8786 sand eight hundred and seven : thence with the said line south. 

8787 to the middle of said Miami Biver, opposite the mouth of the 

8788 Great Auglaize Biver ; thence down the middle ot said Miami 



198 



5789 River, and easterly with the lines of the tract ceded to the United 

5790 States by the treaty of Detroit aforesaid, so far that a south line 

8791 will strike the place of beginning. 

8792 Article 2. The Potawatoiny. Ottawas, and Chippeway 

8793 tribes of Indians, in consideration of the stipulations herein 

8794 made on the part of the United States, do hereby forever cede 

8795 to the United States the land comprehended within the follow- 

8796 iog lines and boundaries : Beginning where the western line of 

8797 the State of Ohio crosses the river Miami of Lake Erie, which is 

8798 about twenty-one miles above the mouth of the Great Auglaize 

8799 River ; thence down the middle of the said Miami River, to a 

8800 point north of the mouth of the Great Auglaize River ; thence 

8801 with the western line of the land ceded to the United States by 

8802 the treaty of Detroit, in one thousand eight hundred and seveu, 

8803 north forty-five miles ; then west, so far that a line south will 
8801 strike the place of beginning; thence south to the place of 
8805 begin niug. 

880G Article 3. The Wyandot, Seneca, Delaware, Shawnese, 

8807 Potawatoiny, Ottawas, and Chippeway tribes of Indians accede 

8808 to the cessions mentioned in the two preceding articles. 

8809 Article 1. In consideration of the cessions and recogni- 

8810 tions stipulated in the three preceding articles, the United States 

8811 agree to pay to the Wyandot tribe, annually, forever, the sum of 

8812 four thousand dollars, in specie, at Upper Sandusky. To the 

8813 Seneca tribe, annually, forever, the sum of five hundred dollars, 

8814 in specie, at Lower Sandusky. To the Shawnese tribe, annually, 

8815 forever, the sum of two thousand dollars, in specie, at Wapagh- 
881G konetta. To the Potawatomy tribe, annually, for the term of 

8817 fifteen years, the sum of one thousand three hundred dollars, in 

8818 specie, at Detroit. To the Ottawas tribe, annually, for the term 

8819 of fifteen years, the sum of one thousand dollars, in specie, at 

8820 Detroit. To the Chippewa tribe, annually, for the term of fifteen 

8821 years, the sum of one thousand dollars, in specie, at Detroit. 

8822 To the Delaware tribe, in the course of the year one thousand 

8823 eight hundred and eighteen, the sum of five hundred dollars, in 

8824 specie, at Wapaghkonetta, but no annuity. And the United 

8825 States also agree that all annuities clue by any former treaty 

8826 to the Wyandot, Shawnese, and Delaware tribes, and the an- 

8827 nuity due by the treaty of Greenville to the Ottawas and Chip- 

8828 pewas tribes, shall be paid to the said tribes, respectively, in 

8829 specie. 

8830 Article 5. The schedule hereunto annexed is to be taken 

8831 and considered as a part of this treaty; and the tracts herein 

8832 stipulated to be granted to the Wyandot, Seneca, and Shaw- 

8833 nese tribes of Indians are to be granted for the use of the 



109 



8834 persons mentioned in the said schedule, agreeably to the de- 

8835 scriptions, provisions, aud limitations therein contained. 

8836 Article 6. The United States agree to grant, by patent, in 

8837 fee simple, to Doanquod, Howoner, Bontondee, Tauyan, Bonta- 

8838 van, Dawatont, Manocue, Tauyaudautauson, aud Haudaunwaugh, 

8839 chiefs of the Wyandot tribe, and their successors in office, chie fs 

8840 of the said tribe, for the use of the persons aud for the pnr- 

8841 poses mentioned in the auuexed schedule, a tract of land twelve 

8842 miles square, at Upper Sandusky, the centre of which shall be 

8843 the place where Fort Ferree stands ; and also a tract of one mile 

8844 square, to be located where the chiefs direct, on a cranberry 
8345 swamp, on Broken Sword Creek, and to be held for the use of 
8840 the tribe. 

SS47 The United States also agree to grant, by patent, in fee 

8848 simple, to Tahawmadoyaw, Captain Harris, Isahownusay, Joseph 

8849 Tawgyou, Captain Smith, Coffee-House, Running About, aud 

8850 Wiping Stick, chiefs of the Seneca tribe of Indians, and their 
S851 successors in office, chiefs of the said tribe, for the use of the 

8852 persons mentioned in the annexed schedule, a tract of laud, to 

8853 contain thirty thousand acres, beginning on the Sandusky Eiver. 

8854 at the lower corner of the section hereinafter granted to William 

8855 Spicer : thence down the said river on the east side, with the 

8856 meanders thereof, at high-water mark, to a point east of the 

8857 mouth of Wolf Creek ; thence, aud from the beginning, east. 

8858 so for that a north line will include the quantity of thirty thon- 

8859 sand acres aforesaid. 

S860 The United States also agree to grant, by patent in fee 

8361 simple, to Catewekesa or Black Hook, Byaseka or Wolf, Pomthe 

8862 or Walker, Shemenetoo or Big Snake, Othawakeseka or Yellow 

8863 Feather, Chakalowah or the Tail's End, Pemthala or John 

8864 Perry, Wabepee or White Colour, chiefs of the Shawnese tribe, 
SS65 residing at Wapaghkonetta, aud their successors in office, chiefs 

8866 of the said tribe, residing there, for the use of the persons 

8867 mentioned in the annexed schedule, a tract of land ten miles 

8868 square, the center of which shall be the council-honse at Wapagh- 

8869 konetta. 

8870 The United States also agree to grant, by patent in fee 

8871 simple, to Peeththa or Falling Tree, and to Onowaskemo or the 

8872 Eesolate Man, chiefs of the Shawnese tribes, residing on Hog 

8873 Creek, and their successors in office, chiefs of the said tribe, re- 

8874 siding there, for the use of the persons mentioned in the annexed 
8375 schedule, a tract of land containing twenty-hve square miles. 

8876 which is to join the tract granted at Wapaghkonetta. and to in. 

8877 elude the Shawnee Settlement, on Hog Creek, and to be laid oft' 
8378 as nearly as possible in a square form. 

8S79 The United States also agree to grant, by patent in fee sim- 



200 



8880 pie, to Quatawape or Captain Lewis, Shekaghela or Turtle, 

8881 Skilowa or Robin, chiefs of the Shawnese tribe of Indians re- 

8882 siding at Lewistown, and to Mesomea or Civil John, Wakawux- 

8883 sheno or the White Man, Oquesheno or Joe, and Willaquasheno 

8884 or When you are tired sit down, chiefs of the Seneca tribe of 

8885 Indians residing* at Lewistown, and to their successors in office, 

8886 chiefs of the said Shawnese and Seneca tribes, for the use of the 

8887 persons mentioned in the annexed schedule, a tract of land to 

8888 contain forty-eight square miles, to begin at the intersection of 

8889 the line run by Charles Roberts, in the year one thousand eight 

8890 hundred and twelve, from the source of the Little Miami River 

8891 to the source of the Sciota River, in pursuance of instructions 

8892 from the commissioners appointed on the part of the United 

8893 States, to establish the western boundary of the Virginia Mili- 

8894 tary Reservation, with the Indian boundary -line established by 

8895 the treaty of Greenville, in one thousand seven hundred and 

8896 ninety-live, from the crossings above Fort Lawrance to Loraroie's 

8897 store, and to run from such intersection, northerly, with the 

8898 first mentioned line, and westerly, with the second mentioned 

8899 line, so as to include the quantity as nearly in a square form as 

8900 practicable, after excluding the section of land hereinafter 

8901 granted to Nancy Stewart. 

8902 There shall also be reserved for the use of the Ottawas In- 

8903 dians, but not granted to them, a tract of land op Blanchard's 

8904 fork of the Great Auglaize River, to contain five miles square, 

8905 the centre of which tract is to be where the old trace crosses 

8906 the said fork, and one other tract, to contain three miles square, 

8907 on the Little Auglaize River, to include Oquanoxa's village. 

8908 Article 7. And the said chiefs or their successors may, at 

8909 any time they may think proper, convey to either of the persons 

8910 mentioned in the said schedule, or his heirs, the quantity se- 

8911 cured thereby to him, or may refuse so to do. But the use of 

8912 the said land shall be in the said person ; and after the share of 

8913 any person is conveyed by the chiefs to him, he may convey the 

8914 same to any person whatever. And any one entitled by the 

8915 said schedule to a portion of the said land, may, at any time, 

8916 convey the same to any person, by obtaining the approbation of 

8917 the President of the United States, or of the person appointed 

8918 by him to give such approbation. And the agent of the United 

8919 States shall make an equitable partition of the said share when 

8920 conveyed. 

8921 Article 8. At the special request of the said Indians, the 

8922 United States agree to grant by patent in fee simple, to the 

8923 persons hereinafter mentioned, all of whom are connected with 

8924 the said Indians, by blood or adoption, the tracts of land herein 

8925 described : 



201 



892G To Elizabeth Whitaker, who was taken prisoner, by the 

8927 Wyandots, and has ever since lived among them, twelve hun- 

8928 dred and eighty acres of land, on the west side of the Sandusky 

8929 River, below Croghansville, to be laid off in a square form, as 

8930 nearly as the meanders of the said river will admit, and to run 

8931 an equal distance above and below the house in which the said 

8932 Elizabeth Whitaker now lives. 

8933 To Eobert Armstrong, who was taken prisoner by the In- 

8934 dians, and has ever since lived among them, and has married a 

8935 Wyandot woman, one section, to contain six hundred and forty 

8936 acres of land, on the west side of the Sandusky River, to begin 

8937 at the place called Camp Ball, and to run up the river, with the 

8938 meanders thereof, one hundred and sixty poles, and from the 

8939 beginning, down the river, with the meanders thereof, one hun- 

8910 dred and sixty poles, and from the extremity of these lines west 

8911 for quantity. 

8942 To the children of the late William M'Collock, who was 

8943 killed in August, one thousand eight hundred and twelve, near 

8944 Maugaugon, and who are quarter-blood Wyandot Indians, one 

8945 section, to contain six hundred and forty acres of land, on the 

8946 west side of the Sandusky River, adjoining the lower line of the 

8947 tract hereby granted to Robert Armstrong, and extending in the 

8948 same manner with and from the said river. 

8949 To John Yanmeter, who was taken prisoner by the Wyan- 

8950 dots, and who has ever since lived among them, and has mar- 

8951 ried a Seneca woman, and to his wife's three brothers, Senecas, 

8952 who now reside on Honey Creek, one thousand acres of land, 

8953 to begin north, forty-five degrees west, and one hundred and 

8954 forty poles from the house in which the said John Yanmeter 

8955 now lives, and to run thence south three hundred and twenty 

8956 poles, thence and from the beginning east for quantity. 

8957 To Sarah Williams, Joseph Williams, and Rachel Nugent, 

8958 late Rachel Williams, the said Sarah having been taken prisoner 

8959 by the Indians, and ever since lived among them, and being the 

8960 widow, and the said Joseph and Rachel being the children, of 

8961 the late Isaac Williams, a half-blood Wyandot, one quarter-see- 

8962 tion of land, to contain one hundred and sixty acres, on the 

8963 east side of the Sandusky River, below Croghansville, aud to 

8964 include their improvements at a place called Negro Point. 

8965 To Catharine Walker, a Wyandot woman, aud to John R. 

8966 Walker, her son, who was wounded in the service of the United 

8967 States, at the battle of Maugaugon, in one thousand eight huu- 

8968 dred and twelve, a section of six hundred and forty acres of 

8969 land each, to begin at the northwestern corner of the tract 

8970 hereby granted to John Yanmeter and his wife's brothers, and 

26 I T 



202 



8971 to rim with the line thereof south three hundred and twenty 

8972 poles, thence and from the beginning west for quantity. 

8973 To William Spicer, who was taken prisoner by the Indians, 

8974 and has ever since lived among them, and has married a Seneca 

8975 woman, a section of land, to contain six hundred and forty 

8976 acres, beginning on the east bank of the Sandusky River, forty 

8977 poles below the corner of said Spicer's corn-field, thence up the 

8978 river on the east side, with the meanders thereof, one mile, 

8979 thence and from the beginning east for quantity. 

8980 To Nancy Stewart, daughter of the late Shawnese chief 

8981 Blue Jacket, one section of land, to contain six hundred and 

8982 forty acres, on the Great Miami Eiver below Lewistown, to in- 

8983 elude her present improvements, three quarters of the said see- 

8984 tion to be on the southeast side of the river, and one quarter on 

8985 the northwest side thereof. 

8986 To the children of the late Shawnese chief Captain Logan, 

8987 or Spamagelabe, who fell in the service of the United States 

8988 during the late war, one section of land, to contain six hundred 

8989 and forty acres, on tlie east side of the Great Auglaize Eiver, 

8990 adjoining the lower line of the grant of ten miles at Wapagh- 

8991 konetta and the said river. 

8992 To Anthony Shane, a half blood Ottawas Indian, one sec- 

8993 tion of land, to contain six hundred and forty acres, on the east 

8994 side of the river St. Mary's, and to begin opposite the house in 

8995 which the said Shane now lives, thence up the river, with the 

8996 meanders thereof, one hundred and sixty poles, and from the 

8997 beginning down the river, with the meanders thereof, one 

8998 hundred and sixty poles, and from the extremity of the said 

8999 lines east for quantity. 

9000 To James M'Pherson, who was taken prisoner by the 

9001 Indians, and has ever since lived among them, one section of 

9002 land, to contain six hundred and forty acres, in a square form, 

9003 adjoining the northern or western line of the grant of forty- 

9004 eight miles at Lewistown, at such place as he may think proper 

9005 to locate the same. 

9006 To Horonu or the Cherokee Boy, a Wyandot chief, a sec- 

9007 tion of land, to contain six hundred and forty acres, on the 

9008 Sandusky River, to be laid off in a square form, and to include 

9009 his improvements. 

9010 To Alexander D. Godfroy and Richard Godfroy, adopted 

9011 children of the Potawatomy tribe, and at their special request, 

9012 one section of land, to contain six hundred and forty acres, in 

9013 the tract of country herein ceded to the United States by the 

9014 Potawatomy, Ottawas, and Chippewas tribes, to be located by 

9015 them, the said Alexander and Richard, after the said tract shall 

9016 have been surveyed. 



203 



9017 To Sawendebans or the Yellow Hair or Peter Minor, an 

9018 adopted son of Tondaganie or the Dog, and at the special 

9019 request of the Ottawas, ont of the tract reserved by the treaty 

9020 of Detroit, in one thousand eight hundred and seven, above 

9021 Eoche de Bceuf, at the village of the said Dog, a section of laud, 

9022 to contain six hundred and forty acres, to be located in a square 

9023 form, on the north side of the Miami, at the Wolf Rapid. 

9021 Aeticle 9. The United States engage to appoint an agent, 

9025 to reside among or near the Wyandots, to aid them in the pro- 

9026 tection of their persons and property, to manage their inter. 

9027 course with the Government and citizens of the United States, 
902S and to discharge the duties which commonly appertain to the 

9029 office of Indian agent ; and the same agent is to execute the 

9030 same duties for the Senecas and Delawares on the Sandusky 

9031 Elver. And an agent for similar purposes, and vested with 

9032 similar powers, shall be appointed to reside among or near the 

9033 Shawnese, whose agency shall include the reservations at 
9031 Wapaghkonetta, at Lewistown, at Hog Creek, and at Blanchard's 

9035 Creek. And one mile square shall be reserved at Malake for the 

9036 use of the agent for the Shawnese. 

9037 And the agent for the Wyandots and Senecas shall occupy 

9038 such land in the grant at Upper Sandusky as may be necessary 

9039 for him and the persons attached to the agency. 

9010 Aeticle 10. The United States engage to erect a saw-mill 

9011 and a grist-mill, upon some proper part of the Wyandot reser- 

9012 vation, for their use, and to provide and maintain a blacksmith, 

9013 for the use of the Wyandots and Senecas, upon the reservation 
9011 of the Wyandots, and another blacksmith, for the use of the 

9015 Indians at Wapaghkonetta, Hog Creek, and Lewistown. 

9016 Aeticle 11. The stipulations contained in the treaty of 

9017 Greenville, relative to the right of the Indians to hunt upon the 

9018 land hereby ceded, while it continues the property of the United 

9019 States, shall apply to this treaty ; and the Indians shall for the 

9050 same term enjoy the privilege of making sugar upon the same 

9051 land, committing no unnecessary waste upon the trees. 

9052 Aeticle 12. The United States engage to pay, in the 

9053 course of the year one thousand eight hundred and eighteen, 
9051 the amount of the damages which were assessed by the 

9055 authority of the Secretary of War, in favour of several tribes 

9056 and individuals of the Indians, who adhered to the cause of 

9057 the United States during the late war with Great Britain, and 

9058 whose property was, in consequence of such adherence, injured 

9059 or destroyed. And it is agreed that the sums thus assessed 

9060 shall be paid in specie, at the places, and to the tribes or indi- 

9061 viduals hereinafter mentioned, being in conformity with the said 

9062 assessment, that is to say : 



204 



9063 To the Wyandots, at Upper Sandusky, four thousand three 

9064 hundred and nineteen dollars and thirty-nine cents. 

9065 To the Senecas, at Lower Sandusky, three thousand nine 

9066 hundred and eighty-nine dollars and twenty-four cents. 

9067 To the Indians at Lewis and Scoutashs towns, twelve hun- 

9068 dred and twenty-seven dollars and fifty cents. 

9069 To the Delawares, for the use of the Indians who suffered 

9070 losses at Greentown and at Jerome's town, three thousand nine 

9071 hundred and fifty-six dollars and fifty cents, to be paid at Wa- 

9072 paghkonetta. 

9073 To the representatives of Hetnbis, a Delaware Indian, three 
9071 hundred and forty-eight dollars and fifty cents, to be paid at 

9075 Wapagkkonetta. 

9076 To the Shawnese, an additional sum of four "hundred and 

9077 twenty dollars, to be paid at Wapaghkonetta. 

9078 To the Senecas, an additional sum of two hundred and 

9079 nineteen dollars, to be paid at Wapaghkonetta. 

9080 Article 13. And whereas the sum of two thousand five 

9081 hundred dollars has been paid by the United States to the 

9082 Shawnese, being one-half of five years' annuities due by the 

9083 treaty of Fort Industry, and whereas the Wyandots contend 
9081 that the whole of the annuity secured by that treaty is to be 

9085 paid to them and a few persons of the Shawnese and Senecas 

9086 tribes ; now, therefore, the commissioners of the United States, 

9087 believing that the construction given by the Wyandots to the 

9088 said treaty is correct, engage that the United States shall pay 

9089 to the said Wyandot tribe, in specie, in the course of the year 

9090 one thousand eight hundred and eighteen, tbe said sum of two 

9091 thousand five hundred dollars. 

9092 Article 11. The United States reserve to the proper 

9093 authority the right to make roads through any part of the land 
9091 granted or reserved by this treaty ; and also to the different 

9095 agents the right of establishing taverns and ferries for the ac- 

9096 commodation of travelers, should tbe same be found necessary, 

9097 Article 15. The tracts of land herein granted to the chiefs 

9098 for the use of the Wyandot, Shawnese, Seneca, and Delaware 

9099 Indians, and the reserve for the Ottawa Indians, shall not be 

9100 liable to taxes of any kind so long as such land continues the 

9101 property of the said Indians. 

9102 Article 16. Some of the Ottawa, Chippewa, and Pota- 

9103 watoiny tribes being attached to the Catholick religion, and be- 
9101 lieving they may wish some of their children hereafter educated, 

9105 do grant to the rector of tbe Catholick church of St. Anne, of De- 

9106 troit, for the use of the said church, and to the corporation of 

9107 the college at Detroit for the use of the said college, to be re- 

9108 tained or sold, as the said rector and corporation may judge ex- 



205 

0109 pedient, eacli one-half of three sections of land, to contain six 

9110 hundred and forty acres, on the river Raisin, at a place called 

9111 Macon, and three sections of land not yet located, winch tracts 

9112 were reserved for the use of the said Indians by the treaty of 

9113 Detroit in one thousand eight hundred and seven : and the su- 
9111 perintendent of Indian affairs in the territory of Michigan is 

9115 authorized, on the part of the said Indians, to select the said 

9116 tracts of land. 

9117 Article 17. The United States engage to pay to any ol 

9118 the Indians the value of any improvements which they may be 

9119 obliged to abandon in consequence of the lines established by 

9120 this treaty. 

9121 Article 18. The Delaware tribe of Indians, in considera- 

9122 tion of the stipulations herein made on the part of the United 

9123 States, do hereby forever cede to the United States all the claim 
9121 which they have to the thirteenth sections of land reserved for 

9125 the use of certain persons of their tribe, by the second section 

9126 of the act of Congress, passed March the third, one thousand 

9127 eight hundred and seven, providing f or the disposal of the lands 

9128 of the United States between the United States Military Tract 

9129 and the Connecticut Eeserve, and the lands of the United States 

9130 between the Cincinnatti and Yincennes districts. 

9131 Article 19. The United States agree to grant, by patent in 

9132 fee simple, to Zeeshawau or James Armstrong, and to Sanon- 

9133 doyourayquaw or Silas Armstrong, chiefs of the Delaware In- 
9131 dians, living on the Sandusky waters, and their successors in 

9135 office, chiefs of the said tribe, for the use of the persons men- 

9136 tioned in the annexed schedule, in the same manner, and subject 

9137 to the same conditions, provisions, and limitations as is herein- 

9138 before provided for the lands granted to the Wyandot, Seneca, 

9139 and Shawnese Indians, a tract of land, to contain nine square 

9110 miles, to join the tract granted to the AVyandots of twelve miles 

9111 square, to be laid off as nearly in a square form as practicable, 

9112 and to include Captain Pipe's village. 

9143 Article 20. The United States also agree to grant, by 

9141 patent, to the chiefs of the Ottawas tribe of Indians, for the use 

9145 of the said tribe, a tract of land, to contain thirty-four square 

9116 miles, to be laid out as nearly in a square form as practicable, 

9147 not interfering with the lines of the tracts reversed by the treaty 

9118 of Greenville on the south side of the Miami River of Lake Erie. 

9149 and to include Tushquegan, or M'Carty's village ; which tracts, 

9150 thus granted, shall be held by the said tribe, upon the usual 

9151 conditions of Indian reservations, as though no patent were 

9152 issued. 

9153 Article 21. This treaty shall take effect, and be obligatory 



206 



9154 on the contracting parties, as soon as the same shall have been 

9155 ratified by the President of the United States, by and with the 

9156 advice and consent of the Senate thereof. 

9157 Proclaimed January 4, 1819. 

9158 Schedule referred to in the foregoing treaty, and to he taken and 

9159 considered as part thereof. 

9160 Three sections, to contain six hundred and forty acres each, 

9161 are to be reserved out of the tract of twelve miles square to be 

9162 granted to the Wyandots. One of the said sections is to be ap- 

9163 propriated to the use of a missionary, one for the support of 

9164 schools, and one for the support of mechanics, and to be under 

9165 the direction of the chiefs. Two sections, of six hundred and 

9166 forty acres each, are to be granted to each of the following per- 

9167 sons, being the chief of the Wyandot tribe, and his six coun- 

9168 sellors, namely: Doouquod or half king; Boutoudn or War- 

9169 pole; Tauyaurontoyou or Between the logs ; Dawatout or John 

9170 Hicks ; Manocue or Thomas ; Sauyoudautausaw or George Buuh ; 

9171 and Hawdowuwaugh or Matthews. 

9172 And, after deducting, the fifteen sections thus to be disposed 

9173 of, the residue of the said tract of twelve miles square is to be 

9174 equally divided among the following persons, namely : Hoocue, 

9175 Boudootouk, Mahoma, Naatou, Mautanawto, Maurunqnaws, 

9176 Naynuhanky, Abrm. Williams, sen., Sqnautaugh, Tauyouranuta, 

9177 Tahawquevouws, Dasharows, Trayhetou, Hawtooyou, Maydoun- 

9178 aytove, Neudooslau, Deecalrautousay, Houtooyemaugh, Datoo- 

9179 wawna, Matsaye-aanyourie, James Bauken, Sentumass, Tahau- 

9180 toshowweda, Madadara, Shaudauaye, Shamadeesay, Sommodo- 

9181 wot, Moautaau, Nawsottomaugh, Maurawskinquaws, Tawtoo- 

9182 lowrne, Shawdouyeayourou, Showweno, Dashoree, Sennewdurow, 

9183 Toayttooraw, Mawskattaugh, Tahawshodeuyea, Haunarawreu- 

9184 dee, Shauromou, Tawyaurontoreyea, Boumelay, Nadocays, Car- 

9185 ryumandeutaugh, Bigarms, Madonrawcays, Haurauoot, Syhran- 

9186 dash, Tahorowtsemdee, Boosayn, Dautoresay, Nashawtoomous, 

9187 Skawduutoutee, Sanorowsha, Kautennee, Youausha, Aumatou- 

9188 row, Ohoutautoon, Tawyougaustayou, Sootonteeree, Dootooau, 

9189 Hawreewaucudee, Yourahatsa, Towntoreshaw, Syuwewataugh, 

9190 Cauyou, Omiztsehaw, Gausawaugh, Skashowayssquaw, Maw- 

9191 dovdoo, Karowayshaus, Nawcatay, Isuhowhayeato, Myatousha, 

9192 Tauoodowma, Youhreo, George Williams, Oharvatoy, Saharos- 

9193 sor, Isaac Williams, Sqindatee, Mayeatohot, Lewis Coon, Isa- 

9194 touque or John Coon, Tawaumanocay or E. Wright, Owawtatuu, 

9195 Isontraudee, Tomatsahoss, Sarrahoss, Tauyoureehoryeow, Sau- 

9196 dotoss, Toworordu or Big Ears, Tauomatsarau, Tahoroudoyou 

9197 or Two, Daureehau, Dauoreenu, Trautohauweetough, Yourow- 



207 



9198 quains or the widow of the Crane, Caunaytoma, Ilottomorrow, 

9199 Taweesho, Dauquausay, Toumon, Hoogaudoorow, Xewdeetou- 

9200 tow, Dawhowhouk, Daushouteehawk, Sawaronuis, Xorrorow- 

9201 Tawwass, Tawareroons, Xeskaustay, Toharratough, Taurowto- 

9202 tucawaa, Youshindauyato,Tauosanays, Sadowerrais, Esanowtow, 

9203 touk or Fox Widow, Sauratoudo or William Zaiie, Hayanoiseor 
9201 Ebenezer Zane, Mawcasharrow or widow M'Cullock, Susannah, 

9205 Teskawtaugh, Bawews, Tamataurank, Razor, Rahisaus, Oudee- 

9206 tore, Shawnetaurew, Tatrarow, Ouqua, Yourowon, Sauyounaos- 

9207 kra, Tanorawayout, Howcuquawdorow, Gooyeamee, Dautsaqua, 

9208 Maudauiu, Sanoreeshoc, Hauleeyeatausay, Gearookee, Matosk- 

9209 rawtouk, Dawweeskoe, Sawyourawot, Xacudseoranauaura\ k . 

9210 Youronnrays, Scoutash, Serroymuch, Hoondeshotch, Ishuskeah, 

9211 Dusharraw, Ondewaus, Duyewtale, Roueyoutacolo, Hoonorow- 

9212 youtacob, Howorowduro, yawanaunonelo, Tolhouianona, Chiya- 

9213 mik, Tyyeakwheunohale, Aushewhowole, Schowondashres, Mon- 
9211 dushawquaw, Tayoudrakele, Giveriahes, Sootreeshuskoh, Sn- 

9215 youturaw, Tiudee, Tahorroshoquaw, Irahkasquaw, Ishoreameu- 

9216 suwat, Curoweyottell, Noriyettete, Siyarech, Testeatete. 

9217 The thirty thousand acres of land for the Senecas upon the 

9218 Sandusky River, is to be equally divided among the following 

9219 persons, namely : Syuwasautau, Xawwene, Joseph, Iseumetaugh 

9220 or Picking up a club, Orawhaotodie or Turn over, Saudaurous 

9221 or Split the river, Tahowtoorains or Jo Smee, Ispomduare, Y'el- 

9222 low-bay, Dashowrowramou or Drifting sand, Hauautouasquas, 

9223 Hamyautuhow, Tahocayn, Howdautauyeao or King George, 
9221 Standing Bones, Cyahaga or Fisher, Suthemoore, Red Skin, Men 

9225 tauteehoore,Hyanashraman,orKnifeinhis hand, Running About, 

9226 John Smith, Carrying the Basket, Cauwauay or Striking, Rewau- 

9227 yeato or Carrying the news, Half up the Hill, Trowyoudoys or 

9228 G. Hunter, Spike Buck, Caugooshow or Clearing up, Mark on 

9229 his Hip, Captain Hams, Isetaune or Crying ofteu, Taunerowya 

9230 or Two companies, Haudonwauays or Stripping the river, Iso- 

9231 hauhasay, or Tall chief, Tahowmandoyou, Howyouway or Pad- 

9232 dling, Clouding up, Youwautowtoyou or Burnt his body, She- 

9233 tonyouwee or Sweet foot, Tauhaugainstoany or Holding his 
9231 hand about, Oharrawtodee or Turning over, Haucaumarout, 

9235 Sarrowsauismatare or Striking sword, Sadudeto, Oshoutoy, or 

9236 Burning berry, Hard Hickory, Curetscetau, Youronocay or 

9237 Isaac, Youtraclowwonlee, Xewtauyaro, Tayouonte or Old foot, 

9238 Tauosanetee, Syunout or Give it to her, Doonstough, or Hunch 

9239 on his forehead, Tyaudusout or Joshua Hendricks, Taushaus. 

9210 haurow or Cross the arms, Henry, Youwaydauyea or the Island- 

9211 Armstrong, Shake the Ground, His Xeck Down, Youheno, Towot- 

9242 oyoudo or Looking at her, Captain Smith, Tobacco,Stauding Stone, 

9243 Ronunaise or AYiping stick, Tarsduhatse or Large bones, Ham- 



208 



9244: anchagave, House-Fly or Maggot, Eoudouma or Sap running, 

9245 Big Belt, Cat Bone, Sammy, Taongauats or Round the point, 

9246 Eamuye or Hold the sky, Mentoududu, Hownotant, Slippery 

9247 nose, Tauslowquowsay or Twenty wives, Hoogaurow or Mad 

9248 man, Coffee-house, Long Hair. 

9249 The tract of ten miles square at Wapaghkonetta is to be 

9250 equally divided among the following persons, namely : The Black 

9251 Hoof, Pomthe or AYalker, Piaseka or Wolf, Shemenutu or Snake, 

9252 Ohtawakeseka or Yellow feather, Penethata or Perry, Chacalaway 

9253 or the End of the tail, Qnitawee or war chief, Sachachewa, 

9254 Wasewweela, Wassewela or Bright horn, Othawsa or Yellow, 

9255 Tepetoseka, Caneshemo, Newabetucka, Cawawescucka, Thokut- 

9256 chema, Setakosheka, Topee or James Saunders, Meshenewa, 

9257 Tatiape, Pokechaw, Alawaymotakah, Lalloway or Perry, Wab- 

9258 emee, ^sTemekoshe, Xenepeineshequa or Cornstalk, Sheshe, Sha- 

9259 wabaghke,Naueskaka, Thakoska or David M'Nair, Skapakake, 

9260 Shapoquata, Peapakseka, Quaghquona, Quotowame, Nitaskeka, 

9261 Thakaskaor Spy buck, Pekathchseka, Tewaskoota or James Blue 

9262 Jacket, Calawesa, Quaho, Kaketchheka or W. Perry, Swapee, 

9263 Peckto or Davy Baker, Skokapowa or George M'Dougall, Che- 

9264 pakosa, Shemay or Sam, Chiakoska or Captain Tom, General 

9265 Wayne, Thaway, Othawee, Weeasesaka or Captain Reed, Lew- 

9266 aytaka, Tegoshea or George, Skekacumsheka, Wesheshemo, 

9267 Mawenatcheka, Quashke, Thaswa, Baptiste, Waywalapee, Pes- 

9268 hequkame, Chakalakee or Tom, Keywaypee, Egotacumshe- 

9269 qua, W 7 abepee, Aquashequa, Pemotah, ISTepaho, Takepee, Topo- 

9270 sheka, Lathawanomo, Sowaghkota or Yellow clouds, Meenke- 

9271 sheka, Asheseka, Ochipway, Thapaeka, Chakata, ^akacheka, 

9272 Thathouakata, Paytokothe, Palaske, Shesheloo, Quanaqua, Kal- 

9273 koo, Toghshena, Capowa, Ethowakosee, Quaquesha, Capea, Tha- 

9274 katcheway, The man going up hill, Magotha, Tecumtequa, Sete- 

9275 pakothe, Kekentha, Shiatwa, Shiabwasson, Koghkela, Akopee 

9276 or a Heep of any thing, Lamatothe, Kesha, Pankoor, Peitehtha- 

9277 tor or Peter, Metchepelah, Capeah, Showagame, Wawaleepe- 

9278 sheeka, Meewen sheka, ^Nanemepahtoo or Trotter, Pamitchepetoo, 

9279 Chalequa, Tetetee, Lesheshe, Kawabasheka or White feather, 

9280 Skepakeskeshe, Tenakee, Shemaka, Pasheto, Thiatcheto, Metche- 

9281 metche, Chacowa, Lawathska, Potchetee or the Man without a 

9282 tail, Awabaneshekaw, Patacoma, Lamakesheka, Papashow, 

9283 Weathaksheka, Pewaypee, Totah, Canaqua, Skepakutcheka, 

9284 Welviesa, Kitahoe, Neentakoshe, Oshaishe, Chilosee, Quilaisha, 

9285 Mawethaque, Akepee, Quelenee. 

9286 The tract of five miles square, at Hog Creek, is to be 

9287 equally divided among the following persons, namely: Peeth- 

9288 tha, Onowashim, Pematheywa, Wabekesheke, Leeso, Poh- 

9289 caywese, Shemagauashe, Nehquakahucka, Papaskootepa, Mea- 

9290 mepetoo, Welawenaka, Petiska, Ketuckepe, Lawitchetee, Epau- 



I 



201) 

9291 mee, Chanacke, Jose, Lanawtucka, Shawaynaka, Wawatasliewa, 

9292 Ketaksosa, Skashekopeah, Lakose, Quinaska. 

9293 The tract of forty-eight square miles, including Lewistown, is 

9294 to be equally divided among the following persons, namely: 

9295 Shawnocse— Colonel Lewis, Polly Kizer, Theueteseepuah or Weed, 

9296 Oalossete, Yamauweke, Waucuinsee, Skitlewa, Nayabepe, Wo- 

9297 sketa, ;Nopamago, Willesque, Salock, Walathe, Silversmith, 

9298 Siatha, Toseluo, Jemmy M'Donald, Jackson, Mohawk Thomas, 

9299 Silverheels, John, Wewachee, Cassic, Atshena, Frenchman, 

9300 Squesenau, Goohunt, Manwealte, Walisee, Billy, Thawwainec, 

9301 Wopsquitty, Kay wale, Big Turtle, Nolawat, Nawalippa, Razor, 

9302 Blue, Tick, Kerer, Falling Star, Hale Clock, Hisoscock, Essqua- 

9303 seeto, Geore, Kuussome, Sauhanoe, Joseph, Scotowe, Battease, 
9301 Crow, Shilling, Scotta, Nowpour, Xameawah, Quemauto, Snife, 

9305 Captain, Taudeteso, Sonrise, Sowget, Duettle Lew™j;hJ "is, 

9306 Jacquis, Tonaout, Swaunacou, General, Cussaboll, Bald, Crooked 

9307 Stick, Wespata, Newasa, Garter, Porcupine, Pocaloche, Wo 

9308 cheque, Sawquaha, Enata, Panther, Colesetos, Joe. Senecas-^ 

9309 Civil John, Wild Duck, Tall Man, Molasses, Ash, Nahanexa, 

9310 Tasauk, Agusquenah, Eoughleg, Quequesaw, Playful, Hairlip, 

9311 Sieutinque, Hillnepewayatuska, Tauhunsequa, Nynoah, Suckus- 

9312 que, Leemutque, Treuse, Sequate, Caumecus, Scowneti, Tocon- 

9313 dusque, Conhowdatwaw, Cowista, Kequatren, Cowhousted, G i 11- 
9311 was, Axtaea, Conawwehow, Sutteasee, Kiahoot, Crane, Silver, 

9315 Bysaw, Crayfiste, Woollyliead, Couundahaw, Shacosaw, Coindos, 

9316 Hutchequa, Nayau, Connodose, Coneseta, Nesluanta, Owl, Cou- 

9317 auka, Cocheco, Couewash, Sinnecowacheckowe or Leek. 

9318 The tract of three miles square for the Delaware Indians, 

9319 adjoining the tract of twelve miles square upou the Sandusky 

9320 River, is to be equally divided among the following persons, 

9321 namely: Captain Pipe, Zeshauau or James Armstrong, Makaw- 

9322 too or Jolin Armstrong, Sanowdoyeasquaw or Silas Armstrong, 

9323 Teorow or Black Raccoon, Hawdorowwatistie or Billy Montour, 

9324 Buck Wheat, William Dondee, Thomas Lyons, Johnny Cake, 
-9325 Captain Wolf, Isaac Hill, John Hill, Tishatahoones or widow 
9326 Armstrong, Ayenucere, Hoomaurow or John Ming, Youdorast. 



9327 CHIPPEWAS, MENO MONIES, AND WIXEBAGOES. 

9328 Articles of a treaty made ami concluded at the Butte des JLorts, on 

9329 Fox River, in the Territory of Michigan, between Lewis Cass 

9330 and Thomas L. llFKenney, commissioners on the part of the 

9331 United States, and the Chippewa, Menomonie, and ]Yin?bayo 

9332 tribes of Indians, 

27 i t 



210 



9333 Article 1. Whereas the southern boundary of the Chip- 

0334 pewa country, from the Plover Portage of the Ouiseonsin east- 

9335 erly, was left undefined by the treaty concluded at Prairie du 

9333 Chien, August 19, 1825, in consequence of the non-attendance 

9337 of some of the principal Menomouie chiefs ; and whereas it was 

9338 provided by the said treaty that, whenever the President of the 

9339 United States might think proper, such of the tribes, parties to 

9310 the said treaty, as might be interested in any particular line, 

9311 should be convened, in order to agree upon its establishment ; 
9342 Therefore, in pursuance of the said provision, it is agreed 
9313 between the Ohippewas, Menomonies, and Winebagoes, that the 
9311 southern boundary of the Chippeway country shall run as fol- 
9315 lows, namely: From the Plover Portage of the Ouiseonsin, on 

9346 a northeasterly course, to a point on Wolf River equidistant 

9347 from the Ashawano and Post Lakes of said river, thence to the 

9348 falls of the Pashaytig Elver, of Green Bay : thence to the junc- 

9349 tion of the Iseesau Kootag or Burnt- wood Elver, with the Meno- 

9350 monie; thence to the big island of the Shoskinaubic or Smooth 

9351 Rock River j thence following the channel of the said river to 

9352 Green Bay, which it strikes between the Little and the Great 

9353 Bay de Noquet. 

9354 Article 2. Much difficulty having arising from the negoci- 

9355 ations between the Menomouie and Winebago tribes and the 

9356 various tribes and portions of tribes of Indians of the State of 

9357 Kew York, and the claims of the respective parties being much 

9358 contested, as well with relation to the tenure and boundaries of 

9359 the two tracts claimed by the said 3"ew York Indians, w^est of 

9360 Lake Michigan, as to the authority of the persons who signed 

9361 the agreement on the part of the Menonionies, and the whole 

9362 subject having been fully examined at the council this day con- 

9363 eluded, and the allegations, proofs, and statements of the re- 

9364 spective parties having been entered upon the journal of the 

9365 commissioners, so that the same can be decided by the Presi- 

9366 dent of the United States, it is agreed by the Menomonies and 

9367 Winebagoes, that so far as respects their interest in the premises^ 

9368 the whole matter shall be referred to the President of the United 

9369 States, whose decision shall be final. And the President is au- 

9370 thorized, on their parts, to establish such boundaries between 

9371 them and the Xew York Indians as he may consider equitable 

9372 and just. 

9373 Article 3. It being important to the settlement of Green 

9374 Bay that definite boundaries should be established between the 

9375 tract claimed by the former French and British governments, 

9376 and the lands of the Indians, as well to avoid future disputes as 

9377 to settle the question of jurisdiction, it is therefore agreed be- 

9378 tween the Menomouie tribe and the United States, that the 



211 



9379 boundaries of the said tracts, the jurisdiction and title of which 

9380 are hereby acknowledged to be in the United States, shall be 

9381 as follows, namely: Beginning on the shore of Green Bay, six 

9382 miles due north from the parallel of the mouth of Fox River, 

9383 and running thence in a straight line, but with the general course 

9384 of the said river, and six miles therefrom, to the intersection of the 

9385 continuation of the westerly boundary of the tract at the Grand 

9386 Kaukaulin, claimed by Augustin Griguion ; thence on a line with 

9387 the said boundary to the same; thence with the same to Fox 

9388 Biver; thence on the same course, six miles; thence in a direct 

9389 line to the southwestern boundary of the tract, marked on the 

9390 plan of the claims at Green Bay, as the settlement at the bottom 

9391 of the bay • thence with the southerly boundary of the said tract to 

9392 the southeasterly corner thereof, and thence with the easterly 

9393 boundary of the said tract to Green Bay. Provided, that if ti e 

9394 President of the United States should be of opinion that the 

9395 boundaries thus established interfere with any just claims of 

9396 the Xew York Indians, the President may then change the said 

9397 boundaries in any manner he may think proper, so that the 

9398 quantity of land contained in the said tract be not greater than 

9399 by the boundaries herein defined. And provided, also, that noth- 
9100 in g herein contained shall be construed to have any effect upon 

9401 the land-claims at Green Bay j but the same shall remain as 

9402 though this treaty had not been formed. • 

9403 Article 4. In consideration of the liberal establishment of 

9404 the boundaries, as herein provided for, the commissioners of the 
9105 United States have this day caused to be distributed amoug 

9406 the Indians goods to the amount of fifteen thousand six hun- 

9407 tired and eighty-two dollars, payment for which shall be made 

9408 by the United States. 

9409 Article 5. The sum of one thousand dollars shall be annually 

9410 appropriated for the term of three years, and the sum of fifteeu 

9411 hundred dollars shall be annually thereafter appropriated as 

9412 long as Congress think proper, for the education of the children 

9413 of the tribes, parties hereto, and of the New York Indians, to 

9414 be expended under the direction of the President of the United 

9415 States. 

9416 Article 6. The United States shall be at liberty, notwith- 

9417 standing the Winebagoes are parties to this treaty, to pursue 

9418 such measures as they may think proper for the punishment of 

9419 the perpetrators of the recent outrages aJt Prairie du Chien, and 

9420 upon the Mississippi, and for the prevention of such acts here- 

9421 after. 

9422 -Article 7. This treaty shall be obligatory after its ratifi- 
94-23 cation by the President and Senate of the United States, Pie 



212 



9424 vided, That the said treaty shall not impair or affect any right 

9425 or claim which the New York Indians or any of them have to 

9426 the lands or any of the lands mentioned in the said treaty." 

9427 Proclaimed February 23, 1S29. 



9428 CHIPPEWAS—PILLAGEE BAND, 

9429 Articles of a treaty made and concluded at Leech Lake on the tiventy- 

9430 first day of August, in the year one thousand eiglit hundred 

9431 and forty-seven, between the United States, by their commis- 

9432 sioners, Isaac A. Verplank and Henry M. Mice, and the Pil- 

9433 lager Band of Chippewa Indians, by their chiefs, head-men, 

9434 and warriors, 

9435 Article 1. It is agreed that the peace and friendship 

9436 which exists between the United States and the Indians, parties 

9437 to this treaty, shall be perpetual. 

9438 Article 2. The Pillager band of Chippewa Indians hereby 

9439 sell and cede to the United States all the country within the fol- 

9440 lowing boundaries, viz : Beginning at the south end of Otter-Tail 

9441 Lake; thence southerly on the boundary-line between the Sioux 

9442 and Chippewa Indians to Long Prairie Biver; thence up said river 

9443 to Crow Wing Elver ; thence up Crow Wing Bi ver to Leaf Eiver ; 

9444 thence up Leaf Eiver to the head of said river ; and from thence 

9445 in a direct line to the place of beginning, 

9446 Article 3. It is stipulated that the country hereby ceded 

9447 shall be held by the United States as Indian land until other- 

9448 wise ordered by the President. 

9449 Article 4. In consideration of the foregoing cession, the 

9450 United States agree to furnish to the Pillager band of Chippewa 

9451 Indians annually, for five years, the following articles : Fifty 

9452 three-point Mackinaw blankets, three hundred two and a half 

9453 point Mackinaw blankets, fifty oneand a half point Mackinaw 

9454 blankets, three hundred and forty yards of gray list-cloth, four 

9455 hundred and fifty yards of white list scarlet cloth, eighteen hun- 

9456 dred yards of strong dark prints, assorted colors, one hundred 

9457 and fifty pounds three-thread gray gilling twine, seventy -five 

9458 pounds turtle-twine, fifty bunches sturgeon- twine, twenty-five 

9459 pounds of linen thread, two hundred combs, five thousand as- 

9460 sorted needles, one hundred and fifty medal looking-glasses, ten 

9461 pounds of vermilion, thirty nests (fourteen each) heavy tin ket- 

9462 ties, five hundred pounds of tobacco, and five barrels of salt. 

9463 And the United States further agree that at the first payment 

9464 made tinder this treaty the Indians, parties to this treaty, shall 



213 



9465 receive as a present two hundred warranted beaver-traps and 

9466 seventysftve northwest gun.-. 

9467 Article 5. This treaty shall be obligatory upon the par- 

9468 ties thereto when ratified by the President and Senate of the 

9469 United States. In testimony whereof, the said Isaac A.Verplank 

9470 and Henry M. Bice, commissioners, as aforesaid, and the chiefs, 

9471 head-men, and warriors of the Pillager band of Chippewa Iu- 

9472 dians, have hereunto set their hands at Leech Lake, this twenty - 

9473 first day of August, one thousand eight hundred and forty-seven. 

9474 Proclaimed April 7, 1848. 



9475 CHIPPEWAS OF THE MISSISSIPPI — CHIPPE WAS — 

9476 PILLAGER AHD LAKE WINNIBIGOSHISH BANDS. 

9477 Treaty with the Chippewas of the Mississippi and the Pillager and 

9478 Lake Winibigoshish hands of Chippewa Indians in Minnesota, 

9479 concluded at Washington, in the District of Columbia, March 

9480 11, 1863; ratified March 13, 1863, with amendments; amend- 
94S1 mcnts agreed to March 14, 1863. 

9482 By the President of the United States of America. 

9483 A PROCLAMATION. 

9484 To all and singular to whom these presents shall come, greeting : 

9485 Whereas a treaty was made and concluded at the city of 

9486 Washington, in the District of Columbia, on the eleventh, day of 

9487 March, in the year of our Lord one thousand eight hundred and 

9488 sixty-three, by and between William P. Dole, Commissioner of 

9489 Indian Affairs, and Clark W. Thompson, superintendent of In- 

9490 dian affairs of the northern superintendeucy, on the part of the 

9491 United States, and Henry M. Rice, of Minnesota, and the herein - 

9492 after named chiefs and head-men 3 for and on behalf of the Chip- 

9493 pewas of the Mississippi and the Pillager and Lake Winibi- 

9494 goshisli bands of Chippewa Indians in Minnesota, and duly 

9495 authorized thereto by them, which, treaty is in the words and 

9496 figures following, to wit : 

9497 Articles of agreement and convention, made and concluded at 

9498 the city of Washingten, this eleventh day of March, A. D. 

9499 one thousand eight hundred and sixty-three, between Wil- 

9500 liam P. Dole, Commissioner oflndian Affairs, and Clark 

9501 W. Thompson, superintendent of Indian affairs of the 

9502 northern superintendeucy, on the part of the United States, 

9503 and Henry M. Rice, of Minnesota, for and on behalf of the 



214 



9504 Chippewas of the Mississippi and the Pillager and Lake 
9-305 AVinibigoshish bauds of Chippewa Indians in Minnesota. 
950G Article 1. The reservations known as Gull Lake, Mille 

9507 Lac, Sandy Lake, Rabbit Lake, Pokagornin Lake, and Rice 

9G08 Lake, as described in the second clause of the second article of 

9509 the treaty with the Chippewas of the 22d February, 1855, are 

9510 hereby ceded to the United States, excepting one-half section 

9511 of land, including the mission-buildings at Gull Lake, which is 

9512 hereby granted in fee simple to the Reverend John Johnson, 

9513 missionary. 

9514 Article 2. In consideration of the foregoing cession, the 

9515 United States agree to set apart for the future homes of the 

9516 Chippewas of the Mississippi, all the lands embraced within the 

9517 following-described boundaries, except the reservations made 

9518 and. described in the third clause of the second article of the 

9519 said treaty of February 22, 1855, for the Pillager and Lake 

9520 AVinibigoshish bands; that is to say, beginning at a point one 

9521 mile south of the most southerly point of Leech Lake, and ruu- 

9522 ning thence in an easterly course to a point one mile south of 

9523 the most southerly point of Goose Lake; thence due east to a 

9524 point due south from the intersection of the Pokagomin reserva- 

9525 tion and the Mississippi River ; thence on the dividing-line be- 

9526 tween "Deer River and Lakes" and "Mashkorden's River and 

9527 Lakes/' until a point is reached north of the first-named river 

9528 and lakes; thence in a direct line northwestwardly to the outlet 

9529 of " Two-Routes Lake;'' thence in a southwesterly direction to 

9530 the northwest corner of the " Cass Lake " reservation; thence in 

9531 a southwesterly direction to "Karbekaun" River; thence down 

9532 said river to the lake of the same name ; thence due south to a 

9533 point due west from the beginning ; thence to the place of be- 

9534 ginning. 

9535 Article 3. In consideration of the foregoing cession to the 

9536 United States, and the valuable improvements thereon, the 

9537 United States farther agree: 1st. To extend the present annui- 

9538 ties of the Indians, parties to this treaty, for ten years beyond 

9539 the periods respectively named in existing treaties; 2nd. And 

9540 to pay toward the settlement of the claims for depredations 

9541 committed by said Indians in 1862, the sum of twenty thousand 

9542 dollars, or so much thereof as may be necessary, provided that 

9543 no money shall be paid under this item except upon claims 

9544 which have been duly adjudicated and found to be due under 

9545 existing treaties, from said Indians, and allowed by the Secre- 

9546 tary of the Interior, or under his direction; 4th. To the chiefs 

9547 of the Chippewas of the Mississippi, sixteen thousand dollars, 

9548 (provided they shall pay to the chiefs of the Pillager and Lake 

9549 Winibigoshish bands one thousand dollars,) to be paid upon the 



215 

9550 signing of this treaty, out of the arrearages due under the 9th 

9551 article of the treaty concluded at La Pointe, in the State of 

9552 Wisconsin, on the 30th of September, 1854; 5th. And to pay 

9553 the expenses incurred by the legislature of the State of Minne- 
9551 sota, in the month of September, 1802, in sending commission- 

9555 ers to visit the Chippewa Indians, amounting to thirteen hun- 

9556 dred and thirty-eight dollars and seventy-five cents. 

9557 Article 4. The United States further agree to clear, 

9558 stump, grub, and break in the reservation hereby set apart for the 

9559 Chippewas of the Mississippi, in lots of not less than ten acres 

9560 each, at such point or points as the chiefs of each band maj 

9561 select, as follows, viz: For the Gull Lake band, seventy acres; 

9562 for the Mille Lac band, seventy acres; for the Sandy Lake band, 

9563 fifty acres; for the Pokagomin band, fifty acres; for the Rabbit 
9561 Lake band, forty acres; for the Eice Lake band, twenty acres; 

9565 and to build for the chiefs of said bands one house each, of the 

9566 following description: to be constructed of hewn logs; to be 

9567 sixteen by twenty feet each and two stories high ; to be roofed 

9568 with good shaved pine shingles; the floors to be of seasoned 

9569 pine-plank, jointed ; stone or brick fire-places and chimneys; 

9570 three windows in lower story and two in the upper story, with 

9571 good substantial shutters to each, and suitable doors ; said 

9572 houses to be pointed with lime mortar : provided, that the 

9573 amount expended under this article shall not exceed the sum of 

9574 three thousand six hundred dollars. 

9575 Article 5. The United States agree to furnish to said 

9576 Indians, parties to this treaty, ten yoke of good, steady, work- 

9577 oxen, and twenty log-chains, annually, for ten years, provided 

9578 the Indians shall take proper care of, and make proper use of 

9579 the same ; also, for the same period, annually, two hundred 

9580 grubbing-hoes, ten ploughs, ten grindstones, one hundred axes, 

9581 handled, not to exceed in weight three and one-half pounds 

9582 each, twenty spades; also, two carpenters, and two blacksmiths, 

9583 and four farm laborers, and one physician— not exceeding, in 
9581 the aggregate, one thousand dollars. 

9585 Article 6. The United States further agree to remove the 

9586 saw-mill from Gull Lake reservation to such point on the new 

9587 reservation hereby set apart as may be selected by the agent, 

9588 and to keep the same in good running order, and to employ a 

9589 competent sawyer, so long as the President of the United States 

9590 may deem it necessary; and to extend the road between Gull 

9591 Lake and Leech Lake from the lastmamed lake to the junction 

9592 of the Mississippi and Leech Lake Eivers, and to remove the 

9593 agency to said junction, or as near thereto as practicable; but 
9591 not more than thousand dollars shall be expended for this 
9595 purpose, 



216 



9596 Article 7. The President shall appoint a board of visitors, 

9597 to consist of not less than two nor more than three persons, to 

9598 be selected from such Christian denominations as he may desig- 

9599 nate, whose duty it shall be to attend the annuity payments to 

9600 the Indians, and to inspect the fields and other improvements of 

9601 the Indians, and to report annually thereon, on or before the 

9602 first of November ; and also as to the qualifications and moral 

9603 deportment of all persons residing upon the reservation under 
9601 the authority of law; and they shall receive for their services 

9605 five dollars per day for the time actually employed, and ten cents 

9606 per mile for travelling expenses : Provided, That no one shall be 

9607 paid in any one year for more than twenty days 7 service, or for 

9608 more than three hundred miles' travel. 

9609 Article 8. No person shall be recognized as a chief whose 

9610 band numbers less than fifty persons; and to encourage and aid 

9611 the said chiefs in preserving order, and inducing by their example 

9612 and advice the members of their respective bands to adopt the 

9613 pursuits of civilized life, there shall be paid to each of said 
9611 chiefs, annually, out of the annuities of said bands, a sum not 

9615 exceeding one hundred and fifty dollars, to be determined by 

9616 the Commissioner of Indian Affairs, according to their respective 

9617 merits, 

9618 Article 9. To improve the morals and industrial habits 

9619 of said Indians, it is agreed that no agent, teacher, interpreter, 

9620 traders, or their employes, shall be employed, appointed, li- 

9621 censed, or permitted to reside within the reservations belonging 

9622 to the Indians, parties to this treaty, missionaries excepted, who 

9623 shall not have a lawful family residing with them at their re- 

9624 spective places of employment or trade within the agency, 

9625 and no person of full or mixed blood, educated or partially ed- 

9626 ucated, whose fitness, morally or otherwise, is not conducive to 

9627 the welfare of said Indians, shall receive any benefits from this 

9628 or any former treaties. 

9629 Article 10. All annuities under this or former treaties 

9630 shall be paid as the chiefs in council may request, with the ap- 

9631 proval of the Secretary of the Interior, until otherwise altered 

9632 or amended : Provided, That not less than one-half of said annui- 

9633 ties shall be paid in necessary clothing, provisions, and other 
9631 necessary and useful articles. 

9635 Article 11. Whenever the services of laborers are re- 

9636 quired upon the reservation, preference shall be given to full or 

9637 mixed bloods, if they shall be found competent to perform them. 

9638 Article 12. It shall not be obligatory upon the Indians, 

9639 parties to this treaty, to remove from their present reservations 

9640 until the United States shall have first complied with the stipu- 

9641 lations of Articles 4 and 6 of this treaty, when the United States 



217 



9642 shall furnish thein with all necessary transportation and sub- 

9643 sistence to their new homes, and subsistence for six months 

9644 thereafter : Provided, That owing to the heretofore good con- 

9645 duct of the Mille Lac Indians, they shall not be compelled to 

9646 remove so long as they shall not in any way interfere with or in 

9647 any manner molest the persons or property of the whites. 

9648 Article 13. Female members of the family of any Gov- 

9649 ernment employe residing on the reservation, who shall teach 

9650 Indian girls domestic economy, shall be allowed and paid a sum 

9651 not exceeding ten dollars per month while so engaged : Provided, 

9652 That not more than one thousand dollars shall be so expended 

9653 during any one year, and that the President of the United 

9654 States may suspend or annul this article whenever he may deem 

9655 it expedient to do so. 

9656 Article 14. It is distinctly understood and agreed that 

9657 the clearing and breaking of land for the Chippewas of the Mis- 

9658 sissippi, as provided for in the fourth article of this treaty, shall 

9659 be in lieu of all former engagements of the United States as to 

9660 the breaking of lands for those bands. 

9661 Proclaimed March 19, 1863. 



9662 CHIPPEWAS OF THE MISSISSIPPI AND LAKE SUPE- 

9663 EIOE. 

9664 Articles of a treaty made and concluded at La Pointe of Lake 
96.65 Superior, in the Territory of Wisconsin, between Robert 

9666 Stuart, commissioner on the part of the United States, and the 

9667 Chippewa Lndians of the Mississippi and Lake Superior by 

9668 their chiefs and head-men, 

9669 Article 1. The Chippewa Indians of the Mississippi and 

9670 Lake Superior cede to the United States all the country within 

9671 the following bounderies, viz: Beginning at the mouth of Choc- 

9672 olate Eiver of Lake Superior; thence northwardly across said 

9673 lake to intersect the boundery-line between the United States 

9674 and the Province of Canada; thence up said Lake Superior to 

9675 the mouth of the St. Louis or Fond du Lac Eiver, (including 

9676 all the islands in said lake;) thence up said river to the American 

9677 ^ Fur Company's trading-post, at the southwardly bend thereof, 

9678 about twenty-two miles from its mouth ; thence south to inter- 

9679 sect the line of the treaty of 29th July, 1837, with the Cbippe- 

9680 was of the Mississippi; thence along said line to its southeast 

9681 wardly extremity, near the Plover portage on the Wisconsin 

9682 Eiver; thence northeastwardly, along the boundery-line, be- 

9683 tween the Chippewas and Menomonees, to its eastern termina- 

28 i t 



218 



9684 tion, (established by the treaty held with the Chippewas, Meno- 

9685 monees, and Winnebagoes, at Butte des Morts, August 11, 1827,) 

9686 ou the Skonawby Biver of Green Bay; thence northwardly to 

9687 the source of Chocolate Biver; thence down said river to its 

9688 mouth, the place of beginning ; it being the intention of the 

9689 parties to this treaty to include in this cession all the Chippewa 

9690 lands eastwardly of the aforesaid line running from the American 

9691 Fur Company's trading-post, on the Fond du Lac Biver, to the 

9692 intersection of the line of the treaty made with the Chippewas 

9693 of the Mississippi July 29, 1837. 

9691 Article 2. The Indians stipulate for the right of hunting 

9695 on the ceded territory, with the other usual privileges of occu- 

9696 paucy, until required to remove by the President of the United 

9697 States, and that the laws of the United States shall be continued 

9698 in force, in respect to their trade and intercourse with the whites, 

9699 until otherwise ordered by Congress. 

9700 Article 3. It is agreed by the parties to this treaty, that 

9701 whenever the Indians shall be required to remove from the ceded 

9702 district, all the unceded lands belonging to the Indians of Fond 

9703 du Lac, Sandy Lake, and Mississippi bands shall be the common 
9701 property and home of all the Indians, party to this treaty. 

9705 Article 4. In consideration of the foregoing cession, the 

9706 United States engage to pay to the Chippewa Indians of the 

9707 Mississippi and Lake Superior, annually, for twenty-five years, 

9708 twelve thousand five hundred (12,500) dollars, in specie, ten 

9709 thousand five hundred (10,500) dollars in goods, two thousand 

9710 (2,000) dollars in provisions and tobacco, two thousand (2,000) 

9711 dollars for the support of two blacksmith's shops, (including pay 

9712 of smiths and assistants, and iron, steel, &c.,) one thousand (1,000) 

9713 dollars for pay of two farmers, twelve hundred (1,200) for pay of 
9711 two carpenters, and two thousand (2,000) dollars for the support 

9715 of schools for the Indians party to this treaty; and further the 

9716 United States engage to pay the sum of five thousand (5,000) 

9717 dollars as an agricultural fund, to be expended under the direc- 

9718 tion of the Secretary of War. And also the sum of seventy-five 

9719 thousand (75,000) dollars shall be allowed for the full satisfaction 

9720 of their debts within the ceded district, which shall be examined 

9721 by the commissioner to this treaty, and the amount to be allowed 

9722 decided upon by him, which shall appear in a schedule hereunto 

9723 annexed. The United States shall pay the amount so allowed 

9724 within three years. 

9725 Whereas the Indians have expressed a strong desire to have 

9726 some provision made for their half-breed relatives, therefore it is 

9727 agreed that fifteen thousand (15,000) dollars shall be paid to 

9728 said Indians, next year, as a present, to be disposed of as they, 

9729 together with their agent, shall determine in council. 



219 



9730 Article 5. Whereas the whole country between Lake Supe- 

9731 rior and the Mississippi has always been understood as belong- 

9732 ing in common to the Chippewas, party to this treaty; and 

9733 whereas the bands bordering on Lake Superior have not been 

9734 allowed to participate in the annuity payments of the treaty 

9735 made with the Chippewas of the Mississippi, at St. Peters, July 

9736 29th, 1837, and whereas all the unceded lands belonging* to the 

9737 aforesaid Indians are hereafter to be held in common, therefore, 

9738 to remove all occasion for jealousy and discontent, it is agreed 

9739 that all the annuity due by the said treaty, as also the annuity 

9740 due by the present treaty, shall henceforth be equally divided 

9741 among the Chippewas of the Mississippi and Lake Superior, party 

9742 to this treaty, so that every person shall receive an equal share. 

9743 Article 6. The Indians residing on the Mineral district 

9744 shall be subject to removal therefrom at the pleasure of the 

9745 President of the United States. 

9746 Article 7. This treaty shall be obligatory upon the con- 

9747 tracting parties when ratified by the President and Senate of the 

9748 United States. 

9749 Proclaimed March 28, 1843. 

9750 Schedule of claims examined and allowedby Robert Stuart, commk- 

9751 sioner, tinder the treaty with the Chippewa Indians of the Mis- 

9752 sissijppi and Lake Superior, concluded at La Pointe, October 

9753 4:th, 1842, setting forth the names of claimants, and their pro- 

9754 portion of allowance of the seventy-five thousand dollars pre- 

9755 vided in the fourth article of the aforesaid treaty, for the full 

9756 satisfaction of their debts, as follows : 



No. of claims. Name of claimant. set apart in -1th article 

of treaty. 

9757 1. Edward F. Ely $50 80 

9758 2. Z. Piatt, esq., attorney for George Berkett .... 484 67 

9759 3. Cleveland ISTorth Lake Co 1, 485 67 

9760 4. Abraham W. Williams.. 75 03 

9761 5. William Brewster. 2, 052 67 

9762 This claim to be paid as follows, viz : William 

9763 Brewster or order, $1,929.77; Charles W. 

9764 Borup or order, $122.90—12,052.67. 

9765 6. George Cop way 61 67 

9766 7. John Kahbege. . - 57 55 

9767 8. Alixes Carpantier - - - 28 58 

9768 9. John W. Bell 186 16 

9769 10. Antoine Picard 6 46 

9770 11. Michael Brisette . 182 42 

9771 12. Francois Dejaddon 301 48 



220 



Proportion of $75,000, 

No of claim. Name of claimant. set apart in -Itri artiele 

of treaty. 

9772 13. Pierre 0. Duverney .. $1,101 00 

9773 14. Jean Bts. Bazinet : ... . 325 46 

9774 15. John Hotley 69 00 

9775 16. Francois Charette 234 92 

9776 17. Clement H. Beaulieu, agent for the estate of 

9777 Brazil Beaulieu, dec'd 596 84 

9778 18. Francois St. Jean and George Bonga 366 84 

9779 19. Louis Ladebauche 322 52 

9780 20. Peter Crebassa 499 27 

9781 21. B. T. Kavanaugh 516 8o 

9782 22. Augustin Goslin 169 05 

9783 23. American Fur Company 13, 365 30 

9784 This claim to be paid as follows, viz: Amer- 

9785 ican Fur Company, $12,565,10 5 Charles 

9786 W. Borup, $800.20— $13,365.30. 

9787 24. William A. Aitken 935 67 

9788 25. James P. Scott.. 73 41 

9789 26. Augustin Bellanger. 192 35 

9790 27. Louis Corbiu 12 57 

9791 28. Alexes Corbin 596 03 

9792 29. George Johnson 35 24 

9793 30. Z. Piatt, esq., attorney for Sam'l Ashman. ... 1, 771 63 

9794 31. Z. Piatt, esq., attorney for Wm. Johnson 390 27 

9795 32. Z. Piatt, esq., attorney for estate of Dan'l Ding- 

9796 ley 1, 991 62 

9797 33. Lyman M. Warren 1, 566 65 

9798 34. Estate of Michael Cadotte, disalloived 

9799 35. Z. Piatt, esq., attorney for estate of E. Bous- 

9800 sain 959 13 

9801 36. Joseph Dufault 144 32 

9802 37. Z. Piatt, esq., attorney for Antoine Mace 170 35 

9803 38. Michael Cadotte 205 60 

9804 39. Z. Piatt, esq., att'y for Francois Gauthier 167 05 

9805 40. Z. Piatt, esq., att'y for Joseph Gauthier 614 30 

9806 41. Z. Piatt, esq., attorney for J. B. Uoulle. 64 78 

9807 42. Jean Bts. Corbin 531 50 

9808 43. John Hulburt 209 18 

9809 44. Jean Bts. Couvellion 18 80 

9810 45. Nicholas Da Couteau, withdrawn 

9811 46. Pierre Cotte 7,32 50 

9812 47. W. H. Brockway and Henry Holt, executors to 

9813 the estate of John Holiday, dec'd 3, 157 10 

9814 48. John Jacob Astor 27, 994 98 



221 



Proportion of $75,000, 

No of clairp. Name of claimant. wet apart in -ttli article 

of treaty. 

9815 This claim to be paid as follows, viz : Charles 

9816 W. Borup, $1,676.90 5 Z. Piatt, esq., 

9817 $2,621.80 ; John Jacob Astor, $23,696.28— 

9818 $27,994.98. 

9819 49. Z. Piatt, esq., attorney for Thos. Connor $1, 118 60 

9820 50. Charles H. Oakes 4, 309 21 

9821 51. Z. Piatt, esq., attorney for Win, Morrison 1,074 70 

9822 52. Z. Piatt, esq., att'y for Isaac Butterfield 1, 275 56 

9823 53. J. B. Van Eensselaer 62 00 

9824 54. William Brewster and James W. Abbot 2,067 10 

9825 The parties to this claim request no payment 

9826 be made to either without their joint con- 

9827 sent, or until a decision of the case be had 

9828 in a court of justice. 

9829 55. William Bell 17 62 

9830 

9831 $75, 000 00 



9832 Articles of a treaty made and concluded at the Fond du Lac of Lalce 

9833 Superior ; on the second day of August, in the year one thousand 

9834 eight hundred and forty-seven, between the United States, by 

9835 their commissioners, Isaac A. Verplank and Henry 21. Rice, 

9836 and the Ch ippe wa Indians of the Mississ ipp i and Lake Superior, 

9837 by their chiefs and head-men. 

9838 Article 1. It is agreed that the peace and friendship which 

9839 exists between the people of the United States and the Chip- 

9840 p>ewa Indians shall be perpetual. 

9841 Article 2. The Chippewa Indians of the Mississippi and 

9842 Lake Superior cede and sell to the United States all the land 

9843 within the following boundaries, viz : Beginning at the junction 

9844 of the Crow Wing and Mississippi Bivers, thence up the Crow 

9845 Wing Biver to the junction of that river with the Long Prairie 

9846 Biver, thence up the Long Prairie Biver to the boundary-line 

9847 between the Sioux and Chippewa Indians, thence southerly 

9848 along the said boundary-line to a lake at the head of Long 

9849 Prairie River, thence in a direct line to the sources of the 

9850 Watab Biver, thence down the Watab to the Mississippi Biver, 

9851 thence up the Mississippi to the place of beginning; and also all 

9852 the interest and claim which the Indians, parties to this treaty. 

9853 have in a tract of land lying upon and north of Long Prairie 

9854 Biver, and called One-day's Hunt ; but, as the boundary-line 

9855 between the Indians, parties to this treaty, and the Chippewa 

9856 Indians, commonly called " Pillagers," is indefinite, it is agreed 

9857 that before the United States use or occupy the said tract of 

9858 land north of Long Prairie Biver the boundary -line between the 



222 



9859 said tract and the Pillager lands shall be defined and settled to 

9860 the satisfaction of the Pillagers. 

9861 Article 3. In consideration of the foregoing cession, the 

9862 United States agree to pay to the Chippewas of Lake Superior 

9863 seventeen thousand dollars in specie, and to the Chippewas of 

9864 the Mississippi seventeen thousand dollars in specie ; the above 

9865 sums to be paid at such place or places, and in such manner, as 

9866 the President shall direct, and to be paid within six months 

9867 after this treaty shall be ratified by the President and Senate 

9868 of the United States and the United States further agree to 

9869 pay to the Mississippi Indians the sum of one thousand dollars 

9870 annually for forty-six years 5 but it is agreed that whenever the 

9871 Chippewas of the Mississippi shall agree as to the schools to be 

9872 established, and the places at which they shall be located, the 

9873 number of blacksmiths and laborers to be employed for them, 

9874 and shall request the United States to expend, from year to 

9875 year, the annual payments remaining unpaid, in the support of 

9876 schools, blacksmiths, and laborers, the same shall be expended 

9877 by the United States for such purposes ; and that Chippewas of 

9878 full or mixed blood shall be employed as teachers, blacksmiths, 

9879 and laborers, when such persons can be employed who are com- 

9880 petent to perform the duties required of them under this and 

9881 all former treaties. 

9882 Article 4. It is stipulated that the half or mixed bloods of 

9883 the Chippewas residing with them shall be considered Chippewa 

9884 Indians, and shall, as such, be allowed to participate in all annu- 

9885 ities which shall hereafter be paid to the Chippewas of the Mis- 

9886 sissippi and Lake Superior, due them by this treaty, and by the 

9887 treaties heretofore made and ratified. 

9888 Article 5. Stricken out. 

9889 Article 6. This treaty shall be obligatory upon the con- 

9890 tracting parties when ratified by the President and Senate of 

9891 the United States. 

8892 Proclaimed April 7, 1848. 

9893 Franklin Pierce, President of the United States of America, 

9894 to all and singular to whom these presents shall come, 

9895 greeting : 

9896 Whereas a treaty was made and concluded at La Pointe, in 

9897 the State of Wisconsin, on the thirtieth day of September, 

9898 eighteen hundred and -fifty-four, by Henry C. Gilbert and David 

9899 B. Herriman, commissioners on the part of the United States, 

9900 and the Chippewa Indians of Lake Superior and the Mississippi, 
9901. by their chiefs and head-men, which treaty is in the words fol- 

9902 lowing, to wit : 

9903 Articles of a treaty made and concluded at La Pointe, in the 



223 



9904 State of Wisconsin, between Henry 0. Gilbert and David 

9905 B. Herriinan, commissioners on the part of the United 

9906 States, and the Chippewa Indians of Lake Superior and the 

9907 Mississippi, by their chiefs and head-men. 

9908 Article 1. The Chippewas of Lake Superior hereby cede to 

9909 the United States all the lands heretofore owned by them in 

9910 common with the Chippewas of the Mississippi, lying east of the 

9911 following boundary-line, to wit : Beginning at a point where 

9912 the east branch of Snake Biver crosses the southern boundary - 

9913 line of the Chippewa country, running thence up the said 

9914 branch to its source, thence nearly north, in a straight line, to 

9915 the mouth of East Savannah Biver, thence up the St. Louis 

9916 Biver to the mouth of East Swan Biver, thence up the East Swan 

9917 Biver to its source, thence in a straight line to the most west : 

9918 erly bend of Vermillion Biver, and thence down the Vermillion 

9919 Biver to its mouth. 

9920 The Chippewas of the Mississippi hereby assent and agree 

9921 to the foregoing cession, and consent that the whole amount of 

9922 the consideration money for the country ceded above shall be 

9923 paid to the Chippewas of Lake Superior, and in consideration 

9924 thereof the Chippewas of Lake Superior hereby relinquish to 

9925 the Chippewas of the Mississippi all their interest in and claim 

9926 to the lands heretofore owned by them in common, lying west of 

9927 the above boundary -line. 

9928 Article 2. The United States agree to set apart and with- 

9929 hold from sale, for the use of the Chippewas of Lake Superior, 

9930 the following-described tracts of land, viz : 

9931 1st. For the L'Anse and Vieux De Sert bands, all the un- 

9932 sold lands in the following townships in the State of Michigan : 

9933 Township fifty-one north range thirty-three west ; township 

9934 fifty-one north range thirty-two west; the east half of township 

9935 fifty north range thirty-three west $ the west half of township 

9936 fifty north range thirty-two west ; and all of township fifty-one 

9937 north range thirty-one west, lying west of Huron Bay. 

9938 2d. For the La Pointe band, and such other Indians as may 

9939 see fit to settle with them, a tract of land bounded as follows : 

9940 Beginning on the south shore of Lake Superior, a few miles 

9941 west of Montreal Biver, at the mouth of a creek called by the 

9942 Indians Ke-che-se-be-we-she, running thence south to a line 

9943 drawn east and west through the centre of township forty-seven 

9944 north, thence west to the west line of said township, thence 

9945 south to the southeast corner of township forty-six north, range 

9946 thirty-two west, thence west the width of two townships, thence 

9947 north the width of two townships, thence west one mile, thence 

9948 north to the lake shore, and thence along the lake shore, cross- 

9949 ing Shag-waw-me-quon Point, to the place of beginning. Also 



224 



9950 two hundred acres ou the northern extremity of Madeline Island, 

9951 for a fishing ground. 

9952 3d. For the other Wisconsin bands, a tract of land lying 

9953 about Lac De Flambeau, and another tract on Lac Court Oriel- 

9954 les, each equal iu extent to three townships, the boundaries of 

9955 which shall be hereafter agreed upon or fixed under the direc 

9956 tion of the President. 

9957 4th. For the Fond Du Lac bands, a tract of land bounded 

9958 as follows: Beginning at an island in the St. Louis Eiver, 

9959 above Knife Portage, called by the Indians Paw-paw-sco-me-me- 

9960 tig, running thence west to the boundary-line heretofore de- 

9961 scribed, thence north along said boundary-line to the mouth of 

9962 Savannah Eiver, thence down the St. Louis Eiver to the 

9963 place of beginning. And if said tract shall contain less than 

9964 one hundred thousand acres, a strip of land shall be added on 

9965 the south side thereof large enough to equal such deficiency. 

9966 5th. For the Grand Portage band, a tract of land bounded 

9967 as follows : Beginning at a rock a little east of the eastern ex- 

9968 trend ty of Grand Portage Bay, running thence along the lake 

9969 shore to the mouth of a small stream called by the Indians Maw- 

9970 ske-gwaw-caw-maw-se-be, or Cranberry Marsh Eiver, thence up 

9971 said stream, across the point to Pigeon Eiver, thence down 

9972 Pigeon Eiver to a point opposite the starting-point, and thence 

9973 across to the place of beginning. 

9974 6th. The Ontonagon band and that subdivision of the La 

9975 Pointe band of which Buffalo is chief may each select, on or 

9976 near the lake shore, four sections of land, under the direction 

9977 of the President, the boundaries of which shall be defined 

9978 hereafter. And being desirous to provide for some of hisconuec- 

9979 tions who have rendered his people important services, it is 

9980 agreed that the chief Buffalo may select one section of land, at 

9981 such place in the ceded territory as he may see fit, which shall 

9982 be reserved for that purpose, and conveyed by the United States 

9983 to such person or persons as he may direct. 

9984 7th. Each head of a family, or single person over twenty- 

9985 one years of age at the present time, of the mixed bloods, be- 

9986 longing to the Chippewas of Lake Superior, shall be entitled to 

9987 eighty acres of land, to be selected by them under the direction 

9988 of the President, and which shall be secured to them by patent 

9989 in the usual form. 

9990 Article 3. The United States will define the boundaries 

9991 of the reserved tracts, whenever it may be necessary, by actual 

9992 survey, and the President may, from time to time, at his discre- 

9993 tion, cause the whole to be surveyed, and may assign to each 

9994 head of a family or single person over twenty-one years of age 

9995 eighty acres of land for his or their separate use ; and he may, 



225 



9998 at his discretion, as fast as the occupants become capable of 

9997 transacting their own affairs, issue patents therefor to such oc 

9998 cupants, with such restrictions of the power of alienation as he 

9999 may see fit to impose. And he may also, at his discretion, make 

10000 rules and regulations respecting the disposition of the lands in 

10001 case of the death of the head of a family or single person occu- 

10002 pying the same, or in case of its abandonment by them. And 

10003 he may also assign other lands in exchange for mineral lands, if 

10004 any such are found in the tracts herein set apart. And he may 

10005 also make such changes in the boundaries of such reserved 

10006 tracts or otherwise as shall be necessary to prevent interference 

10007 with any vested rights. All necessary roads, highways, and 

10008 railroads, the lines of which may run through any of the re- 

10009 served tracts, shall have the right of way through the same, 

10010 compensation being made therefor as in other cases. 

10011 Article 4. In consideration of and payment for the coun- 

10012 try hereby ceded, the United States agree to pay to the Chip- 

10013 pewas of Lake Superior, annually, for the term of twenty years, 

10014 the following sums, to wit : five thousand dollars in coin • eight 

10015 thousand dollars in goods, household furniture, and cooking 

10016 utensils ; three thousand dollars in agricultural implements and 

10017 cattle, carpenter's and other tools, and building materials, and 

10018 three thousand dollars for moral and educational purposes, of 

10019 which last sum three hundred dollars per annum shall be paid 

10020 to the Grand Portage band, to enable them to maintain a school 

10021 at their village. The United States will also pay the further 

10022 sum of ninety thousand dollars, as the chiefs in open council 

10023 may direct, to enable them to meet their present just engage- 

10024 ments. Also the further sum of six thousand dollars in agri- 

10025 cultural implements, household furniture, and cooking utensils, 

10026 to be distributed at the next aunuity payment among the mixed 

10027 bloods of said nation. The United States will also furnish two 

10028 hundred guns, one hundred rifles, five hundred beaver-traps, 

10029 three hundred dollars' worth of ammunition, and one thousand 

10030 dollars 1 worth of ready-made clothing, to be distributed among 

10031 the young men of the nation at the next annuity payment. 

10032 Article 5. The United States will also furnish a black- 

10033 smith and assistant, with the usual amount of stock, during 

10034 the continuance of the annuity payments, and as much longer 

10035 as the President may think proper, at each of the points herein 

10036 set apart for the residence of the Indians, the same to be in lieu 

10037 of all the employees to which the Chippewas of Lake Superior 

10038 may be entitled under previous existing treaties. 

10039 Article 6. The annuities of the Indians shall not be taken 

10040 to pay the debts of individuals, but satisfaction for depredations 

29 I T 



226 



10041 committed by tliem shall be made by them in such manner as 

10012 the President may direct. 

10013 Aeticle 7. spirituous liquors shall be made, sold, or 
10011 used on any of the lands herein set apart for the residence of 

10015 the Indians, and the sale of the same shall be prohibited in the 

10016 Territory hereby ceded, until otherwise ordered by the Presi- 

10017 dent. 

1001S Aeticle S. It is agreed, between the Chippewas of Lake 

10019 Superior and the Chippewas of the Mississippi, that the former 

10050 shall be entitled to two-thirds, and the latter to one-third, of all 

10051 benefits to be derived from former treaties existing- prior to the 

10052 year 1817. 

10053 Aeticle 9. The United States agree that an examination 
10051 shall be made, and all sums that may be found equitably due to the 

10055 Indians, for arrearages of annuity or other thing, under the pro- 

10056 visions of former treaties, shall be paid as the chiefs may direct. 

10057 Aeticle 10. All missionaries, and teachers, and other per- 

10058 sons of full age, residing in the territory hereby ceded, or upon 

10059 any of the reservations hereby made by authority of law, shall 

10060 be allowed to enter the land occupied by them at the minimum 

10061 price whenever the surveys shall be completed to the amount of 

10062 oue quarter-section each. 

10063 Aeticle 11. All annuity payments to the Chippewas of 
10061 Lake Superior^ shall hereafter be made at L'Anse, La Pointe, 

10065 Grand Portage, and on the St. Louis River : and the Indiaus 

10066 shall not be required to remove from the homes hereby set apart 

10067 for them. And such of them as reside in the territory hereby 

10068 ceded shall have the right to hunt and fish thereio. until other - 

10069 wise ordered by the President. 

10070 Aeticle 12. In consideration of the poverty of the Bois 

10071 Forte Indians who are parties to this treaty, they having never 

10072 received any annuity payments, and of the great extent of that 

10073 part of the ceded country owned exclusively by them, the fol- 
10071 lowing additional stipulations are made for their benefit. The 

10075 United States will pay the sum of ten thousand dollars, as their 

10076 chiefs in open council may direct, to enable them to meet their 

10077 present just engagements. Also the further sum of ten thou- 

10078 sand dollars, in five equal annual payments, in blankets, cloth, 

10079 nets, guns, ammunition, and such other articles of necessity as 

10080 they may require. 

10081 They shall have the right to select their reservation at any 

10082 time hereafter, under the direction of the President; and the 

10083 same may be equal in extent, in proportion to their numbers, to 
10081 those allowed the other bands, and be subject to the same pro- 
10085 visions. 

10080 They shall be allowed a blacksmith, and the usual smith- 



227 



10087 shop supplies, and also two persons to instruct them in farming, 

10088 whenever in the opinion of the President it shall be proper, and 

10089 for such length of time as he shall direct. 

10090 It is understood that all Indians who are parties to this 

10091 treaty, except the Chippewas of the Mississippi, shall hereafter 

10092 be known as the Chippewas of Lake Superior: Provided, That 

10093 the stipulation by which the Chippewas of Lake Superior re- 
10091 linquishing their right to land west of the boundary -line shall 

10095 not apply to the Bois Forte band who are parties to this treaty. 

10096 Article 13. This treaty shall be obligatory on the con- 

10097 tracting parties, as soon as the same shall be ratified by the 

10098 President and Senate of the United States. 

10099 Proclaimed January 29, 1855. 



10100 CHIPPEWxVS— SWAN-CREEK AND BLACK-RIVER 

10101 BANDS. 



10102 Articles of a treaty made at Washington, in the District of Col inn - 

10103 Ma, on the ninth day of May, in the year of our Lord one 

10104 thousand eight hundred and thirty-six, between Henry R. School- 

10105 craft, commissioner on the part of the United States, and the 

10106 chiefs of the Swan- Creek and Black -River bands of the Chip 

10107 2 )ewa Nation, residing within the limits of Michigan. 

10108 Whereas certain reservations of land were made to the said 

10109 bands of Indians in the treaty concluded at Detroit on the 17th 

10110 of November, 1807, and these reservations, after having been 

10111 duly located, under the authority of the Government, have re- 

10112 mained in their possession and occupancy to the present time ; 

10113 and whereas the said Indians, actuated by considerations affeet- 
10111 ing their permanent improvement and happiness, are desirous 

10115 of fixing their residence at some point more favorable to these 

10116 objects, and have expressed their wishes to dispose of the same, 

10117 and authorized their chiefs to proceed to Washington for the 

10118 purpose of making the necessary arrangement; it is, therefore. 

10119 after mature deliberation on their part, agreed as follows : 

10120 Article 1. The Swan-Creek and Black-River bands of 

10121 Chippewas cede to the United States the following tracts, namely : 

10122 One tract of three miles square, or five thousand seven 

10123 hundred and sixty acres, on Swan Creek of lake St. Clair ; 
10121 one tract of one section and three-quarters, near Salt Creek of 

10125 said lake ; one tract of one-fourth of a section, at the mouth of 

10126 the river Au Yaseau, contiguous to the preceding cession ; and 

10127 one tract of two sections, near the mouth of Black River of the 



228 



10128 river St. Glair, estimated to contain in the aggregate eight 

10120 thousand three hundred and twenty acres, be the same more or 

10130 less. 

10131 Article 2. In consideration of the foregoing cessions the 

10132 United States agree to pay to the said Indians the net proceeds 

10133 of the sale thereof, after deducting the cost of survey and sale 
10131 and the contingent expenses attending the treaty. The lands 

10135 shall be surveyed and offered for sale in the usual manner at 

10136 the land office in Detroit as soon as practicable after the ratifl- 

10137 cation of this treaty. A special account shall be kept at the 

10138 Treasury of the amount of the sale of the said lands, and after 

10139 deducting therefrom the sums hereafter stipulated, to be ad- 

10140 vanced by the United States, ten thousand dollars shall be re- 

10141 tained by the Treasury, and shall be paid to the said Indians in 

10142 annuities of one thousand dollars a year for ten years ; and the 

10143 residue of the fund shall be vested by the Secretary of the 

10144 Treasury in the purchase of some State stock, the interest of 

10145 which shall be annually paid to the said Indians like other an- 

10146 nuities: Provided, That if at any time hereafter the said In- 

10147 dians shall desire to have the said stock sold, and the proceeds 

10148 paid over to them., the same may be done, if the President and 

10149 Senate consent thereto. 

10150 Article 3. The United States will advance to said Indians 

10151 on the ratification of this treaty, to be deducted from the avails 

10152 of the lands, the sum of two thousand five hundred dollars, and 

10153 also goods to the value of four thousand dollars, to be purchased 

10154 in New York and delivered in bulk, at their expense, to the 

10155 proper chiefs at Detroit, or at such point on Lake St. Clair as 

10156 the chiefs may request ; together with the expenses of the 

10157 treaty, the journeys of the Indians to and from Washington, and 

10158 their subsistence and other expenses at the seat of Govern- 

10159 ment. 

10160 Article 4. The United States will furnish the said Indians 

10161 eight thousand three hundred and twenty acres, or thirteen sec- 

10162 tions, of land west of the Mississippi, or northwest of St, 

10163 Anthony's Falls, to be located by an agent or officer of the 

10164 Government, and the evidence of such location shall be delivered 

10165 to the chiefs. 

10166 Proclaimed May 23, 1856. 

10167 CHIPPE WAS— SWAN CREEK AND BLACK RIVER 

10168 BANDS AND MUNSEE OR CHRISTIAN INDIANS. 

10169 Treaty between the United States and the Swan Creek and Black 

10170 River Chippeivas and the Munsee or Christian Indians ; con- 

10171 eluded July 16 ? 1859 j ratified by the Senate April 19 ? 1860. 



229 



10172 By the President of the United states : 

10173 A PROCLAMATION. 

10171 To all and singular to whom these presents shall come, greeting : 

10175 TYhereas a treaty was made and concluded at the Sac and 

1017G Fox agency on the sixteenth day of July, one thousand eight 

10177 hundred and fifty -nine, by David Crawford, commissioner on 

10178 the part of the United States, and certain delegates hereinafter 

10179 named representing the Swan Creek and Black River Chippe- 

10180 was, and the Munsee or Christain Indians, which treaty is in 

10181 the following words, to wit : 

10182 Articles of agreement and convention made and concluded ai 

10183 the Sac and Fox agency on this sixteenth day of July, one 
10181 thousand eight hundred and fifty-nine, by David Crawford. 

10185 commissioner on the part of the United States, and the fol- 

10186 lowing-named delegates representing the Swan Creek and 

10187 Black River Chippewas and the Munsee or Christian Indi- 

10188 ans, they "being duly authorized thereto by said Indians, 

10189 viz : Eshton-quit, or Francis McCoonse, Edward McCoonse. 

10190 'William. Turner, Antwine Gokey, Henry Donohue, Ignatius 

10191 Caleb, and John Williams. 

10192 Whereas the Swan Creek and Black River band of Chippe- 

10193 was, of Kansas Territory, who were parties to the treaty of 
10191 May 9, 1836, claim to be entitled to participate in the beneficial 

10195 provisions of the subsequent treaty of August 2, 1855, under a 

10196 misapprehension of the terms and conditions of said instru- 

10197 ment, the provisions of which were only designed to embrace 

10198 the Chippewas of Saginaw and that portion of the Chippewas 

10199 of Swan Creek and Black River who were then residing in 

10200 Michigan ; and whereas a reservation of eight thousand three 

10201 hundred and twenty acres, or thirteen sections of land, was set 

10202 apart in Kansas Territory for the use of the Swan Creek and 

10203 Black River band of Chippewas, in consideration of the cession 
10201 and relinquishment of certain lauds in the State of Michigan 

10205 which were reserved for said band of Indians by the 6th article 

10206 of the treaty of November 17, 1807 : and in view of the fact 

10207 that a part of the aforesaid band, who now reside in the Terri- 

10208 tory of Kansas, have not received their full proportion of the 

10209 benefits designed to have been conferred upon them by the pro- 

10210 visions of the second article of the treaty of May 9, 1836, it is 

10211 understood to be the intention of the United States, in the exe 

10212 cution of these articles of agreement and convention, to mani- 

10213 fest their liberality and disposition to encourage said Indians in 
10211 agricultural pursuits, and, with a view to remove from their 
10215 minds all erroneous impressions respecting the non-fulfilment 



230 



10216 of the stipulations of former treaties, a liberal provision will be 

10217 made for their benefit as hereinafter expressed. It is further 

10218 understood to be the intention of this instrument to unite the 

10219 3Iunsee or Christian Indians with the aforesaid band of Chip- 

10220 pewas, in order to provide them with a suitable and permanent 

10221 home, as contemplated by the act of Congress entitled ;, An act 

10222 to confirm the sale of the reservation held by the Christian In 

10223 dians, and to provide a permanent home for said Indians," ap 
10221 proved June 8, 1858. 

10225 Aeticle 1. The United States agree that the reservation of 

10226 eight thousand three hundred and twenty acres, or thirteen sec^ 

10227 tions of land in Franklin County. Kansas Territory, set apart 

10228 for the entire band of Swan Creek and Black River Chippewas, 

10229 shall inure to the benefit of that portion of said band now resid- 

10230 ing thereon, and the United States shall cause said reservation 

10231 to be surveyed into sections, half, quarter, and quarter- quarter 

10232 sections, in harmony with the public -land system. For the pur- 

10233 pose of securing a permanent home thereon for the band of 
10231 Munsee or Christian Indians who have expressed a desire to 

10235 unite with said band of Chippewas, it is agreed between the 

10236 contracting parties to this instrument that the aforesaid bands 

10237 of Indians are hereby united for their mutual advantage as 

10238 herein indicated, And within said reservation there shall be as- 

10239 signed, in severalty, to the members of said united bands, not 

10210 exceeding forty acres of land to each head of a family, and not 

10211 exceeding forty acres to each child or other member of said 

10212 family ; forty acres to each orphan child, and eighty acres to 

10213 each unmarried person of the age of twenty^one years and 
10211 upwards, not connected with any family, to include in each case, 

10215 so far as practicable, a reasonable proportion of timber : and 

10216 the selections shall be so made as to respect the present improve- 

10217 ments of the aforesaid Chippewas, so far as the same can be done 

10218 consistently with the rights of the Christian Indians; aDd when 

10219 it is found expedient to select lands for one Indian, embracing 

10250 part of the improvements made by another, then, in such case, 

10251 a reasonable compensation shall be made for such improvements 

10252 by the Indian to whom they may be assigned by the party enti- 

10253 tied to the same, to be determined by the Secretary of the Inte- 
10251 rior, upon an investigation of the facts in the case. At a suita- 

10255 ble point within said reservation there shall be set apart for the 

10256 establishment of a manual-labor school and educational and mis- 

10257 sionary purposes a quarter section of land, or one hundred and 

10258 sixty acres ; and the land so set apart, together with the tracts 

10259 which may be assigned to the members of said united bands. 

10260 shall be in as regular and compact a body as possible, and so as 

10261 to admit of a distinct and well defined exterior boundary, em- 



231 



102(32 bracing the whole of them, and also any intermediate portions 

10263 or parcels of land or water not included in or made part of the 

10264 tracts assigned in severalty. Any such intermediate parcels of 

10265 land and water shall be held by said united bands in common, 

10266 but in case of increase in the bands of said Indians, or other 

10267 cause rendering it necessary or expedient, the said intermediate 

10268 parcels of land shall be subject to distribution and assignment 

10269 in severalty, in such manner as the Secretary of the Interior 

10270 shall prescribe and direct. The whole of the lands assigned or 

10271 unassigued in severalty embraced within said exterior boundary 

10272 to include in the aggregate not exceeding seven sections, or 

10273 four thousand eight hundred and eighty acres of land, shall con- 
10271 stitute and be known as the Chippewa and Christian Indian 

10275 reservation, within and over which all laws passed or which 

10276 may be passed by Congress, regulating trade and intercourse 

10277 with the Indian tribes, shall have full force and effect. And no 

10278 white person, except such as may be in the employ of the United 

10279 States, shall be allowed to reside or go upon any portion of said 

10280 reservation without the written permission of the superinten- 

10281 dent of Indian affairs, or agent or other person who may be in- 

10282 trusted with the management and control thereof. The afore- 

10283 said division and assignment of lands to the Indians shall be 
10281 made under the direction of the Secretary of the Interior, and 

10285 when approved by him shall be final and conclusive. Certifi- 

10286 cates shall be issued by the Commissioner of Indian Affairs for 

10287 the tracts so assigned, specifying the names of the individuals 

10288 to whom they have been assigned respectively, and that they 

10289 are for the exclusive use and benefit of themselves, their heirs, 

10290 and descendants ; and said tracts shall not be alienated in fee, 

10291 leased, or otherwise disposed of, except to the United States, or 

10292 to the members of said bands of Indians, under such rules and 

10293 regulations as may be prescribed by the Secretary of the Inte- 
10291 rior • and said lands shall be exempt from taxation, levy, sale, 

10295 or forfeiture, until otherwise provided for by Congress. Prior 

10296 to the issue of said certificates, the Secretary of the Interior 

10297 shall make such rules and regulations as he may deem necessary 

10298 and expedient, respecting the disposition of any of said tracts in 

10299 case of the death of the person or persons to whom they may be 

10300 assigned, so that the same shall be secured to the families of 

10301 such deceased persons ; and should any of the Indians to whom 

10302 tracts shall be assigned abandon them, the said Secretary may 

10303 take such action in relation to the proper disposition thereof as 

10304 in his judgment may be necessary and expedient. 

10305 Article 2. After all the selections and assignments herein - 

10306 before specified shall have been made and approved, the residue 

10307 of the land in the tract set apart for the use of the Swan Creek 



1030S and Black River Chippewas, under the provisions of the fourth 

10309 article of the treaty of May ninth, eighteen hundred and thirty- 

10310 six, which may not be embraced by the exterior boundary of 

10311 the reduced reservation, shall be appraised at a reasonable 

10312 value, and the same shall be sold at public aution to the highest 

10313 bidder, but no bid shall be received for a sum less than the ap- 

10311 praised value, and the proceeds of sale, after deducting there- 

10315 from the expenses incident thereto, shall be regarded as belong- 

10316 ing to the aforesaid band of Chippewas. The said band of In- 

10317 diaus shall be allowed the sum of three thousand dollars out of 
1031S the funds of the Christian Indians, as a consideration for the 

10319 tracts of land which shall be assigned to the members of said 

10320 band of Indians, and also the sum of six thousand dollars, (to 

10321 be taken from the Treasury of the United States,) in full satis- 

10322 faction of all claims and demands, legal, equitable, or otherwise, 

10323 which the aforesaid band of Chippewas may have against the 

10324 United States under the stipulations and provisions of former 

10325 treaties, and these sums of money, together with the proceeds 

10326 of the sales of the lands before mentioned, shall be invested in 

10327 the manner hereinafter provided. And to enable the Secretary of 

10328 the Interior to liquidate the allowance of the aforesaid sum of 

10329 six thousand dollars, he is authorized, at his discretion, to dispose 

10330 of the stock of the State of Missouri, purchased from avails of 

10331 land sold under the treaty of eighteen hundred and thirty-six, 

10332 and such a sum from interest accruing thereon, and of any bal- 

10333 ance of annuities now in the Treasury of the United States re- 
10331 suiting from other treaties with said Indians. 

10335 Article 3. For the purpose of comfortably establishing the 

10336 Christian Indians upon the lands which shall be assigned to 

10337 them in severalty, by building them houses, and furnishing 
1033S them with agricultural implements, stock animals, and other 
10339 necessary aid and facilities for commencing agricultural pursuits 
10310 under favorable circumstances, there shall be expended, under 
10341 the direction of the Secretary of the Interior, (out of the aggre 

10312 gate sum of forty-three thousand four hundred dollars deposited 

10343 in the Treasury of the United States by A. J. Isacks. to the 

10344 credit of said Secretary for the rise of the Christian Indians,) a 

10345 sum not exceeding twenty-three thousand dollars, and the bai- 

10346 ance of the aforesaid aggregate sum shall be mingled with the 

10347 funds of the aforesaid band of Chippewas, and the moneys so 

10348 mingled together shall constitute a joint fund, subject to the 

10349 direction and control of the Secretary of the Interior. Two 

10350 thousand dollars thereof shall be expended for the benefit of 

10351 said united bands of Indians, in providing them with a school- 

10352 house, church building, and blacksmith-shop, and necessary nx- 

10353 tures, and the residue of said joint fund, after deducting there- 



233 



10351 from all the expenses incident to the negotiation o'i this treaty, 

10355 the survey and assignment of the lands, the concentration of 

1035G the Indians thereon, and all other necessary expenses, shall be 

10357 invested in safe and profitable stocks, yielding an interest of not 

10358 less than five per centum per annum; and said interest, as it 

10359 becomes due, shall be applied, under the direction of the Secre- 

10360 tary of the Interior, from time to time, for educational purposes, 
103G1 for the support of a blacksmith-shop, and such other beneficial 

10362 objects as he may adjudge to be necessary and expedient for the 

10363 general prosperity and advancement of the aforesaid bands of 

10361 Indians in the arts of civilized life. 

10365 Article 1. In consideration of the provisions contained in 

10366 the several articles of this treaty, the aforesaid band of Swan 

10367 Creek and Elack River Chippewas hereby relinquish all claims 

10368 and demands which they may have against the United States, 

10369 under the stipulations of the treaty of November 17, 1807, and 

10370 the treaty of May 9, 1836 ; and they hereby abandon and renounce 

10371 any and all claims to participate in the provisions of the subse- 

10372 quent treaty of August 2, 1855, and they receive the stipulations 

10373 and provisions contained in these articles of agreement and con- 
10371 vention, in full satisfaction of the terms and conditions of all 

10375 former treaties, and release the United States from the payment 

10376 of all claims of every character whatsoever. 

10377 Article 5. It is agreed that all roads and highways, laid 

10378 out by authority of law, shall have right of way through the 

10379 lands within the reservation hereinbefore specified, on the same 

10380 terms as are provided by law, when roads and ^highways are 

10381 made through lands of citizens of the United States ; and rail- 

10382 road companies, when the lines of their roads necessarily pass 

10383 through the lands of said Indians, shall have right of way on the 
10381 payment of just compensation therefor in money. 

10385 Article 6. This instrument shall be obligatory on the eon- 

10386 tf acting parties whenever the same shall be ratified by tbe Pres- 

10387 ident and the Senate of the United States. 

10388 Proclaimed July 9, 1860. 



10389 CHIPPEWAS— SAGINAW, SWAN CUEEK, AND BLACK 

10390 RIVER. 

10391 Franklin Pierce, President of the United States of America, 

10392 to all persons to whom these presents shall come, greeting: 

10393 Whereas a treaty was made and concluded at the city of 
10391 Detroit, in the State of Michigan, on the second day of August. 

10395 one thousand eight hundred and fifty-live, between George W. 

10396 Manypenny and Henry C. Gilbert, commissioners on the part of 

30 I t 



234 



10397 the United States, and the Chippewa Indians of Saginaw, par- 

10398 ties to the treaty of January 14, 1837, and that portion of the 

10399 bands of Chippewa Indians of Swan Creek and Black Eiver, 
10100 parties to the treaty of May 9, 1836, and now remaining in the 

10401 State of Michigan, which treaty is in the words and figures fol- 

10402 lowing, to wit : 

10403 Articles of agreement and convention made and concluded 

10404 at the city of Detroit, in the State of Michigan, this second day 

10405 of August, one thousand eight hundred and fifty-five, between 

10406 George W. Manypenny and Henry C. Gilbert, commissioners on 

10407 the part of the United States, and the Chippewa Indians of 

10408 Saginaw, parties to the treaty of January 14, 1837, and that 

10409 portion of the baud of Chippewa Indians of Swan Creek and 

10410 Black Eiver, parties to the treaty of May 9, 1836, and now 

10411 remaining in the State of Michigan. 

10412 In view of the existing condition of the Indians aforesaid, 

10413 and of their legal and equitable claims against the United 

10414 States, it is agreed between the contracting parties as follows, 

10415 viz : 

10416 Article 1. The United States will withdraw from sale, for 

10417 the benefit of said Indians, as herein provided, all the unsold 

10418 public lands within the State of Michigan, embraced in the fol- 

10419 lowing description, to wit : 

10420 First. Six adjoining townships of land in the county of 

10421 Isabella, to be selected by said Indians within three months 

10422 from this date, and notice thereof given to their agent. 

10423 Second. Townships Nos. 17 and 18 north, ranges 3, 4, and 5 

10424 east. 

10425 The United States will give to each of the said Indians, be- 

10426 ing a head of a family, eighty acres of land ; and to each single 

10427 person over twenty-one years of age, forty acres of land $ and 

10428 to each family of orphan children under twenty-one years of 

10429 age, containing two or more persons, eighty acres of land ; and 

10430 to each single orphan child under twenty-one years of age, forty 

10431 acres of land ; to be settled and located within the several tracts 

10432 of land hereinbefore described, under the same rules and regu- 

10433 lations, in every respect, as are provided by the agreement con- 

10434 eluded on the 31st day of July, A. 13. 1855, with the Ottawas 

10435 and Chippewas of Michigan, for the selection of their lands. 

10436 And the said Chippewas of Saginaw and Swan Creek and 

10437 Black Eiver shall have the same exclusive right to enter lands 

10438 within the tracts withdrawn from sale for them for five years 

10439 after the time limited for selecting the lands to which they are 

10440 individually entitled, as is extended to the Ottowas and Chip- 

10441 pewas by the terms of said agreement. 

10442 And the provisions therein contained relative to the pnr- 



10443 chase and sale of land for school-houses, churches, and educa- 

10444 tional purposes, shall also apply to this agreement. 

10445 Article 2. The United States shall also pay to the said 

10446 Indians the sum of two hundred and twenty thousand dollars. 

10447 in manner following, to wit : 

10448 First. Thirty thousand dollars for educational purposes, to 

10449 be paid in five equal annual instalments of four thousand dollars 

10450 each, and in five subsequent equal annual instalments of two 

10451 thousand dollars each, to be expended under the direction of 

10452 the President of the United States. 

10453 Second. Forty thousand dollars, in live equal annual install 

10454 inents of five thousand dollars each, and in five subsequent 

10455 equal annual instalments of three thousand dollars each, in 

10456 agricultural implements and carpenters' tools, household furni- 

10457 ture and building materials, cattle, labor, and all such articles as 

10458 maybe necessary and useful for them in removing to the homes 

10459 herein provided, and getting permanently settled thereon. 
10160 Third. One hundred and thirty-seven thousand and six hun- 

10461 died dollars in coin, in ten equal instalments of ten thousand 

10462 dollars each, and in two subsequent equal annual instalments 

10463 of eighteen thousand and eight hundred dollars each, to be dis- 

10464 tributed^er capita in the usual manner for paying annuities.* 

10465 Fourth. Twelve thousand and four hundred dollars for the 

10466 support of one blacksmith -shop for ten years. 

10467 The United States will also build a grist and saw mill lor 

10468 said Indians at some point in the territory, to be selected by them 

10469 in said county of Isabella, provided a suitable water-power can 

10470 be found, and will furnish and equip the same with all necessary 

10471 fixtures and machinery, and will construct such dam, race, and 

10472 other appurtenances as may be necessary to render the water- 

10473 power available : Provided, That the whole amount for which 

10474 the United States shall be liable under this provision shall not 

10475 exceed the sum of eight thousand dollars. 

10476 The United States will also pay the further sum of four 

10477 thousand dollars for the purpose of purchasing a saw-mill, and 

10478 in repair of the same, and in adding thereto the necessary 

10479 machinery and fixtures for a run of stone for grinding grain ; 

10480 the same to be located on the tract described in clause " second/' 

10481 Article 1. 

10482 The United States will also pay the further sum of twenty 

10483 thousand dollars, or so much thereof as may be necessary, to be 

10484 applied in liquidation of the present just indebtedness of the said 

10485 Indians : Provided, That all claims presented shall be investi- 

10486 gated, under the direction of the Secretary of the Interior, within 

10487 six months, who shall prescribe such rules and regulations for 

10488 conducting such investigation, and for testing the validity and 



236 



10489 justice of the claims as he shall deem suitable and proper. And 

10490 no claim shall be paid except on the certificate of the said Secre- 

10491 tary that, iu his opinion, the same is justly and equitably due ; 

10492 and all claimants who shall not present their claims within such 

10493 time as may be limited by said Secretary, or whose claims, hav- 

10494 ing been presented, shall be disallowed by him, shall be forever 

10495 precluded from collecting the same, or maintaining- an action 

10496 thereon in any court whatever : And provided also, That no por- 
10197 tiou ot the money due said Indians for annuities, as herein pro- 

10498 vided, shall ever be appropriated to pay their debts under any 

10499 pretence whatever : Provided, That the balance of the amount 

10500 herein allowed as a just increase for the sessions and relinquish - 

10501 merits aforesaid, after satisfaction of the awards of the Secretary 

10502 of the Interior, shall be paid to the said Indians, or expended 

10503 for their benefit in such manner as the Secretary shall prescribe, 

10504 in aid of any of the objects specified in this treaty. 

10505 Article 3. The said Chippewas of Saginaw, and of Swan 
1050G Creek and Black Eiver, hereby cede to the United States all the 

10507 lands within the State of Michigan heretofore owned by them as 

10508 reservations, and whether held for them in trust by the United 

10509 States or otherwise; and they do hereby, jointly and severally, 
10310 release and discharge the United States from all liability to them , 

10511 and to their or either of their said tribes, for the price and value 

10512 of all such lands, heretofore sold, and the proceeds of which re- 

10513 main unpaid. 

10514 And they also hereby surrender all their and each of their 

10515 permanent annunities, secured to them or either of them by 

10516 former treaty stipulations, including that portion of the annuity 

10517 of eight hundred dollars payable to " the Chippewas," by the 

10518 treaty of November 17, 1807, to which they are entitled, it being 

10519 distinctly understood and agreed that the grants and payments 

10520 hereinbefore provided for are in lieu and satisfaction of all 

10521 claims, legal and equitable, on the part of said Indians, jointly 

10522 and severally, against the United States for land, money, or other 

10523 thing guaranteed to said tribes, or either of them, by the stipu- 

10524 lations of any former treaty or treaties. 

10225 Article 4. The entries of land heretofore made by Indians 

10526 and by the Missionary Society of the Methodist Episcopal 

10527 Church for the benefit of the Indians, on lands withdrawn from 

10528 sale in townships 14 north, range 4 east, and 10 north, range 5 

10529 east, in the State of Michigan, are hereby confirmed, and patents 

10530 shall be issued therefor as in other cases. 

10531 Article 5. The United States will provide an interpreter 

10532 for said Indians for five years, and as much longer as the Presi- 

10533 dent may deem necessary. 

10534 Article 6. The tribal organization of said Indians, except 



237 



10535 so far as may be necessary for the purpose of carrying into effeci 

10536 the provisions of this agreement, is hereby dissolved. 

10537 Article 7. This agreement shall be obligatory and binding 

10538 on the contracting parties as soon as the same shall be ratified 

10539 by the President and Senate of the United States. 

10540 Proclaimed June 21, 1856. 

10541 Treaty between the United State* of America and the Chippewa In- 

10542 dians of Saginaw, Swan Creek, and Blaclc River, Michigan, 

10543 concluded October 18, 1864; ratificatian advised, with 

10544 amendments, May 22, 1866 ; amendments accepted June 18, 

10545 1866. 

10546 Andrew Johnson, President of the United States of America, 

10547 to all and singular to whom these presents shall come, 

10548 greeting : 

10549 Whereas a treaty was made and concluded at Isabella, in 

10550 the State of Michigan, on the eighteenth day of October, in the 

10551 year of our Lord one thousand eight hundred and sixty -four, by 

10552 and between H. J. Alvord and D. C. Leach, commissioners on 

10553 the part of the United States; and S. D. Simonds, Lyman Beu- 

10554 nett, Jno. Pay-me-qou-ung, and other chiefs and head-men of the 

10555 Chippewa Indians of the Saginaw, Swan Creek, and Black 

10556 River, in the State of Michigan, representing said Indians, and 

10557 duly authorized thereto by them, which treaty is in the words 

10558 and figures following, to wit : 

10559 Articles of agreement and convention made and concluded at 

10560 the Isabella Indian reservation, in the State of Michigan, 

10561 on the eighteenth day of October, in the year one thousand 

10562 eight hundred and sixty -four, between H. J. Alvord, special 

10563 commissioner of the United States, and D. C. Leach, United 

10564 States Indian agent, acting as commissioners for and on the 

10565 part of the United States, and the Chippewas of Saginaw. 

10566 Swan Creek, and Black River, in the State of Michigan 

10567 aforesaid, parties to the treaty of August 2d, 1855, as fol- 

10568 lows, viz : 

10569 Article 1. The said Chippewas of Saginaw, Swan Creek. 

10570 and Black River, for and in consideration of the conditions here- 

10571 iuafter specified, do hereby release to the United States the sev- 

10572 eral townships of land reserved to said tribe by said treaty 

10573 aforesaid, situate and being upon Saginaw Bay, in said State. 

10574 The said Indians also agree to relinquish to the United 

10575 States all claim to any right they may possess to locate lands in 

10576 lieu of lands sold or disposed of by the United States upon 

10577 their reservation at Isabella, and also the right to purchase the 



238 



10578 unselected lands iu said reservation, as provided for in the first 

10579 article of said treaty. 

10580 Article 2. In consideration of the foregoing relinquish- 

10581 ments, the United States hereby agree to set apart for the ex- 

10582 elusive use, ownership, and occupancy of the said of the said 

10583 Chippewas of Saginaw, Swan Creek, and Black Eiver, all of the 
10581 unsold lands within the six townships in Isabella County, re- 

10585 served to said Indians by the treaty of August 2, 1855, aforesaid, 

10586 and designated as follows, viz: 

10587 The north half of township fourteen, and townships fifteen 

10588 and sixteen north, of range three west; the north half of town- 

10589 ship fourteen and township fifteen north, of range four west, 

10590 and townships fourteen and fifteen north, of range five west. 

10591 Article 3. So soon as practicable after the ratification of 

10592 this treaty, the persons who have heretofore made selections of 

10593 lands within the townships upon Saginaw Bay, hereby reliu- 
10591 quished, may proceed to make selections of lands upon the Isa- 
10595 bella reservation in lieu of their selections aforesaid, and in 
1059G like quantities. 

10597 After a reasonable time shall have been given for the parties 

10598 aforesaid to make their selections in lieu of those relinquished, 

10599 the other persons entitled thereto may then proceed to make 

10600 their selections, in quantities as follows, viz : 

10601 For each chief of said Indians who signs this treaty, eighty 

10602 acres in addition to their selections already made, and to patents 

10603 in fee simple. 

10601 For one head-man in each band into which said Indians are 

10605 now divided, forty acres, and to patents in fee simple. 

10606 For each person being the head of a family, eighty acres. 

10607 For each single person over the age of twenty-one years, 

10608 forty acres. 

10609 For each orphan child under the age of twenty-one years, 

10610 forty acres. 

10611 For each married female who has not heretofore made a 

10612 selection of land, forty acres. 

10613 And for each other person now living, or who may be born 
10611 hereafter, when he or she shall have arrived at the age of twenty - 

10615 one years, forty acres, so long as any of the lands iu said reserve 

10616 shall remain unselected, and no longer. 

10617 In consideration of important services rendered to said 

10618 Indians during many years past, by William Smith, John Col- 

10619 lins 1st, Andrew J. Campeau, and Thomas Chatfield, it is here- 

10620 by agreed that they shall each be allowed to select eighty acres 

10621 in addition to their previous selections, and receive patents there- 

10622 for in fee simple; and to Charles H. Kodd, eighty acres, and a 

10623 patent therefor in fee simple, to be received by said Bodd as a 



239 



10624 full consideration and payment of all claims be may have against 

10G25 said Indians, except claims against individuals for services ren- 

10626 dered or money expended heretofore by said Rodd for the benefit 

10627 of said Indians. 

10628 It is understood and agreed that those Ottawas and Chippe- 

10629 was and Pottawatornies now belonging to the bands of which Met- 

10630 ayomeig,May-me-she-gaw-day,Keche-kebe-me-mo say,andAVa\\ - 

10631 be-maw-ing-guu are chiefs, who have heretofore made selections 

10632 upon said reservations, by permission of said Chippewas of Sagi- 

10633 naw, Swan Creek, and Black Eiver, who now reside upon said reser- 
10631 vation in Isabella County, or who may remove to said reservation 

10635 within one year after the ratification of this treaty, shall be eu- 

10636 titled to the same rights and privileges to select and hold land 

10637 as are contained in the third article of this agreement. 

10638 So soon as practicable after the ratification of this treaty, 

10639 the agent for the said Indians shall make out a list of all those 
10610 persons who have heretofore made selections of lands under the 

10641 treaty of August 2d, 1855, aforesaid, and of those who may be 

10642 entitled to selections under the provisions of this treaty, and he 

10643 shall divide the persons enumerated in said list into two classes, 

10644 viz, ''competent" and "those not so competent." 

10645 Those who are intelligent, and have sufficient education. 

10646 and are qualified by business habits to prudently manage their 

10647 affairs, shall be set down as " competents," and those who are 

10648 uneducated, or unqualified in other respects to prudently man- 

10649 age their affairs, or who are of idle, wandering, or dissolute 

10650 habits, and all orphans, shall be set down as "those not so com- 

10651 petent." 

10652 The United States agrees to issue patents to all persons 

10653 entitled to selections under this treaty, as follows, viz : To those 

10654 belonging to the class denominated " competents," patents shall 

10655 be issued in fee simple, but to those belonging to the class of 

10656 "those not so competent," the patent shall contain a provision 

10657 that the land shall never be sold or alienated to any person or 

10658 persons whomsoever, without the consent of the Secretary of the 

10659 Interior for the time being. 

10660 Article 4. The United States agrees to expend the sum of 

10661 twenty thousand dollars for the support and maintenance of a 

10662 manual-labor school upon said reservation : Provided, That the 

10663 Missionary Society of the Methodist Episcopal Church shall. 

10664 within three years after the ratification of this treaty, at its own 

10665 expense, erect suitable buildings for school and boarding-house 

10666 purposes, of a value of not less than three thousand dollars, upon 

10667 the southeast quarter of section nine, township fourteen north, 

10668 of range four west, which is hereby set apart for that purpose 

10669 The superintendent of public instruction, the lieutenant 



240 



10670 governor of the State of Michigan, and one person to be desig- 

10671 nated by said missionary society, shall constitute a board of 

10672 visitors, whose duty it shall be to visit said school once during 

10673 each year, and examine the same, and investigate the character 

10674 and qualifications of its teachers and all other persons con- 

10675 nected therewith, and report thereon to the Commissioner of 

10676 Indian Affairs. 

10677 The said Missionary Society of the Methodist Episcopal 

10678 Church shall have fall and undisputed control of the manage- 

10679 ment of said school and the farm attached thereto. Upon the 

10680 approval and acceptance of the school and boarding-house 

10681 buildings by the board of visitors, the United States will pay 

10682 to the authorized agent of said missionary society, for the sup- 

10683 port and maintenance of the school, the sum of two thousand 

10684 dollars, and the like sum annually thereafter until the whole 

10685 sum of twenty thousand dollars shall have been expended. 

10686 The United States reserves the right to suspend the au- 

10687 nual appropriation of two thousand dollars for said school, in part 

10688 or in whole, whenever it shall appear that said missionary society 

10689 neglects or fails to manage the affairs of said school and farm in 

10690 a manner acceptable to the board of visitors aforesaid ; and if, at 

10691 any time within a period of ten years after the establishment 

10692 of said school, said missionary society shall abandon said school 

10693 or farm for the purposes intended in this treaty, then, and in 
10691 such case, said society shall forfeit all of its rights in the lands, 

10695 buildings, and franchises under this treaty, and it shall then be 

10696 competent for the Secretary of the Interior to sell or dispose of 

10697 the land hereinbefore designated, together with the buildiDgs 

10698 and improvements thereon, and expend the proceeds of the same 

10699 for the educational interests of the Indians in such manner as 

10700 he may deem advisable. 

10701 At the expiration of ten years after the establishment of 

10702 said school, if said missionary society shall have conducted 

10703 said school and farm in a manner acceptable to the board of 

10704 visitors during said ten years, the United States will convey to 

10705 said society the land before mentioned by patent in trust for 

10706 the benefit of said Indians. 

10707 In case said missionary society shall fail to accept the trust 

10708 herein named within one year after the ratification of this 

10709 treaty, then, and in that case, the said twenty thousand dollars 

10710 shall be placed to the credit of the educational fund of said In- 

10711 dians, to be expended for their benefit in such manner as the 

10712 Secretary of the Interior may deem advisable. 

10713 It is understood and agreed that said missionary society 

10714 may use the school-house now standing upon land adjacent 



241 



10715 to the land hereinbefore set apart for a school-farm where it 

10716 now stands, or move it upon the land so set apart. 

10717 Articles. The said Indians agree that, of the last two 

10718 payments of eighteen thousand eight hundred dollars each, 

10719 provided for by the said treaty of August second, eighteen him- 

10720 dred and fifty-live, the sum of seventeen thousand six hundred 

10721 dollars may be withheld, and the same shall be placed to the 

10722 credit of their agricultural fund, to be expended for their benefit 

10723 in sustaining their blacksmith-shop, in stock, animals, agri- 
10721 cultural implements, or in such other manner as the Secretary 

10725 of the Interior may deem advisable. 

10726 Article 6. The Commissioner of Indian Affairs may, at 

10727 the request of the chiefs and head-men, sell the mill and land 

10728 belonging thereto at Isabella City, on said reservation, and 

10729 api4y the proceeds thereof for such beneficiary objects as may 

10730 be deemed advisable by the Secretary of the Interior. 

10731 Article 7. Inasmuch as the mill belonging to said Indians 

10732 is partly located upon land heretofore selected by James Nichol- 

10733 son, it is hereby agreed that upon a relinquishment of ten acres 
10731 of said land by said Nicholson, in such form as may be deter - 

10735 mined by the agent for said Indians, he, the said Nicholson, 

10736 shall be entitled to select eighty acres of land, subject to the 

10737 approval of the Secretary of the Interior, and to receive a 

10738 patent therefor in fee simple. 

10739 Article 8. It is hereby expressly understood that the 

10710 eighth article of the treaty of August second, eighteen hun- 

10711 dred and fifty-five, shall in no wise be affected by the terms of 

10712 this treaty. 

10743 Proclaimed 16th August, 1866. 



10744 CHIPPEWAS— BOIS FOETE BAND. 

10715 Treaty between the United States of America and the Bois Forte 

10746 band of Chippewa Indians ; concluded April 7, 1866; rat in - 

10747 cation advised, with amendment, April 26, 1866; amendment 

10748 accepted, April 28, 1866. 

10719 Andrew Johnson, President of the United States of America, 

10750 to all and singular to whom these presents shall come, 

10751 greeting : 

10752 Whereas a treaty was made and concluded at the city of 

10753 Washington, in the District of Columbia, on the seventh day of 

10754 April, in the year of our Lord one thousand eight hundred and 

10755 sixty-six, by and between Denuis N. Cooley and E. E. L. Taylor, 

31 1 T 



242 



10756 commissioners on the part of the United States, and Gabe- 

10757 shcoclaway or Going through the Prairie, Babawinadjeweshcang 

10758 or Mountain Traveller, and others, chiefs, head-men, and war- 

10759 riors of the Bois Forte band of Chippewa Indians, on the part 

10760 of said band of Indians, and duly authorized thereto by them, 

10761 which treaty is id the words and figures following, to wit : 

10762 Articles of a treaty made and concluded at Washington, Dis- 

10763 trict of Columbia, this seventh clay of April, in the year of 
10761 our Lord one thousand eight hundred and sixty-six, by and 

10765 between the United States, party of the first part, by their 

10766 commissioners, D. H*. Cooley, Commissioner of Indian Affairs, 

10767 and E. E. L. Taylor, thereunto duly authorized, and the 

10768 Bois Forte band of Chippewa Indians, parties of the second 

10769 part, by the undersigned chiefs, head-men, and warriors of 

10770 said bands, thereunto duly authorized. 

10771 Article 1. The peace and friendship now existing between 

10772 the United States and said Bois Forte bands of Indians shall 

10773 be perpetual . 

10774 Article 2. In consideration of the agreements, stipula- 

10775 tions, and undertakings to be performed by the United States, 

10776 and hereinafter expressed, the Bois Forte bands of Chippewas 

10777 have agreed to, and do hereby, cede and forever relinquish and 

10778 surrender to the United States all their right, title, claim, and 

10779 interest in and to all lands and territory heretofore claimed, 

10780 held, or possessed by them, and lying east of the boundary line 

10781 mentioned and established in and by the first article of the 

10782 treaty made and concluded by and between the United States 

10783 of the one part, and the Chippewas of Lake Superior and the 

10784 Mississippi of the other part, on the 30th day of September, 

10785 A. D, 1854, and more especially in and to all that portion of 

10786 said territory heretofore claimed and occupied by them at and 

10787 near Lake Yermillion as a reservation. The Bois Forte band of 

10788 Chippewas in like manner cede and relinquish forever to the 

10789 United States all their claim, right, title, and interest in and to 

10790 all lands and territory lying westerly of said boundary line, or 

10791 elsewhere within the limits of the United States. 

10792 Article 3. In consideration of the foregoing cession and 

10793 relinquishment, the United States agree to and will perform the 

10794 stipulations, undertakings, and agreements following, that is 

10795 to say : 

10796 1st. There shall be set apart within one year after the date 

10797 of the ratification of this treaty, under the direction of the Presi- 

10798 dent of the United States, within the Chippewa country, for the 

10799 perpetual use and occupancy of said Bois Forte band of Chip- 

10800 pewas, a tract of land of not less than one hundred thousand 

10801 acres, the said location to include a lake known by the name of 



243 



10803 Netor As-sab-a-eo-na, if, upon examination of the country by the 

10803 agent sent by the President of the United States to select the 

10801 said reservation, it is found practicable to include the said lake 

10805 therein, and also one township of land on the Grand Fork River, 

10806 at the mouth of Beer Creek, if such location shall be found 

10807 practicable. 

10808 2d. The United States will, as soon as practicable after the 

10809 setting apart of the tract of country first above mentioned, erect 

10810 thereon, without expense to said Indians, one blacksmith's shop , 

10811 to cost not exceeding five hundred dollars ; one school-house, to 
10813 cost not exceeding five hundred dollars; and eight houses for 
10813 their chiefs, to cost not exceeding four hundred dollars each; 
10811 and a building for an agency house and storehouse for the stor- 

10815 age of goods and provisions, to cost not exceeding two thousand 

10816 dollars. 

10817 3d. The United States will expend annually for and in 

10818 behalf of said Bois Forte band of Chippewas, for and during 

10819 the term of twenty years from and after the ratification of this 
10830 treaty, the several sums and for the purposes following, to wit : 
10821 For the support of one blacksmith and assistant, and for tools, 
10832 iron, and steel, and other articles necessary for the blacksmith's 
10823 shop, fifteen hundred dollars; for one school-teacher, and the 
10821 necessary books and stationery for the school, eight hundred 

10825 dollars, the chiefs in council to have the privilege of selecting, 

10826 with the approval of the Secretary of the Interior, the religious 

10827 denomination to which the said teacher shall belong ; for iustruc- 

10828 tions of the said Indians in farming, and the purchase of seeds, 

10829 tools, &c, for that purpose, eight hundred dollars ; and for 

10830 annuity payments, the sum of eleven thousand dollars, three 

10831 thousand five hundred dollars of which shall be paid to them in 

10832 money per capita, one thousand dollars in provisions, ammuni- 

10833 tion, and tobacco, and six thousand five hundred dollars to be 
10831 distributed to them in goods and other articles suited to their 

10835 wants and condition. 

10836 Article 1. To enable the chiefs, head-men, and warriors 

10837 now present to establish their people upon the new reservation, 

10838 and to purchase useful articles and presents for their people, the 

10839 United States agree to pay to them, upon the ratification of this 

10810 treaty, the sum of thirty thousand dollars, to be expended under 

10811 the direction of the Secretary of the Interior. 

10812 Article 5. In consideration of the services heretofore ren- 

10813 deredto the said Indians by Francis Eoussaire, senior, Francis 
10811 Eoussaire, jr., and Peter E. Bradshaw, it is hereby agreed that 

10815 the said persons shall each have the right to select one hundred 

10816 and sixty acres of land, not mineral lands, and to receive pat- 

10817 ents therefor from the United States ; and for the like services 



244 

10848 to the Indians, the following named persons, to wit: Peter Eoy, 

10849 Joseph. Gurnoe, Francis Eoy, Vincent Eoy, Eustace Eonssaire, 

10850 and D. George Morrison, shall each have the right to select 

10851 eighty acres of land, not mineral lands, and to receive from the 

10852 United States patents therefor. 

10853 Article 6. It is further agreed that all payments of annu- 
10851 ities to the Bois Forte band of Ohippewas shall be made upon 

10855 their reservation if, upon examination, it shall be found prac- 

10856 ticable to do so. 

10857 Article 7. It is agreed by and between the parties hereto 

10858 that, upon the ratification of this treaty, all former treaties 

10859 existiug between them inconsistent herewith shall be, and the 

10860 same are hereby, abrogated and made void to all intents and 

10861 purposes; and the said Indians hereby relinquish any and all 

10862 claims for arrears of payments claimed to be due under such 

10863 treaties, or that are hereafter to fall due under the provisions of 
10861 the same, except that as to the third clause of the twelfth article 

10865 of the treaty of September 30, 1851, providing for a blacksmith, 

10866 smith-shop, supplies, and instructions in farming, the same shall 

10867 continue in full force and effect, but the benefits thereof shall 

10868 be transferred to the Chippewa s of Lake Superior. 

10869 Article 8. The United States also agree to pay the neces- 

10870 sary expenses of transportation and subsistence of the delegates 

10871 who have visited Washington for the purpose of negotiating 

10872 this treaty, not exceeding the sum of ten thousand dollars. 

10873 Proclaimed April 26, 1866. 



10874 OHIPPEWAS— SAGINAW TEIBE. 

10875 Articles of a treaty made and concluded at Detroit, in the State of 

10876 Michigan, on the fourteenth day of January, in the year of our 

10877 Lord eighteen hundred and thirty-seven, between the United 

10878 States of America, by their commissioner, Henry B. Schoolcraft, 

10879 and the Saganaw tribe of the Ghippeica Nation, by their chiefs 

10880 and delegates, assembled in council 

10881 Article 1. The said tribe cede to the United States the 

10882 following tracts of land, lying within the boundaries of Michi- 

10883 gan; namely: One tract of eight thousand acres, on the river 
10881 Au Sable. One tract of two thousand acres, on the Misho-icusk 

10885 or Rifle Eiver. One tract of six thousand acres, on the north 

10886 side of the river KawJcawling. One tract of five thousand seven 

10887 hundred and sixty acres upon Flint Elver, including the site of 

10888 Eeaums village, and a place called KishJcaicbau-ee. Oue tract of 



245 



10880 eight thousand acres on the head of the Cass (formerly Huron 

10800 Biver, at the village of Otussun. One island in the Saganaw 

10891 Bay, estimated at one thousand acres, being the island called 

10892 8haingicaukolcaug } on which MulcoJcoosh formerly lived. One 

10893 tract of two thousand acres at Nababish, on the Saganaw River. 
10891 One tract of one thousand acres, on the east side of the Saganaw 
10895 River. One tract of six hundred andforty acres, at (heat Bend, 
1089G on Cass Biver. One tract of two thousand acres at the mouth 

10897 of Point Augrais Biver. One tract of one thousand acres, on 

10898 the Cass Biver, at MenoqueVs village. One tract of ten thousand 

10899 acres on the Shiawassee Biver at KetehewaundauguminJc or Big 

10900 Lick. One tract of six thousand acres at the Little Forks, on 

10901 the Tetabwasing Biver. One tract of six thousand acres at the 

10902 Black-Birds' town, on the Tetabwasing Biver. One tract of 

10903 forty thousand acres, on the west side of the Saganaw Biver. 
10901 The whole containing one hundred and two thousand four huu- 

10905 dred acres, be the same more or less. 

10906 Article 2. The said Indians shall have the right of living 

10907 upon the tracts at the river Augrais, and Mushowusk or Rifle 

10908 Rivers, on the west side of Saganaw Bay, for the term of five 

10909 years, during which time no white man shall be allowed to settle 

10910 on said tracts, under a penalty of five hundred dollars, to be re- 

10911 covered at the suit of the informer ; one-half to the benefit of 

10912 said informer, the other half to the benefit of the Indians. 

10913 Article 3. The United States agree to pay to the said 
10911 Indians, in consideration of the lands above ceded, the net pro- 

10915 ceeds of the sales thereof, after deducting the expense of sur- 

10916 vey and sale, together with the incidental expenses of this treaty. 

10917 The lands shall be surveyed in the usual manner, and offered 

10918 for sale, as other public lands, at the land offices of the proper 

10919 districts, as soon as practicable after the ratification of this 

10920 treaty. A special account of the sales shall be kept at the Trea- 

10921 sury, indicating the receipts from this source, and after deduct - 

10922 ing therefrom the sums hereinafter set apart for specified ob- 

10923 jects, together with all other sums justly chargeable to this fund, 
10921 the balance shall be invested, under the direction of the Presi- 

10925 dent, in some public stock, and the interest thereof shall be au- 

10926 nually paid to the said tribe, in the same manner and with the 

10927 same precautions that annuities are paid : Provided, That if the 

10928 said Indians shall, at the expiration of twenty years, or at any 

10929 time thereafter, require the said stock to be sold, and the pro- 

10930 ceeds thereof distributed among the whole tribe, or applied to 

10931 the advancement of agriculture, education, or any other useful 

10932 object, the same maybe done, with the consent of the President 

10933 and Senate. 

10931 Article 1. The said Indians hereby set apart, out of the 



246 



10935 fund created by the sale of their lands, the following sums, 

10930 namely: 

10937 For a special payment to each of the principal chiefs, agreea- 

10938 bly to a schedule annexed, live thousand dollars. 

10939 For the support of schools among their children, ten thou- . 

10910 sand dollars. 

10911 For the payment of their just debts, accruing since the treaty 
10911' of Ghent, and before the signing of this treaty, forty thousand 
10913 dollars. 

10911 For compensating American citizens, upon whose property 

10915 this tribe committed depredations after the surrender of Detroit 

10910 in 1812, ten thousand dollars. 

10917 For meeting the payment of claims which have been eonsid- 

10918 ered and allowed by the chiefs and delegates in council, as per 

10919 schedule B hereunto annexed, twelve thousand two hundred and 

10950 forty-three dollars and seventy-five cents. 

10951 For vaccine matter, and the services of a physician, one 

10952 hundred dollars per annum for five years. 

10953 For the purchase of tobacco to be delivered to them, two 
10951 hundred dollars per annum for five years. 

10955 The whole of these sums shall be expended under the direc- 

10956 tion of the President, and the following principles shall govern 

10957 the application : The goods and provisions shall be purchased 

10958 by an agent or officer of the Government, on contract, and de- 

10959 livered to them, at their expense, as early as practicable after 

10960 the ratification of the treaty. The annuity of ten thousand dol- 

10961 lars shall be divided among the heads of families, agreeably to 

10962 a census, to be taken for the purpose. The school fund shall be 

10963 put at interest, by investment in stocks, and the interest applied 
10961 annually to the object, commencing in the year 1810, but the 

10965 principal shall constitute a permanent fund for twenty years, 

10966 nor shall the stock be sold, nor the proceeds diverted, at that 

10967 period, without the consent of the President and Senate. 

10968 The monies set apart for the liquidation of their debts, and 

10969 for depredations committed by them, shall be paid, under such 

10970 precautions for ascertaining the justice of the indebtedness or 

10971 claim, as the President may direct, but no payment shall be made, 

10972 under either head, which is not supported by satisfactory proof, 

10973 and sanctioned by the Indians ; and if any balance of either 
10971 sum remains it shall be immediately divided by the disbursing 

10975 officer among the Indians. The other items of expenditure 

10976 mentioned in this article shall be disbursed, under the usual 

10977 regulations of the Indian Department for insuring faithfulness 

10978 and accountability in the application of the money. 

10979 Article 5. The United States will advance the amount set 

10980 apart in the preceding article for the purchase of goods and pro- 



247 

10981 visions, and the payment of debts and depredations by tbe In- 

10982 dians; also the several sums stipulated to be paid to the chiefs, 

10983 and distributed to the Indians as an annuity in 1837, and the 
10981 amount set apart for claims allowed by the Indians, together 

10985 with the expense of this negociation. 

10986 Article 6. The said tribe agrees to remove from the State 

10987 of Michigan as soon as a proper location can be obtained. For 

10988 this purpose a deputation shall be sent to view the country oc- 

10989 cupied by their kindred tribes, west of the most westerly point 

10990 of Lake Superior, and if an arrangement for their future and 

10991 permanent residence can be made in that quarter, which shall 

10992 be satisfactory to them and to the Government, they shall be 

10993 permitted to form a reunion with such tribes, and remove thereto. 
10991 If such arrangement cannot be effected, the United States will 

10995 afford its influence in obtaining a location for them at such 

10996 place west of the Mississippi and southwest of the Missouri as 

10997 the legislation of Congress may indicate. The agency of the 

10998 exploration, purchase, and removal will be performed by the 

10999 United States, but the expenses attending the same shall be 

11000 chargeable to said Indians at the Treasury, to be refunded out of 

11001 the proceeds of their lands at such time and in such manner as 

11002 the Secretary of the Treasury shall deem proper. 

11003 Article 7. It is agreed that the smith's shop shall be con- 
11001 tiimed among the Saganaws, together with the aid in agricul- 

11005 tare, farming utensils, and cattle secured to them under the 

11006 treaty of September 21th, 1819, as fixed, in amount, by the act of 

11007 Congress, May 15th, 1820. But the President is authorized to 

11008 direct the discontinuance of the stated farmers should he deem 

11009 proper, and the employment of a supervisor or overseer, to be 

11010 paid out of this fund, who shall procure the services, and make 

11011 the purchases required, under such instructions as may be is- 

11012 sued by the proper department. And the services shall be ren- 

11013 dered, and the shop kept, at such place or places as may be 
11011 most beneficial to the Indians. It shall be competent for the 

11015 Government, at the request of the Indians seasonably made, to 

11016 furnish them agricultural products, or horses and saddlery, in lieu 

11017 of said services, whenever the fund will justify it: Provided, 

11018 That the whole annual expense, including the pay of the super- 

11019 visor, shall not exceed the sum of two thousand dollars, fixed by 

11020 the act herein above referred to. 

11021 Article 8. Tbe United States agree to pay to the said 

11022 tribe, as one of the parties to the treaty concluded at Detroit 

11023 on the 17th of November, 1807, the sum of one thousand dollars, 
11021 to quiet their claim to two reservations of land, of two sections 

11025 each, lying in Oakland County, in the State of Michigan, which 

11026 were ceded to the Government by the Pottowattomies of St. 



248 



11027 Joseph's on the nineteenth of September, 1827. This sum will 

11028 be paid to the chiefs who are designated in the schedule referred 

11029 to in the fourth article, at the same time and place that the 

11030 annuities for the present year are paid to the tribe. And the 

11031 said tribe hereby relinquish and acknowledge full satisfaction for 

11032 any claim they now have, or have ever possessed, to the reser- 

11033 vations aforesaid. 

11031 Article 9. Nothing in this treaty shall be construed to 

11035 affect the paymeot of any annuity due to the said tribe by any 

11036 prior treaty. But the same shall be paid as heretofore. 

11037 Article 10. Abrogated by Article 4 of Treaty of December 

11038 20, 1837, page 251. 

11039 Article 11. The usual expenses attending the formation of 

11040 this treaty will be paid by the United States, provided that 

11041 the Government may, in the discretion of the President, direct 

11042 the one moiety thereof to be charged to the Indian fund created 

11043 by the third article of this treaty. 

11044 Proclaimed July 2, 1838. 



11045 Schedule of the names of chiefs entitled to payments under the four tit 

11046 and eighth articles of the foregoing treaty. 

11047 The following chiefs, representing the several bands of the 

11048 tribe of the Saganaws, are entitled to receive the several sums 

11049 of five hundred and one hundred dollars each, to wit ; 

11050 1. Ogima Kegido. 

11051 2. Shawuu, Epenaysse. 

11052 3. ^STaum Gitchegoine, 

11053 4. MaukEsaub, 

11054 5. Muckuk, Kosh. 

11055 6. Pete way, Weetum. 

11056 7, Paypah, Monshee. 

11057 8. Tontagonee. 

11058 9. Wasse. 

11059 10. Wahputo-ains. 

11060 HENEY E. SCHOOLCEAFT, 

11061 Commissioner. 

11062 Schedule B. 

11063 To Wawasso - - $±00 00 

11064 Ke-she-ah-be-no qua, sister of Wawasso 400 00 

11065 Ke-wah-ne-quot 400 00 

11066 Peter Provencal ' 400 00 

11067 Leon, or Oge-ma-ge-ke-to - - - - • 400 00 

11068 Moran, or Chemoquemont 200 00 

11069 Ke-she-go-qua . - . . , > - - • 200 00 



249 



11070 To Wetonsaw, son of James Connor $400 00 

11071 Odis-pa-be-go-qua and children 800 00 

11072 Pen-a-see..-. 400 00 

11073 Ozhe-me-ega : . 400 00 

11074 Bourissa's wife, at river an Sable 800 00 

11075 Nah-bwa-quo-una . 400 00 

11076 Muttoway-bun-gee 400 00 

11077 Ghonue * 400 00 

11078 Mah-in-gun 800 00 

11079 Ma-conse 800 00 

11080 J. P. Simonton 800 00 

11081 Wabishkindib, or Henry Conner 3, 243 75 

11082 Peepegauaince. - . . . , _ . 200 00 



11083 Articles supplementary to certain treaties between the United States 

11084 and the Saganaw tribe of Chippewas. 

11085 Article 1. Whereas. the said tribe have, by the treaty of 

11086 the 14th January, 1837, ceded to the United States all their 

11087 reserves of land in the State of Michigan, on the principle of 

11088 said reserves being sold at the public laud-offices for their benefit, 

11089 and the actual proceeds being paid to them, as farther defined 

11090 by stipulations contained in the amendments to said treaty of 

11091 the 20th December, 1837, and of the 23d January, 1838 ; and 

11092 whereas it is required by a subsequent law of Congress to erect 

11093 a light-house on one of said reserves, called Na-bo-bish tract, 

11094 lying at the mouth of the Saganaw River, and to reserve so much 

11095 of the same from sale as may be necessary : It is therefore hereby 

11096 agreed by the said tribe that for and in consideration of the sum 

11097 of eight dollars per acre, one-sixteenth of a section of said tract, 

11098 situated as aforesaid, shall be, and the same is hereby, appro- 

11099 priated and set apart to be located and disposed of in any mau- 

11100 ner the President may direct. And the same shall be reserved 

11101 from sale, and all claim to any proceeds therefrom, except the 

11102 sum hereinbefore stipulated, is fully, completely, and forever 

11103 relinquished by said tribe. 

11104 Article 2. This compact shall be submitted to the Presi- 

11105 dent and Senate of the United States, to be approved by them, 

11106 whereupon possession of the land may be immediately taken, 

11107 and the usufructary right of the Indians thereto shall cease. 
■ 11108 Proclaimed March 2, 1839. 

11109 Supplementary article to a certain treaty between the United States 

11110 and the Chippewa chiefs of Saganaw, concluded at Lower Sag-. 

11111 anaw, on the seventh day of February, eight ecu hundred and 

11112 thirty-nine. 

11113 Article 1. Whereas by the first article of the aforesaid 

11114 treaty, the chiefs stipulate to sell to the United States forty 

32 I T 



250 



11115 acres of land to be located on the Na-bo-bish tract at the mouth 

11116 of Saganaw river, for the purpose of erecting thereon a light- 

11117 house : 

11118 Now, provided the President of the United States should 

11119 prefer forty acres on the tract known as the forty-thousand- 

11120 acre reservation, at the mouth of the aforesaid river, he is fully 

11121 authorized by these presents to chauge the location from the Na- 

11122 bo-bish tract to the said forty-thousand-acre reservation. 

11123 Proclaimed March 2, 1839. 



11121 Articles of a treaty made and concluded at Flint River , in the State 

11125 of Michigan, on the twentieth day of December, eighteen hun- 

11126 dred and thirty-seven, between the United States, by Henry B. 

11127 Schoolcraft, commissioner duly authorized for that purpose, 

11128 and acting superintendent of Indian affairs, and the Saganaw 

11129 tribe of Ghippewas. 

11130 Article 1. It is agreed that the sum of fifty cents per 

11131 acre shall be retained out of every acre of land ceded by said 

11132 tribe, by the treaty of the 14th of January, 1837, as an indem- 

11133 nification for the location to be furnished for their future per- 
11131 manent residence and to constitute a fund for emigrating 

11135 thereto. 

11136 Article 2. The United States agree to reserve a location 

11137 for said tribe on the head- waters of the Osage River, in the 

11138 country visited by a delegation of the said tribe during the 

11139 present year, to be of proper extent agreeably to their numbers, 
11110 embracing a due proportion of wood and water, and lying con- 

11141 tiguous to tribes of kindred language. Nor shall anything con- 

11142 tained in the sixth article of the treaty of the 14th January, 

11143 1837, entitle them at this time to a location in the country west 

11144 of Lake Superior. 

11145 Article 3. Nothing embraced in the fifth article of said 

11146 treaty shall obligate the United States, at the present time, to 

11147 advance from the Treasury the entire amount appropriated by 

11148 the said tribe in the fourth article of said treaty ; but the Pres- 

11149 ident shall have authority to direct such part of the said moneys 

11150 to be paid for the objects indicated, so far as the same are not 

11151 hereinafter modified, as he may deem proper : Provided, That 

11152 the whole sum so advanced shall not exceed seventy-five thou- 

11153 sand dollars. And the reduction shall be made upon the sev- 

11154 eral items ratably, or in any other manner he may direct : Pro- 

11155 vided, That the balance of said appropriations, or of any item 

11156 or items thereof, shall be paid out of the proceeds of the ceded 

11157 lands, as soon as the fund will permit and the President may 

11158 direct. 



251 



11150 Aeticle 1. The first and second clauses of tlie fourth ai- 

111C0 tiele of the treaty of the 11th of January. 1SJ7. and the tenth 

11161 article of said treaty are hereby abrogated : and in lieu thereof 

11162 it is agreed that theUnited States shall pay to said tribe in each 

11163 of the years 1S3S and 1839, respectively, an annuity of live thou- 
111G1 sand dollars, and goods to the amount of ten thousand dollars, 

11165 to be advanced by the Treasury, and to be refunded out of the 

11166 first proceeds of their lands. But no further annuity, nor in any 

11167 higher amounts, shall be paid to them by virtue of the treaty 

11168 aforesaid, untill the same shall be furnished by the interest of 

11169 the proceeds of their lands, vested in conformity with the pro- 

11170 visions of the third article of said treaty. 



11171 Aeticle 5. Several of the chiefs entitled to payments by 

11172 schedule A affixed to the treaty aforesaid having died within 

11173 the year, it is agreed that the proportion of the fund to which 
11171 they would have been entitled may be redivided in such rnan- 

11175 ner as the President may direct. 

11176 Aeticle 6. Mo act of Congress shall confer upon any cit- 

11177 izen or other person the right of pre-emption to any lands ceded 

11178 to the United States by the treaty of the 11th of January. 1837, 
11170 herein above referred to. In or shall any construction be put 

11180 upon any existing law respecting the public lands granting this 

11181 right to any lands ceded by said treaty. 

11182 Aeticle 7. The United States will pay the expenses of this 

11183 negotiation, together with the unpaid expenses of the prior ne- 

11184 gotiations with said tribe of the 21th of May. 1S36. and of the 

11185 11th of January. 1837. 

11186 Proclaimed July 3. 1S3S. 

11187 CHIPPEWAS. — THE EAXDS COMPREHENDED WITHES" 

11188 THE DISTRICT OE SAGINAW. 

11180 Articles of a treaty concluded at the city of Saganaw in Michigan. 

11190 on the twenty-third day of January, eighteen hundred and 

11101 thirty-eight, between the United stertes of America, by the un- 

11102 der signed comm issioner, and the several bands of the Chippewa 
11193 Nation comprehended within the district of Saganaw. 

11101 Whereas the chiefs of said bauds have represented that 

11195 combinations of purchasers may be formed, at the sale of their 

11106 lands, for the purpose of keeping down the price thereof, both 

11107 at the public and private sales, whereby the proceeds would be 
1110S greatly diminished ; and 

11199 Whereas such a procedure would defeat some of the primary 

11200 objects of the cession of the lands to the United States, and 



252 



11201 thereby originate difficulties to their early removal and expatri- 

11202 ation to the country west of the Mississippi ; and 

11203 Whereas full authority has been given to the undersigned, 
11201 respectively, on the part of the United States and the said 

11205 bauds, to conclude and settle every question connected with the 

11206 sale and cession aforesaid : 

11207 Now, therefore, to the end that justice may completely ensue, 

11208 the objects of both the contracting parties be attained, and peace 

11209 aud friendship be preserved with said tribes, it is mutually 

11210 agreed as follows : 

11211 Article 1. The lands ceded by the treaty of the 14th of 

11212 January, 1837, shall be offered for sale, by proclamation of the 

11213 President, and the sale shall be conducted in the same manner 

11214 as the laws require other lands to be sold : But it is provided, 

11215 That all lands brought into market under the authority of said 

11216 treaty shall be put up for sale by the register and receiver of 

11217 the respective land office at five dollars per acre, which is hereby 

11218 declared to be the minimum price thereof ; and if this price is 

11219 not bid the sales shall be stopped ; nor shall any such lands be 

11220 disposed of, either at public or private sales, for a sum less than 

11221 five dollars per acre, for and during the term of two years from 

11222 the commencement of the sale. Should any j)ortion of said 

11223 lands remain unsold at the expiration of this time, the minimum 

11224 price shall be diminished to two dollars and fifty cents per acre, 

11225 at which price they shall be subject to entry until the whole 

11226 quantity is sold : Provided, That if any part of said lands remain 

11227 unsold at the expiration of five years from the date of the rati- 

11228 fication of this treaty, such lands shall fall under the provision 

11229 of third article of this treaty. 

11230 Article 2. To provide against the contingency of any of 

11231 said lands remaining unsold, and to remove any objections to 

11232 emigrating, on the part of the Indians, based on such remainder, 

11233 it is hereby agreed that every such section, fractional section, 

11234 or other unsold remainder, shall, at the expiration of five years 

11235 from the ratification of this treaty, be sold for such sum as it 

11236 will command: Provided, That no such sale shall be made for 

11237 less than seventy-five cents per acre. 

11238 Article 3. This treaty shall be binding from the date of 

11239 its constitutional ratification ; but its validity shall not be affected 

11240 by any modification or non-concurrence of the President and 

11241 Senate in the third and fourth articels thereof. 

11242 Proclaimed July 2, 1838. 



253 



11243 CHIPPEWAS OF SAULT STE. M ABIE. 

11211 Franklin Pierce, President of the United States of America, 

11215 to all and singular to whom these presents shall come, 

11216 greeting : 

11217 Whereas a treaty was made and concluded at the city of 

11218 Detroit, in the State of Michigan, the second day of August, 

11219 eighteen hundred and fifty-five, by George W. Manypenny and 

11250 Henry 0. Gilbert, commissioners on the part of the United 

11251 States, and the Chippewa Indians of Sault Ste. Marie, which 

11252 treaty is in the words and figures following, to wit : 

11253 Articles of agreement made and concluded at the city of De- 
11251 troit, in the State of Michigan, the second day of August, 

11255 1855, between George W. Manypenny and Henry C. Gil- 

11256 bert, commissioners on the part of the United States, and 

11257 the Chippewa Indians of Sault Ste. Marie. 

11258 Article 1. The said Chippewa Indians surrender to the 

11259 United States the right of fishing at the falls of St. Mary's, and 

11260 of encampment, convenient to the fishing-ground, secured to 

11261 them by the treaty of June 16, 1 820. 

11262 Article 2. The United States will appoint a commissioner 

11263 who shall, within six months after the ratification of this treaty, 
11261 personally visit and examine the said fishery and place of en- 

11265 campment, and determine the value of the interest of the In- 

11266 dians therein as the same originally existed. His award shall 

11267 be reported to the President, and shall be final and conclusive, 

11268 and the amount awarded shall be paid to said Indians, as annu- 

11269 ities are paid, and shall be received by them iu full satisfaction 

11270 for the right hereby surrendered : Provided, That one-third of 

11271 said award shall, if the Indians desire it, be paid to such of 

11272 their half-breed relations as they may indicate. 

11273 Article 3. The United States also give to the chief, 
11271 O-shaw-waw-no, for his own use, in fee-simple, a small island in 

11275 the river St. Mary*s, adjacent to the camping-ground hereby 

11276 surrendered, being the same island on which he is now en- 

11277 camped, and said to contain less than half an aere : Provided. 

11278 That the same has not been heretofore otherwise appropriated 

11279 or disposed of: and in such case, this grant is to be void, and 

11280 no compensation is to be claimed by said chief or any of the 

11281 Indians, parties hereto, in lieu thereof. 

11282 Article 1. This agreement shall be obligatory and biud- 

11283 ing on the contracting parties as soon as the same shall be rati- 

11284 fied by the President and Senate of the United States. 

11285 Proclaimed April 21, 1856. 



254 



11286 CHIPPEWAS, BED LAKE, AND PEMBINA BANDS. 

11287 Treaty between the United States and the Bed Lake and Pembina 

11288 bands of Chippewa Indians, concluded in Minnesota October 
11239 2,1863: ratified by the Senate, with amendments, March 1, 

11290 1861: amendments assented to April 12, 1861. 

11291 By the President of the Un ited States of America : 

11292 A PROCLAMATION. 

11293 To all and singular to whom these presents shall coine, greeting-: 
11291 Whereas a treaty was made and concluded at the Old Cross- 

11295 ing of Bed Lake Eiver. in the State of Minnesota, on the second 

11296 day of October, in the year of our Lord one thousand eight hun- 

11297 dred and sixty-three, by and between Alexander Bainsey and 

11298 Ashley C. Morrill, commissioners on the part of the United 

11299 States, and the hereinafter-named chiefs, head-men, and warriors 

11300 of the Eed Lake and Pembina bands of Chippewa Indians, on 

11301 the part of said bands, and duly authorized thereto by them, 

11302 which treaty is in the words and figures following, to wit : 

11303 Articles of a treaty made and concluded at the Old Crossing of 
11301 Eed Lake Eiver, in the State of Minnesota, on the second 

11305 day of October, in the year eighteen hundred and sixty- 

11306 three, between the United States of America, by their com- 

11307 missioners, Alexander Eamsey and Ashley C. Morrill, agent 

11308 for the Chippewa Indians, and the Eed Lake and Pembina 

11309 bands of Chippewas, by their chiefs, head-men, and war- 

11310 riors. 

11311 Article 1. The peace and friendship now existing between 

11312 the Lmited States and the Eed Lake and Pembina bands of 

11313 Chippewa Indians shall be perpetual. 

11311 Article 2. The said Eed Lake and Pembina bands of 

11315 Chippewa Indians do hereby cede, sell, and convey to the United 

11316 States all their right, title, and interest in and to all the lands 

11317 now owned and claimed by them in the State of Minnesota and 

11318 in the Territory of Dakota within the following described bouud- 

11319 aries, to wit : Beginning at the point where the international 

11320 boundary between the United States and the British possessions 

11321 intersects the shore of the Lake of the Woods ; thence in a direct 

11322 line southwestwardly to the head of Thief Eiver 5 thence down 

11323 the main channel of said Thief Eiver to its mouth on the Eed 
11321 Lake Eiver : thence in a southeasterly direction, in a direct 

11325 line toward the head of "Wild Eice Elver, to the point where 

11326 such line would intersect the northwestern boundary of a tract 



255 



11327 ceded to the United States by a treaty concluded at Washing- 

11328 ton on the 22d day of February, iu the year eighteen hundred 

11329 and fifty-fi ve, with the Mississippi, Pillager, and Lake Winne- 

11330 bigoshish bands of Chippewa Indians; thence along the said 

11331 boundary-line of the said cession to the mouth of Wild Rice 

11332 River; thence up the main channel of the Red River to the 

11333 mouth of the Shayenne; thence up the main channel of the 

11334 Shayenne River to Poplar Grove; thence in a direct line to the 

11335 Place of Stumps, otherwise called Lake Chicot; thence in a 

11336 direct line to the head of the main branch of Salt River : thence 

11337 in a direct line due north to the point where such line would in 

11338 tersect the international boundary aforesaid ; thence eastwardiy 

11339 along said boundary to the place of beginning. 

11340 Article 3. In consideration of the foregoing cession, the 

11341 United States agree to pay to the said Red Lake and Pembina 

11342 bands of Chippewa Indians the following sums, to wit: Twenty 

11343 thousand dollars per annum for twenty years, the said sum to 

11344 be distributed among the Chippewa Indians of the said bands in 

11345 equal amounts per capita, and for this purpose an accurate ehu- 

11346 meration and enrollment of the members of the respective bands 

11347 and families shall be made by the officers of the United States : 

11348 Provided, That so much of this sum as the President of the 

11349 United States shall direct, not exceeding five thousand dollars 

11350 per year, may be reserved from the above sum and applied to 

11351 agriculture, education, the purchase of goods, powder, lead, &c, 

11352 for their use, and to such other beneficial purposes calculated to 

11353 promote the prosperity and happiness of the said Chippewa In- 

11354 dians, as he may prescribe. 

11355 Article 4. And in further consideration of the foregoing 

11356 cession, and of their promise to abstain from such acts in future 

11357 the United States agree that the said Red Lake and Pembina 

11358 bands of Chippewa Indians shall not be held liable to punis h 

11359 ment for past offences. And in order to make compensation to 

11360 the injured parties for the depredations committed by the said 

11361 Indians on the goods of certain British and American traders at 

11362 the mouth of Red Lake River, and for exactious forcibly levied 

11363 by them on the proprietors of the steamboat plying on the Red 

11364 River, and to enable them to pay their just debts, the United 

11365 States agree to appropriate the sum of one hundred thousand 

11366 dollars, it being understood and agreed that the claims'of indi- 

11367 viduals for damages or debt under this article shall be ascer- 

11368 tained and audited, in consultation with the chiefs of said bands? 

11369 by a commissioner or commissioners appointed by the President 

11370 of the United States; furthermore, the sum of two thousand 

11371 dollars shall be expended for powder, lead, twine, or such other 

11372 beneficial purposes as the chiefs may request, to be equitably 



256 



11373 distributed among the said bands at the first payment : Provided, 

11371 That no part of the sum of one hundred thousand dollars shall 

11375 be appropriated or paid to make compensation for damages or 

11376 for the payment of auy debts owing from said Indians until the 

11377 said commissioner or commissioners shall report each case, with 

11378 the proofs thereof, to the Secretary of the Interior, to be sub- 

11379 mitted to Congress, with his opinion thereon, for its action ; and 

11380 that after such damages and debts shall have been paid, the res- 

11381 idue of said sum shall be added to the annuity funds of said In- 

11382 dians, to be divided equally upon said annuities. 

11383 Article 4. To encourage and aid the chiefs of said bands 
11381 in preserving order and inducing, by their example and advice, 

11385 the members of their respective bands to adopt the habits and 

11386 pursuits of civilized life, there shall be paid to each of the said 

11387 chiefs annually, out of the annuities of the said bands, a sum 

11388 not exceeding one hundred and fifty dollars, to be determined 

11389 by their agents according to their respective merits. And for 

11390 the better promotion of the above objects, a further sum of five 

11391 hundred dollars shall be paid at the first payment to each of the 

11392 said chiefs, to enable him to build tor himself a house. Also, 

11393 . the sum of five thousand dollars shall be appropriated by the 
11391 United States for cutting out a road from Leech Lake to Eed 

11395 Lake, 

11396 Article 5. The President shall appoint a board of visitors, 

11397 to consist of not less than two nor more than three persons, to 

11398 be selected from such Christian denominations as he may desig- 

11399 nate, whose duty it shall be to attend at all annuity payments 

11100 of the said Chippewa Indians, to inspect their fields and other 

11101 improvements, and to report annually thereon on or before the 

11102 first day of November, and also as to the qualifications and moral 

11103 deportment of all persons residing upon the reservation under 
11101 the authority of law; and they shall receive for their services 

11105 five dollars a day for the time actually employed, and ten cents 

11106 per mile for travelling expenses: Provided, That no one shall be 

11107 paid in any one year for more than twenty days' service or for 
11408 more than three hundred miles' travel. 

11109 Article 6. The laws of the United States now in force, or 

11410 that may hereafter be enacted, prohibiting the introduction and 

11411 sale of spirituous liquors in the Indian country, shall be in full 

11412 *force and effect throughout the country hereby ceded, until 
11113 otherwise directed by Congress or the President of the United 
11111 States. 

11415 Article 7. In further consideration of the foregoing ces- 

11416 sion, it is hereby agreed that the United States shall grant to 

11417 each male, adult half-breed, or mixed-blood who is related by 

11418 blood to the said Chippewas of the said Bed Lake or Pembina 



257 



11410 bands who lias adopted the habits and customs of civilized life, 

11120 and who is a citizen of the United States, a homestead of one 

11121 hundred and sixty acres of land, to be selected at his option, 

11122 within the limits of the tract of country hereby ceded to the 

11123 United States, on any land not previously occupied by actual 
11121 settlers or covered by prior grants, the boundaries thereof to be 

11125 adjustedin conformity with the lines of the official surveys when 

11126 the same shall be made, and with the laws and regulations of 

11127 the United States affecting the location and entry of the same : 

11128 Provided, That no scrip shall be issued under the provisions of 

11129 this article, and no assignments shall be made of any right, title, 

11130 or interest at law or in equity until a patent shall issue, and no 

1113 1 patent shall be issued until due proof of five years' actual resi- 

11132 dence and cultivation, as required by the act entitled "An act 
11433 to secure homesteads on the public domain." 

11131 Article 8. Upon the urgent request of the Indians, parties 

11135 to this treaty, there shall be set apart from the tract hereby 

11136 ceded a reservation of (610) six hundred and forty acres near the 

11137 mouth of Thief Eiver for the chief "Moose Dung," and a like 

11138 reservation of (610) six hundred and forty acres for the chief 

11139 "Eed Bear," on the north side of Pembina Eiver. 
11110 Proclaimed May 5, 1864. 



11111 Supplementary articles to the treaty between the United States and 

11112 the Bed Lake and Pembina bands of Chippewa Indians, con- 

11113 eluded at Washington April 12, 1861 ; ratified by the Senate 
11444 April 21, 1861. 

11115 By the President of the United States of America. 

11116 A PROCLAMATION. 

11117 To all and singular to whom these presents shall come, greeting: 

11118 Whereas a treaty was made and concluded at the city of 
11419 Washington, in the District of Columbia, on the 12th day of 

11150 April, in the year of our Lord one thousand eight hundred and 
11451 sixty-four, by and between Clark W. Thompson and Ashley C. 

11152 Morrill, commissioners on the part of the United States, and 

11153 the hereinafter-named chiefs, head-men, and warriors of the 

11151 Bed Lake and Pembina bands of Chippewa Indians, on behalf 

11155 of and duly authorized thereto by said bands, which treaty is in 

11156 the words and figures following, to wit : 

11157 Articles supplementary to the treaty made and concluded at the 

11158 Old Crossing of Eed Lake Eiver, in the State of Minnesota. 

11159 on the second day of October, in the year eighteen hundred 

11160 and sixty-three, between the United States of America, by 

33 I T 



v 



258 



111G1 their commissioners, Clark TV. Thompson and Ashley 0. 
111G2 Morrill, and the Eed Lake and Pembina bands of Chippewa 
111G3 Indians, by their chiefs, head-men. and warriors, concluded 
11161 at the city of Washington. District of Columbia, on the 
11165 twelfth day of April, in the year eighteen hundred and 
111G6 sixty-four, between the United States, by the said commis- 

11467 sioners, of the one part, and the said bands of the Chippe- 

11468 wa Indians, by their chiefs, head-men. and warriors, of the 

11169 other part. 

11170 Aeticle 1. The said Eed Lake and Pembina bands of 

11171 Chippewa Indians do hereby agree and assent to the provisions 

11172 of the said treaty, concluded at the Old Crossing of Red Lake 

11173 River, as amended by the Senate of the United States, by reso- 
11171 lution bearing date the first day of March, in the year eighteen 
11475 hundred and sixty-four. 

11176 Aeticle 2. In consideration of the cession made by said 

11177 treaty, concluded at the Old Crossing of Eed Lake River, and 

11178 in lieu of the annuity payment provided for by the third article 

11179 of said last-mentioned treaty, the United States will pay annu- 

11180 ally, during the pleasure of the President of the United States, 

11181 to the Eed Lake band of Chippewas the sum of ten thousand 

11182 dollars, and to the Pembina band of Chippewas the sum of rive 

11183 thousand dollars, which said sums shall be distributed to the 
11181 members of said bands, respectively, in equal amounts per cap. 

11185 ita, for which purpose an accurate enumeration and enrollment 

11186 of the members of the respective bands shall be made by the 

11187 officers of the United States. 

11188 Aeticle 3. The United States will also expend annually, for 

11189 the period of fifteen years, for the Eed Lake band of Chippewas, 

11190 for the purpose of supplying them with gilling-twine, cotton 

11191 mater, calico, linscy. blankets, sheeting, flannels, provisions, 

11192 farming-tools, and for such other useful articles and for such 

11193 other useful purposes as may be deemed for their best interests, 
11191 the sum of eight thousand dollars: and will expend in like 

11195 manner, and for a like period, and for like purposes, for the 

11196 Pembina band of Chippewas, the sum of four thousand dollars. 

11197 Aeticle 1. The United States also agree to furnish said 
11193 bands of Indians, for the period of fifteen years, one blacksmith, 
11199 one physician, one miller, and one farmer: and will also furnish 

11500 them annually, during the same period, with fifteen hundred 

11501 dollars" worth of iron, steel, and other articles for blacksinitking 

11502 purposes, and one thousand dollars for carpentering and other 

11503 purposes. 

11501 Aeticle 5. The United States also agree to furnish for said 

11505 Indians, at some suitable point, to be determined by the Secre- 

L1506 tary of the Interior, a saw-mill, with a run of millstones attached. 



259 

11507 Article 6. It is further agreed, by and between the par- 

11508 ties hereto, that article four of the said treaty, concluded at the 

11509 Old Crossing of Red Lake River, and the amendment to said 

11510 article, shall be modified as follows: that is to say, twenty-five 

11511 thousand dollars of the amount thereby stipulated shall be paid 

11512 to the chiefs of said bands, through their agent, upon the ratifi- 

11513 cation of these articles, or so soon thereafter as practicable, to 

11514 enable them to purchase provisions and clothing, presents to be 

11515 distributed to their people upon their return to their homes"; of 

11516 which amount five thousand dollars shall be expended for the 

11517 benefit of their chief, May-dwa-gwa-no-nind ; and that from the 

11518 remaining seventy-five thousand dollars the claims of injured 

11519 parties for depredations committed by said Indians on the goods 

11520 of certain British and American traders at the mouth of Red 

11521 Lake River, and for exactions forcibly levied by them on the 

11522 proprietors of the steamboat plying on the Red River, shall have 

11523 priority of payment, and be paid in full, and the remainder 

11524 thereof shall be paid pro rata upon the debts of said tribe incur- 

11525 red since the first day of January, in the year eighteen hundred 

11526 and fifty-nine, to be ascertained by their agent in connection 

11527 with the chiefs, in lieu of the commissioner or commissioners 

11528 provided for in the fourth article of said treaty concluded at the 

11529 Old Orossing of Red Lake River. 

11530 Article 7. It is further agreed by the parties hereto, that, 

11531 in lieu of the lands provided for the mixed-bloods by article 

11532 eight of said treaty, concluded at the Old Crossing of Red Lake 

11533 River, scrip shall be issued to such of said mixed-bloods as shall 
11531 so elect, which shall entitle the holder to a like amount of land, 

11535 and may be located upon any of the lands ceded by said treaty, 

11536 but not elsewhere, and shall be accepted by said mixed-bloods 

11537 in lieu of all future claims for annuities. 

11538 Proclaimed April 25, 1864. 

11539 CHIPPEWAS, MISSISSIPPI, AND PILLAGER AND LAKE 

11540 WINNEBAGOSHISH BANDS. 

11541 Treaty between the United States of America and the Chippewas of 

11542 the Mississippi and Pillager and Lcike TiYinnebagoshish bunds 

11543 of Chippeiva Indians in Minnesota, concluded May 7, 1864 ; 

11544 ratification advised, with an amendment by the Senate, Fcbru- 

11545 ary9, 1865; amendment assented to February 14, 1865. 

11546 Abraham Lincoln, President of the United States of America, 

11547 to all and singular to whom these presents shall come, 

11548 greeting : 

11549 Whereas a treaty was made and concluded at the city of 



260 



11550 Washington, in the District of Colombia, on the seventh day of 

11551 May, in the year of onr Lord one thousand eight hundred and 

11552 sixty-four, by and between William P. Dole, Commissioner of 

11553 Indian Affairs, and Clark W. Thompson, superintendent of Indian 
11551 affairs for the northern superintendency, on the part of the 

11555 United States, and the Chippewa chief Que-w r e-zance, or Hole- 

11556 in-the-day, and Mis-qua-dace, or Turtle, on the part of the Chip- 

11557 pewas of the Mississippi, and Pillager and Lake Winnebagosh- 

11558 ish bands of Chippewa Indians in Minnesota, and duly author- 

11559 ized thereto by them, which treaty is in the words and figures 
115G0 following, to wit : 

11561 Articles of agreement and convention made and concluded at 

11562 the city of Washington this seventh day of May, A. D. 1861, 

11563 between William P. Dole, Commissioner of Indian Affairs, 

11564 and Clark W. Tho mpson, superintendent of Indian affairs 

11565 for the northern superintendency, on the part of the United 

11566 States, and the Chippewa chief Hole-in-the-day, and Mis- 

11567 qua -dace, for and on behalf of the Chippewas of the Mis- 

11568 sissippi, and Pillager and Lake Winnebagoshish bands of 

11569 Chippewa Indians in Minnesota. 

11570 Article 1. The reservations known as Gull Lake, Mille 

11571 Lac, Sandy Lake, Babbit Lake, Pokagomin Lake, and Pice Lake, 

11572 as described in the second clause of the second article of the 

11573 treaty with the Chippewas of the twenty-second of February, 

11574 1855, are hereby ceded to the United States, excepting one half 

11575 section of land, including the mission buildings at Gull Lake, 

11576 which is hereby granted in fee simple to the Keverend John 

11577 Johnson, missionary, and one section of land, to be located by 

11578 the Secretary of the Interior on the southeast side of Gull Lake, 

11579 and which is hereby granted in fee simple to the chief Hole- 

11580 in-the-day, and a section to chief Mis-qua-dace, at Sandy Lake, 

11581 in like manner, and one section to chief Shaw-vosh-kung, at 

11582 Mille Lac, in like manner. 

11583 Article 2. In consideration of the foregoing cession, the 

11584 United States agree to set apart, for the future home of the 

11585 Chippewas of the Mississippi, all the lands embraced within the 

11586 following-described boundaries, excepting the reservations made 

11587 and described in the third clause of the second article of the 

11588 said treaty of February 22d, 1855, for the Pillager and Lake 

11589 Winnebagoshish bands ; that is to say, beginning at a point one 

11590 mile south of the most southerly point of Leach Lake, and run. 

11591 ning thence in an easterly course to a point one mile south of 

11592 the most southerly point of Goose Lake ; thence due east to a 

11593 point due south from the intersection of the Pokagomin reser- 

11594 vation and the Mississippi Eiver; thence on the dividing-line 

11595 between Deer Eiver and lakes and Mashkordens Eiver and lakes, 



261 



11596 until a point is reached north of the first-named river and lakes ; 

11597 thence in a direct line north westerly to the outlet of Two Routs 

11598 Lake ; then in a southwesterly direction to Turtle Lake; thence 

11599 southwesterly to the head- water of Rice River ; thence nortli- 

11600 westerly along the line of the Red Lake reservation to the mouth 

11601 of Thief River; thence down the centre of the main channel of 

11602 Red Lake River to a point opposite the mouth of Black River : 

11603 thence southeasterly in a direct line with the outlet of Rice Lake 
11601 to a point due west from the place of beginning; thence to the 

11605 place of beginning. 

11606 Article 3. In consideration of the foregoing cession to the 

11607 United States, and the valuable improvements thereon, the 

11608 United States further agree, first, to extend the present annu- 

11609 ities of the Indians, parties to this treaty, for ten years beyond the 

11610 periods respectively named in existing treaties ; second, and to 

11611 pay towards the settlement of the claims for depredations coin* 

11612 mitted by said Indians in 1862, the sum of twenty thousand 

11613 dollars ; third, to the chiefs of the Chippewas of the Mississippi, 
11611 ten thousand dollars, to be paid upon the ratification of this 

11615 treaty; and five thousand dollars to the chief Hole-in-the-day 

11616 for depredations committed in burning his house and furniture 

11617 iu 1862. 

11618 Article 4, The United States further agree to pay seven 

11619 thousand five hundred ($7,500) dollars for clearing, stumping, 

11620 grubbing, breaking, and planting on the reservation hereby set 

11621 apart for the Chippewas of tbe Mississippi, in lots of not less 

11622 than ten acres each, at such point or points as the Secretary of 

11623 the Interior may select, as follows, viz : For the Gull Lake band, 
11621 seventy (70) acres; for the Mille Lac band, seventy (70) acres; 

11625 for the Sandy Lake band, fifty (50) acres ; for the Pokagomin 

11626 band, fifty (50) acres; for the Rabbit Lake band, forty (40) 
11627- acres ; for the Rice Lake band, twenty (20) acres ; and to expend 

11628 five thousand dollars ($5,000) in building for the chiefs of said 

11629 bands one house each, under the direction of the Secretary of 

11630 the Interior. 

11631 Article 5. The United States agree to furnish to said In^ 

11632 dians, parties to this treaty, ten (10) yoke of good steady work 

11633 oxen, and twenty log-chains annually for ten years, provided the 

11634 Indians shall take proper care of and make proper use of the 

11635 same ; also for the same period, annually, two hundred (200) 

11636 grubbing-hoes, ten (10) ploughs, ten (10) grindstones, one hun- 

11637 dred (100) axes, handled, not to exceed in weight three audone- 

11638 half pounds each, twenty (20) spades, and other farming imple- 

11639 roents, provided it shall not amount to more than fifteen hundred 

11640 dollars in one year ; also two carpenters, and two blacksmiths. 

11641 and four farm-laborers, and one physician. 



262 



11642 Article 6. The United States further agree to pay annu- 

11613 ally one thousand dollars ($1,000) towards the support of a saw- 

11611 mill, to be built for the common use of the Chippewas of the 

11615 Mississippi and the Eed Lake and Pembina bands of Chippewa 

11616 Indians, so long as the President of the United States may 

11617 deem it necessary ; and to expend in building a road, bridges. 
1161S &c.j to their new agency, seven thousand five hundred dollars 
11619 (87,500 :) and to expend for new agency buildings, to be located 

11650 by the Secretary of the Interior, for the common use of the Chip- 

11651 pewas of the Mississippi, Eed Lake, and Pembina, and Pillager 

11652 and Lake Winnebagoshish bands of Chippewa Indians, twenty - 

11653 five thousand dollars ($25,000.) 

11651 Article 7. There shall be a board of visitors, to consist of 

11655 not less than two nor more than five persons, to be selected from 

11656 such Christian denomination or denominations as the chiefs in 

11657 council may designate, whose duty it shall be to be present at all 

11658 annuity payments to the Indians, whether of goods, moneys, 

11659 provisions, or other articles, and to inspect the fields, buildings, 

11660 mills, and other improvements made or to be made, and to report 

11661 annually thereon, on or before the first clay of Xovember : and 

11662 also as to the qualifications and moral deportment of all persons 

11663 residing upon the reservation under the sanction of law or reg- 
11661 ulation, and they shall receive for their services five dollars per 

11665 day for the time actually employed, and ten cents per mile for 

11666 travelling expenses : Provided. That no one shall be paid in any 

11667 one year for more than twenty days' service, or for more than 

11668 three hundred miles' travel. 

11669 Article 8. Xo person shall be recognized as a chief whose 

11670 band numbers less than fifty persons ; and to encourage and aid 

11671 the said chiefs in preserving order, and inducing, by their ex- 

11672 ample and advice, the members of their respective bands to 

11673 adopt the pursuits of civilized life, there shall be paid to each 
11671 of said chiefs annually, out of the annuities of said bands, a sum 

11675 not exceeding one hundred and fifty dollars, ($150.) to be deter- 

11676 mined by their agent according to their respective merits, 

11677 Article 9. To improve the morals and industrial habits of 

11678 said Indians, it is agreed that no agent, teacher, interpreter, 

11679 trader, or other employees shall be employed, appointed, licensed, 

11680 or permitted to reside within the reservations belonging to the 

11681 Indians, parties to this treaty, missionaries excepted, who shall 

11682 not have a family residing with them at their respective places 

11683 of employment or trade within the agency, whose moral habits 
11681 and fitness shall be reported upon annually by the board of 

11685 visitors ; and no person of full or mixed blood, educated or par- 

11686 tially educated, whose fitness, morally or otherwise, is not con- 

11687 ducive to the welfare of said Indians, shall receive any benefit 



26*3 



11G8S from this or any former treaties, and may be expelled from the 

11689 reservation. 

11690 Article 10. All annuities under this or former treaties shall 

11691 be paid as the chiefs in council may request, with the approval 

11692 of the Secretary of the Interior, until otherwise altered or 

11693 amended, which shall be done whenever the board of visitors, 
11691 by therequests of the chiefs, may recommend it : Provided, That 

11695 no change shall take place oftener than once iu two years. 

11696 Article 11. Whenever the services of laborers are required 

11697 upon the reservation, preference shall be given to full or mixed 

11698 bloods, if they shall be found competent to perform them. 

11699 Article 12. It shall not be obligatory upon the Indians, 

11700 parties to this treaty, to remove from their present reservations 

11701 until the United States shall have first complied with the stipu- 

11702 lations of Articles IV and YI of this treaty, when the United 

11703 States shall furnish them with all necessary transportation and 
11701 subsistence to their new homes and subsistence for six months 

11705 thereafter: Provided, That, owing to the heretofore good con- 

11706 duct of the Mille Lac Indians, they shall not be compelled to 

11707 remove so long as they shall not in any way interfere with or in 

11708 any manner molest the persons or property of the whites : Pro- 

11709 vided, That those of the tribe residing on the Sandy Lake re- 

11710 servation shall not be removed until the President shall so 

11711 direct. 

11712 Article 13. Female members of the family of any govern- 

11713 rnent employe [e] residing on the reservation, who shall teach 

11714 Indian girls domestic economy, shall be allowed and paid a sum 

11715 not exceeding ten dollars per month while so engaged : Provided, 

11716 That not more than one thousand dollars shall be so expended 

11717 during any one year, and that the President of the United 

11718 States may suspend or annul this article whenever he may deem 

11719 it expedient to do so. 

11720 Article 14. It is distinctly understood and agreed that the 

11721 clearing and breaking of land for the Chippewas of the Missis- 

11722 sippi, as provided for in the fourth article of this treaty, shall 

11723 be in lieu of all former engagements of the United States as to 

11724 the breaking of lands for those bands, and that this treaty is in 

11725 lieu of the treaty made by the same tribes, approved March 11th , 

11726 1863. 

11727 Proclaimed March 20, 1865. 

11728 Franklin Pierce, President of the United States of America, 

11729 to all and singular to whom these presents shall come, 

11730 greeting: 

11731 Whereas a treaty was made and concluded at the city of 

11732 Washington, on the twenty-second day of February, one thou- 



264 



11733 sand eight hundred and fifty-five, between the United States 

11734 and the Mississippi bands of Chippewa Indians, which treaty is 

11735 in the words following, to wit : 

11736 Articles of agreement and convention made and concluded at 

11737 the city of Washington, this twenty-second day of February, 

11738 one thousand eight hundred and fifty-five, by George W. 

11739 Manypenny, commissioner, on the part of the United States, 
11710 and the following-named chiefs and delegates, representing 

11741 . the Mississippi bands of Chippewa Indians, viz: Pug-o-na 

11742 ke-shick, or Hole-in-the-day ; Que-we-sans-ish, or Bad Boy; 

11743 Wand-e-kaw, or Little Hill; I-awe-showe-we-ke-skig, or 

11744 Crossing Sky; Petud-dunce, or Bat's Liver; Mun-o-min-e- 

11745 kay-shein, or Bice-Maker; Mah-yah-ge-way-we-durg, or the 

11746 Chorister; Kay-gwa-daush, or the Attempter; Caw-caug-e- 

11747 we-goon, or Crow Feather; and Show-baush-king, or He 

11748 that passes under Everything, and the following-named 

11749 chiefs and delegates representing the Pillager and Lake 

11750 Winnibigoshish bands of Chippewa Indians, viz: Aish-ke- 

11751 bng-e-koshe, or Flat Mouth; Be-skeck-kee, or Buffalo; Nay- 

11752 bun-a-caush, or Young Man's Son ; Maug-e-gaw-bow, or Step- 

11753 ping Ahead; Mi-gi-si, or Eagle, and Kaw-be-mub-bee, or 

11754 North Star, they being thereto duly authorized by the said 

11755 bands of Indians respectively. 

11756 Article 1. The Mississippi, Pillager, and Lake Winnibi- 

11757 goshish bands of Chippewa Indians hereby cede, sell, and con- 

11758 vey to the United States all their right, title, and interest in 

11759 and to the lands now owned and claimed by them, in the Terri- 

11760 tory of Minnesota, and included within the following bounda- 

11761 ries, viz: Beginning at a point where the east branch of Snake 

11762 Biver crosses the southern boundary-line of the Chippewa 

11763 country, east of the Mississippi Biver, as established by the 

11764 treaty of July twenty-ninth, one thousand eight hundred and 

11765 thirty-seven; running thence, up the said branch, to its source; 

11766 thence, nearly north in a straight line, to the mouth of East 

11767 Savannah Biver; thence, up the St. Louis Biver, to the mouth 

11768 of East Swan Biver; thence, up said river, to its source; thence, 

11769 in a straight line, to the most westwardly bend of Vermillion 

11770 Biver; thence, northwestwardly, in a straight line, to the first 

11771 and most considerable bend in the Big Fork Biver; thence, down 

11772 said river, to its mouth; thence, down Bainy Lake Biver, to the 

11773 mouth of Black Biver; thence, up that river to its source; 

11774 thence, in a straight line, to the northern extremity of Turtle 

11775 Lake; thence, in a straight line, to the mouth of Wild Bice 

11776 Biver; thence, up Bed Biver of the North, to the mouth of 

11777 Buffalo Biver; thence, in a straight line, to the southwestern 

11778 extremity of Otter-Tail Lake; thence, through said lake, to the 



265 



11779 source of Leaf River; thence, clown said river, to its junction 

11730 with Crow Wing River; thence, down Crow Wing- River, to its 

11781 junction with the Mississippi River; thence to the commence- 

11782 ment on said river of the southern boundary-line of the Chip- 

11783 pewa country, as established by the treaty of July twenty-ninth, 
117S1 one thousand eight hundred and thirty-seven : and thence, along 

11785 said line, to the place of beginning. And the said Indians do 

11786 further fully and entirely relinquish and convey to the United 

11787 States any and all right, title, and interest, of whatsoever nature 

11788 the same may be, which they may now have in and to any otber 

11789 lands in the Territory of Minnesota or elsewhere. 

11790 Aeticle 2, There shall be, and hereby is, reserved aud set 

11791 apart, a sufficient quantity of land for the permaneut homes of 

11792 the said Indians ; the lands so reserved and set apart to be in 

11793 separate tracts, as follows, viz: 

11791 For the Mississippi bands of Chippewa Indiaus : The first 

11795 to embrace the following fractional townships, viz : forty-two 

11796 north, of range twenty-five west; forty-two north, of range twen- 

11797 ty-six west ; and forty-two and forty-three north, of range twen- 

11798 ty-seven west; and, also, the three islands in the southern part 

11799 of Mille Lac. Second, beginning at a point half a mile east of 

11800 Rabbit Lake ; thence south three miles : thence westwardly, in 

11801 a straight line, to a point three miles south of the mouth of Rab- 

11802 bit River; thence north to the month of said river : thence up 

11803 the Mississippi River to a paint directly north of the place of 
11801 beginning ; thence south to the place of beginning. Third, be- 

11805 ginning at a point half a mile southwest from the most south- 

11806 westwardly point of Gull Lake ; thence due south to Crow Wing 

11807 River ; thence down said river, to the Mississippi River ; thence 

11808 up said river to Long Lake Portage ; thence, in a straight line, 

11809 to the head of Gull Lake ; thence in a southwestwardly direc- 

11810 tion, as nearly in a direct line as practicable, but at no point 

11811 thereof at a less distance than half a mile from said lake, to the 

11812 place of beginning. Fourth, the boundaries to be, as nearly as 

11813 practicable, at right angles, and so as to embrace within them 
11811 Pokagomon Lake: but nowhere to approach nearer said lake 

11815 than half a mile therefrom. Fifth, beginning at the mouth i f 

11816 Sandy Lake River : thence south, to a point on an east and 

11817 west line, two miles south of the most southern point of Sandy 

11818 Lake ; thence east, to a point due south from the mouth of West 

11819 Savannah River ; thence north, to the mouth of said river ; 

11820 thence north to a point on an east and west line, one mile north 

11821 of the most northern point of Sandy Lake ; thence west, to Lit- 

11822 tie Rice River ; thence down said river to Sandy Lake River : 

11823 and thence down said river to the place of beginning. Sixth, 
11821 to include all the islands iu Rice Lake, and also half a section 

31 IT 



266 



11825 of laud on said lake, to include the present gardens of the In- 

11826 dians. Seventh, one section of land for Pug-o-na-ke-shick, or 

11827 Hole-in-the-day, to include his house and farm ; and for which 

11828 he shall receive a patent in fee-simple. 

11829 For the Pillager and Lake Winnibigoshish bauds, to be in 

11830 three tracts, to be located and bounded as follows, viz : First, 

11831 beginning at the mouth of Little Boy River; thence up said 

11832 river to Lake Hassler; thence through the center of said lake 

11833 to its western extremity ; thence in a direct line to the most 
11831 southern point of Leech Lake; and thence through said lake, so 

11835 as to include all the islands therein, to the place of beginning. 

11836 Second, beginning at the point where the Mississippi River 

11837 leaves Lake Winnibigoshish ; thence north, to the head of the 

11838 first river ; thence west, by the head of the next river, to the 

11839 head of the third river, emptying into said lake ; thence down 

1 1840 the latter to said lake; and thence in a direct line to the place of 

11811 beginning. Third, beginning at the mouth of Turtle River; 

11812 thence up said river to the first lake ; thence east, four miles ; 

11813 thence southwardly, in a line parallel with Turtle River, to 

11844 Cass Lake; and thence, so as to include all the islands in said 

11845 lake, to the place of beginning ; all of which said tracts shall 

11846 be distinctly designated on the plats of the public surveys. 
11817 And at such time or times as the President may deem it 

11848 advisable for the interests and welfare of said Indians, or 

11849 any of them, he shall cause the said reservation, or such por- 

11850 tion or portions thereof as may be necessary, to be surveyed ; 

11851 and assign to each head of a family, or single person over 

11852 twenty-one years of age, a reasonable quantity of land, in one 

11853 body, not to exceed eighty acres, in any case, for his or their 

11854 separate use ; and he may, at his discretion, as the occupants 

11855 thereof become capable of managing their business and affairs, 

11856 issue patents to them for the tracts so assigned to them, respect- 

11857 ively ; said tracts to be exempt from taxation, levy, sale, or for- 

11858 feiture ; and not to be aliened or leased for a longer period than 

11859 two years, at one time, until otherwise provided by the legisla- 

11860 ture of the State in which they may be situate, with the assent 

11861 of Congress. They shall not be sold, or alienated, in fee, 

11862 for a period of five years after the date of the patents ; and not 

11863 then without the assent of the President of the United States 
11861 being first obtained. Prior to the issue of the patents, the 

11865 President shall make such rules and regulations as he may 

11866 deem necessary and expedient respecting the disposition of any 

11867 of said tracts in case of the death of the person or persons to 

11868 whom they may be assigned, so that the same shall be secured 
118C9 to the families of such deceased persons ; and should any of 
11870 the Indians to whom tracts may be assigned thereafter abandon 



267 



11871 them, the President may make sucb rules and regulations, in 

11872 relation to such abandoned tracts, as in his judgment may be 

11873 necessary and proper. 

11871 Article 3. Iu consideration of, and in full compensation 

11875 for, the cessions made by the said Mississippi, Pillager, and Lake 

11876 Winnibigoshish bauds of Chippewa Indians, in the first article 

11877 of this agreement, the United States hereby agree and stipul ite 

11878 to pay, expend, and make provision for, the said bands of Indi- 

11879 ans, as follows, viz : For the Mississippi bands : 

11880 Ten thousand dollars ($10,000) in goods, and other useful 

11881 articles, as soon as practicable after the ratification of this in- 

11882 strument, and after an appropriation shall be made by Congress 
11833 therefor, to be turned over to the delegates and chiefs for dis- 
11881 tribution among their people. 

11885 Fifty thousand dollars (650,000) to enable them to adjust 

11886 and settle their present engagements, so far as the same, on an 

11887 examination thereof, may be found and decided to be valid and 

11888 just by the chiefs, subject to the approval of the Secretary 

11889 of the Interior ; and auy balance remaining of said sum not re- 

11890 quired for the above-mentioned purpose shall be paid over to 

11891 said Indians in the same manner as their annuity money, and iu 

11892 such instalments as the said Secretary may determine : Provided, 

11893 That an amount not exceeding ten thousand dollars (810,000) of 
11891 the above sum shall be paid to such full and mixed bloods as 

11895 the chiefs may direct, for services rendered heretofore to their 

11896 bands. 

11897 Twenty thousand dollars (620,000) per annum, in money, for 

11898 twenty years, provided that two thousand dollars (82,000) per 

11899 annum of that sum shall be paid or expended, as the chiefs 

11900 may request, for purposes of utility connected with the improve- 

11901 ment and welfare of said Indians, subject to the approval of the 

11902 Secretary of the Interior. 

11903 Five thousand dollars (85,000) for the construction of a 
11901 road from the mouth of Rum River to Mille Lac, to be expended 

11905 under the direction of the Commissioner of Indian Affairs. 

11906 A reasonable quantity of land, to be determined by the 

11907 Commissioner of Indian Affairs, to be ploughed and prepared for 

11908 cultivation in suitable fields, at each of the reservations of the 

11909 said bands, not exceeding in the aggregate three hundred aero 

11910 for all the reservations, the Indians to make the rails and inclose 

11911 the fields themselves. 

11912 For the Pillager and Lake Winnibigoshish bands: 

11913 Ten thousand dollars (610,000) in goods, and other useful 
11911 articles, as soon as practicable, after the ratification of this 
11915 agreement, and an appropriation shall be made by Congress 



268 



11916 therefor ; to be turned over to the chiefs and delegates for distri- 

11917 bution among their people. 

11918 Forty thousand dollars($10,000) to enable them to adjust and 

11919 settle their present engagements, so far as the same, on an ex- 

11920 amiuation thereof, may be found and decided to be valid and 

11921 just by the chiefs, subject to the approval of the Secretary of 

11922 the Interior; and any balance remaining of said sum, not re- 

11923 quired for that purpose, shall be paid over to said Indians, in 
11921 the same manner as their annuity money, and in such instal- 

11925 ments as the said Secretary may determine; provided that an 

11926 amount, not exceeding ten thousand dollars (110,000) of the 

11927 above sum, shall be paid to such mixed-bloods as the chiefs may 

11928 direct, for services heretofore rendered to their bands. 

11929 Ten thousand six hundred and sixty-six dollars and sixty- 

11930 six cents (810,666.66) per annum, in money, for thirty years. 

11931 Eight thousand dollars ($8,000) per annum, for thirty years, 

11932 in such goods as may be requested by the chiefs, and as may be 

11933 suitable for the Indians, according to their condition and cir* 
11931 cumstances. 

11935 Four thousand dollars ($1,000) per annum, for thirty years, 

11936 to be paid or expended, as the chiefs may request, for purposes 

11937 of utility connected with the improvement and welfare of said 

11938 Indians; subject to the approval of the Secretary of the In- 

11939 terior : Provided, That an amount not exceeding two thousand 

11910 dollars thereof shall, for a limited number of years, be expended 

11911 under the direction of the Commissioner of Indian Affairs, for 

11912 provisions, seeds, and such other articles or things as may be 

11913 useful in agricultural pursuits. 

11911 Such sum as can be usefully and beneficially applied by the 

11915 United States, annualty, for twenty years, and not to exceed 

11916 three thousand dollars in any one year, for purposes of educa- 

11917 tion ; to be expended under the direction of the Secretary of the 

11918 Interior. 

11919 Three hundred dollars' ($300) worth of powder, per annum, 

11950 for five years. 

11951 , One hundred dollars' ($100) worth shot and lead, per an- 

11952 num, for five years. 

11953 One hundred dollars' ($100) worth of gilling twine, per an- 
11951 num, for five years. 

11955 One hundred dollars' ($100) worth of tobacco, per annum, 

11956 for five years. 

11957 Hire of three laborers at Leech Lake, of two at Lake Win- 

11958 nibigoshish, and of one at Cass Lake, for five years. 

11959 Expense of two blacksmiths, with the necessary shop, iron, 

11960 steel, and tools, for fifteen years. 



200 



11961 Two buudred dollars (#200) in grubbing-hoes and tools, tbe 

11962 present year, 

11963 Fifteen thousand dollars ($15,000) for opening a road from 
11961 Crow Wing to Leech Lake ; to be expended under the direction 
11963 of the Commissioner of Indian Affairs. 

11966 To have ploughed and prepared for cultivation two ban- 

11967 dred acres of land, in ten or more lots, within the reservation at 
11963 Leech Lake ; fifty acres, in four or more lots, within the reserva- 

11969 tion at Lake Winnibigoshish « and twenty-five acres, in two or 

11970 more lots, within the reservation at Cass Lake : Prodded, That 

11971 the Indians shall make the rails and inclose the lots them- 

11972 selves. 

11973 A saw-mill, with a portable grist-mill attached thereto, to 
11971 be established whenever the same shall be deemed necessary and 

11975 advisable by the Commissioner of Indian Affairs, at such point 

11976 as he shall think best : and which, together with the expense of 

11977 a proper person to take charge of and operate them, shall be 
11973 continued during ten years: Provided, That the cost of all the 
11979 requisite repairs of the said mills shall be paid by the Indians, 

11930 out of their own funds. 

119S1 Aeticle A. The Mississippi bands have expressed a desire 

11982 to be permitted to employ their own farmers, mechanics, and 

11933 teachers ; aud it is therefore agreed that the amounts to which 

11931 they are now entitled, under former treaties, for purposes of 
11933 education, for blacksmiths and assistants, shops, tools, iron, and 
11936 steel, and for the employment of farmers aud carpenters, shall 
11987 be paid over to them as their annuities are paid: Provided, 

11938 however, That whenever, in the opinion of the Commissioner 

11939 of Indian Affairs, they fail to make proper provision for the 

11990 above-named purposes, he may retain said amounts, and appro- 

11991 priate them according to his discretion, for their education and 

11992 improvement, 

11993 Article 3. The foregoing annuities, in money and goods. 
11991 shall be paid and distributed as follows : Those dne the Missis- 

11995 sippi bands, at one of their reservations : and those due the Pilla - 

11996 ger and Lake TVinnibigoshish bands, at Leech Lake: and no 

11997 part of the said annuities shall ever be taken or applied in any 
11993 manner to or for the payment of the debts or obligations of In- 

11999 diaus contracted in their private dealings, as individuals, whether 

12000 to traders or other persons. And should any of said Indians 

12001 become intemperate or abandoned and waste their property, the 

12002 President may withhold any moneys or goods, due and payable 

12003 to such, and cause the same to be expended, applied, or distri- 
12001 bated, so as to insure the benefit thereof to their families. If. 

12005 at any time, before the said annuities iu mouey and goods of 

12006 either of the Indian parties to this convention shall expire, the 



270 



12007 interests and welfare of said Indians shall, in the opinion of the 

12008 President, require a different arrangement, he shall have the 

12009 power to cause the said annuities, instead of being paid over and 

12010 distributed to the Indians, to be expended or applied to such 

12011 purposes or object as may be best calculated to promote their 

12012 improvement and civilization. 

12013 Article 6. The missionaries and such other persons as are 
12011 now. by authority of law, residing in the country ceded by the 

12015 first article of this agreement, shall each have the privilege of 

12016 entering one hundred and sixty acres of the said ceded lands, 

12017 at one dollar and twenty-five cents per acre ; said entries not to 

12018 be made so as to interfere, in any manner, with the laying off 

12019 of the several reservations herein provided for. 

12020 And such of the mixed bloods as are heads of families, and 

12021 now have actual residences and improvements in the ceded coun- 

12022 try, shall have granted to them, in fee, eighty acres of land, to 

12023 include their respective improvements. 

12021 Article 7. The laws which have been or may be enacted 

12025 by Congress, regulating trade and intercourse with the Indian 

12026 tribes, to continue and be in force within the several reserva- 

12027 tions provided for herein ; and those portions of said laws which 

12028 prohibit the introduction, manufacture, use of, and traffic in, 

12029 ardent spirits, wines, or other liquors, in the Indian country, 

12030 shall continue and be in force, within the entire boundaries of 

12031 the country herein ceded to the United States, until otherwise 

12032 provided by Congress. 

12033 Article 8. All roads and highways, authorized by law, 
12031 the lines of which shall be laid through any of the reservations 

12035 provided for in this convention, shall have the right of way 

12036 through the same ; the fair and just value of such right being 

12037 paid to the Indians therefor, to be assessed and determined ac- 

12038 cording to the laws in force for the appropriation of lands for 

12039 such purposes. 

12010 Article 9. The said bands of Indians, jointly and sever- 

12011 ally, obligate and bind themselves not to commit any depreda- 
120L2 tions or wrong upon other Indians, or upon citizens of the United 
12013 States ; to conduct themselves at all times in a peaceable and 
12011 orderly manner; to submit all difficulties between them and 

12015 other Indians to the President, and to abide by his decision in 

12016 regard to the same, and to respect and observe the laws of tlie 

12017 United States, so far as the same are to them applicable. And 

12018 they also stipulate that they will settle down in the peaceful 

12019 pursuits of life, commence the cultivation of the soil, and appro- 

12050 priate their means to the erection of houses, opening farms, the 

12051 education of their children, and such other objects of improve- 

12052 ment and convenience as are incident to well-regulated society ; 



271 



12053 and that they will abstain from the use of intoxicating drinks 

12054 and other vices to which they have been addicted. 

12055 Article 10. This instrument shall be obligatory on the 

12056 contracting parties as soon as the same shall be ratified by the 

12057 President and the Senate of the United States. 

12058 Proclaimed 7th April, 1855. 



12059 CHIPPEWAS OP THE MISSISSIPPI. 

12060 Treaty between the United States of America and the Chippewa 

12061 Indians of the Mississippi, concluded March 19, 1867 j ratifi- 

12062 cation advised, with amendment, April 8, 1867; amendment 

12063 accepted April 8, 1867. 

12064 Andrew Johnson, President of the United States of America, 

12065 to all and singular to whom these presents shall come, 

12066 greeting : 

12067 Whereas a treaty was made and concluded at the city of 

12068 Washington, in the District of Columbia, on the nineteenth day 

12069 of March, in the year of our Lord one thousand eight hundred 

12070 and sixty-seven, by and between Lewis V. Bogy, William H. 

12071 Watson, and Joel B. Basse tt, commissioners on the part of the 

12072 United States, and Que-we zance, or Hole-in-the-Day, Qui-we- 

12073 shen-shish, and other chiefs and head-men of the Chippewa In- 

12074 dians of the Mississippi, on the part of said Indians, and duly 

12075 authorized thereto by them, which treaty is in the words and 

12076 figures following, to wit : 

12077 Articles of agreement made and concluded at Washington, 13. 

12078 C, this 19th day of March, A. D. 1867, between the United 

12079 States, represented by Lewis V. Bogy, special commissioner 

12080 thereto appointed, William H. Watson, and Joel B. Bassett, 

12081 United States agent, and the Chippewas of the Mississippi, 

12082 represented by Que-we zance, or Hole-in-the-Day, Qui-we- 

12083 shen-shish, Wau-bon-a-quot, Min-e-do-wob, Mijaw-ke-ke- 

12084 shik, Shob-osk-kunk, Ka-gway-dosh, Me-no-ke-skick, Way- 

12085 namee, and O-gub-ay-gwan-ay-aush. 

12086 Whereas by a certain treaty ratified March 20, 1865, bet ween 

12087 the parties aforesaid, a certain tract of land was, by the second 

12088 article thereof, reserved and set apart for a home for the said 

12089 bands of Indians, and by other articles thereof provisions were 

12090 made for certain moneys to be expended for agricultural im- 

12091 provements for the benefit of said bands j and whereas it has 

12092 been found that the said reservation is not adapted for agricul- 

12093 tural purposes for the use of such of the Indians as desire to devote 



272 



12094 themselves to suck pursuits, while a portion of the bands de- 

12095 sire to remain and occupy a part of the aforementioned reserva- 

12096 tion, and to sell the remainder thereof to the United States : 

12097 Now, therefore, it is agreed— 

1209S Article 1. The Chippewas of the Mississippi hereby cede 

12099 to the United States all their lands in the State of Minnesota, se- 

12100 cured to them by the second article of their treaty of March 20, 

12101 1865, excepting and reserving therefrom the tract bounded and 

12102 described as follows, to wit : Commencing at a point on the Mis- 

12103 sissippi River, opposite the mouth of Wanoman River, as laid 
12101 down on SewalPs map of Minnesota ; thence due north to a point 

12105 two miles further north than the most northerly point of Lake 

12106 Winnebagoshish ; thence due west to a point two miles west of 

12107 the most westerly point of Cass Lake j thence south to Kabekona 

12108 River ; thence down said river to Leech Lake ; thence along the 

1 2109 north shore of Leech Lake to its outlet in Leech Lake River ; 

12110 thence down the main channel of said river to its junction with the 

12111 Mississippi River, and thence down the Mississippi to the place 

12112 of beginning. 

12113 And there is further reserved for the said Chippewas out of 

12114 the land now owned by them such portion of their western outlet 

12115 as may upon location and survey be found within the reservation 

12116 provided for in the next succeeding section. 

12117 Article 2. In order to provide a suitable farming region 

12118 for the said bands, there is hereby set apart for their use a tract 

12119 of land, to be located in a square form as nearly as possible, with 

12120 lines corresponding to the Government surveys ; which reserva* 

12121 tion shall include White Earth Lake and Rice Lake, and contain 

12122 thirty^six townships of land j and such portions of the tract 

12123 herein provided for as shall be found upon actual survey to lie 
12121 outside of the reservation set apart for the Chippewas of the 
12125 Mississippi by the second article of the treaty of March 20, 1865, 
12120 shall be received by them in part consideration for the cession 

12127 of lands made by this agreement. 

12128 Article 3. In further consideration for the lands herein 

12129 ceded, estimated to contain about two million of acres, the 

12130 United States agree to pay the following sums, to wit : Five 

12131 thousand dollars for the erection of school buildings upon the 

12132 reservation provided for in the second article 5 four thousand 

12133 dollars each year for ten years, and as long as the President 
12131 may deem necessary after the ratification of this treaty, for the 

12135 support of a school or schools upon said reservation ; ten thou- 

12136 sand dollars for the erection of a saw-mill, with grist-mill at- 

12137 tached, on said reservation ; five thousand dollars to be expended 

12138 in assisting in the erection of houses for such of the Indians as 

12139 shall remove to said reservation* 



273 



12140 Five thousand dollars to be expended, with the advice of 

12141 the chiefs, in the purchase of cattle, horses, and farming uten- 

12142 sils, and in making such improvements as are necessary for open- 

12143 ing farms upon, said reservation. 

12144 Six thousand dollars each year for ten years, and as long 

12145 thereafter as the President may deem proper, to be expended in 

12146 promoting the progress of the people in agriculture, and assist- 

12147 ing them to become self-sustaining by giving aid to those who 

12148 will labor. 

12149 Twelve hundred dollars each year for ten years for the sup- 

12150 port of a physician, and three hundred each year for ten years 

12151 for necessary medicines. 

12152 Ten thousand dollars to pay for provisions, clothing, or such 

12153 other articles as the President may determine, to be paid to 

12154 them immediately on their removal to their new reservation. 

12155 Article 4. No part of the annuities provided for in this or 

12156 any former treaty with the Chippewas of the Mississippi bands 

12157 shall be paid to any half-breed, or mixed-blood, except those 

12158 who actually live with their people, upon one of the reserva- 

12159 tions belonging to the Chippewa Indians. 

12160 Article 5. It is further agreed that the annuity of $1,000 

12161 a year which shall hereafter become due under the provisions of 

12162 the third article of the treaty with the Chippewas of the 3Iis- 

12163 sissippi bands, of August 2, 1847, shall be paid to the chief, 

12164 IIole-in-the-Day, and to his heirs $ and there shall be set apart, 

12165 by selections to be made in their behalf and reported to the In- 

12166 terior Department by the agent, one half section of land each, 

12167 upon the Gulf Lake reservation, for Min-a-ge-shig and Truman 

12168 A. Warren, who shall be entitled to patents for the same upon 

12169 such selections being reported to the Department. 

12170 Article 6. Upon the ratification of this treaty, the Secre- 

12171 tary of the Interior shall designate one or more persons who 

12172 shall, in connection with the agent for the Chippewas in Minne- 

12173 sota, and such of their chiefs, parties to this agreement, as he 

12174 may deem sufficient, proceed to locate, as near as may be, the 

12175 reservation set apart by the second article hereof, and designate 

12176 the places where improvements shall be made ; and such portion 

12177 of the improvements provided for in the fourth article of the 

12178 Chippewa treaty of May 7, 1864, as the agent may deem neces- 

12179 sary and proper, with the approval of the Commissioner of In- 

12180 dian Affairs, may be made upon the new reservation, and the 

12181 United States will pay the expenses of negotiating this treaty, 

12182 not to exceed ten thousand dollars. 

12183 Article 7. As soon as the location of the reservation set 

12184 apart by the second article hereof shall have been approxi- 

12185 mately ascertained, and reported to the office of Indian Affairs, 

35 I T 



274 



12186 the Secretary of the Interior shall cause the same to be sur- 

12187 veyed in conformity to the system of Government surveys, and 

12188 whenever, after such survey, any Indian, of the bands parties 

12189 hereto, either male or female, shall have ten acres of laud under 

12190 cultivation, such Indian shall be entitled to receive a certificate, 

12191 showing him to be entitled to the forty acres of land, according 

12192 to legal subdivision, containing the said ten acres or the greater 

12193 part thereof, and whenever such Indian shall have an additional 

12194 ten acres under cultivation, he or she shall be entitled to a cer- 

12195 tificate for additional forty acres, and so on, until the full 

12196 amount of one hundred and sixty acres may have been certified 

12197 to any one Indian ; and the land so held by any Indian shall be 

12198 exempt from taxation and sale for debt, and shall not be alien- 

12199 ated except with the approval of the Secretary of the Interior, 

12200 and in no case to any person not a member of the Chippewa 

12201 tribe. 

12202 Article 8. For the purpose of protecting and encourag- 

12203 ing the Indians, parties to this treaty, in their efforts to become 

12204 self-sustaining by means of agriculture, and the adoption of the 

12205 habits of civilized life, it is hereby agreed that, in case of the 

12206 commission by any of the said Indians of crimes against life or 

12207 property, the person charged with such crimes maybe arrested, 

12208 upon the demand of the agent, by the sheriff of the county of 

12209 Minnesota in which said reservation may be located, and when 

12210 so arrested maybe tried, and if convicted, punished in the same 

12211 manner as if he were not a member of an Indian tribe. 

12212 Proclaimed April 18, 1867. 



12213 CIIOCTAWS AND CHICKASAWS. 

12214 Franklin Pierce, President of the United States of America, 

12215 to all and singular to whom these presents shall come, 

12216 greeting : 

12217 Whereas a treaty was made and concluded at the city of 

12218 Washington on the twenty-second day of June, one thousand 

12219 eight hundred and fifty-five, by George W. Manypenny, com- 

12220 missioner on the part of the United States, Peter P. Pitchlynn, 

12221 Israel Folsom, Samuel Garland, and Dixon W. Lewis, commis- 

12222 sioners on the part of the Ohoctaws, and Edmund Pickens and 

12223 Sampson Folsom, commissioners on the part of the Ohickasaws, 

12224 which treaty is in the words following, to wit : 

12225 Articles of agreement and convention between the United 

12226 States and the Choctaw and Chickasaw tribes of Indians, 

12227 made and concluded at the city of Washington the twenty. 

12228 second day of June, A. D. one thousand eight hundred and 



275 



12229 fifty-five, by George W. Many penny, commissioner on the 

12230 part of the United States, Peter P. Pitchlynn, Israel Fol- 

12231 som, Samuel Garland, and Dixon W. Lewis, commissioners 

12232 on the part of the Choctaws, and Edmund Pickens and 

12233 Sampson Folsoin, commissioners on the part of the Chicka- 

12234 saws : 

12235 Whereas the political connexion heretofore existing be- 

12236 tween the Choctaw and the Chickasaw tribes of Indians has 

12237 given rise to unhappy and injurious dissensions and controver- 

12238 sies among them, which render necessary a re-adjustment of 

12239 their relations to each other and to the United States; and 

12240 Whereas the United States desire that the Choctaw Indians 

12241 shall relinquish all claim to any territory west of the one hun- 

12242 dredth degree of west longitude, and also to make provision for 

12243 the permanent settlement within the Choctaw country of the 

12244 Wichita and certain other tribes or bands of Indians, for which 

12245 purpose the Choctaws and Chickasaws are willing to lease, on 

12246 reasonable terms, to the United States, that portion of their 

12247 common territory which is west of the ninety-eighth degree of 

12248 west longitude ; and 

12249 Whereas the Choctaws contend that, by a just and fair 

12250 construction of the treaty of September 27, 1830, they are, 

12251 of right, entitled to the net proceeds of the lands ceded by 

12252 them to the United States, under said treaty, and have pro- 

12253 posed that the question of their right to the same, together 

12254 with the whole subject-matter of their unsettled claims, whether 

12255 national or individual, against the United States, arising under 

12256 the various provisions of said treaty, shall be referred to the 

12257 Senate of the United States for final adjudication and adjust- 

12258 ment; and whereas it is necessary for the simplification and 

12259 better understanding of the relations between the United States 

12260 and the Choctaw Indians, that all their subsisting treaty stipu- 

12261 lations be embodied in one comprehensive instrument : 

12262 Now, therefore, the United States of America, by their 

12263 commissioner, George W. Manypenny, the Choctaws, by their 

12264 commissioners, Peter P. Pitchlynn, Israel Folsom, Samuel Gar- 

12265 land, and Dickson W. Lewis, and the Chickasaws, by their com 

12266 missioners, Edmund Pickens and Sampson Folsom, do hereby 

12267 agree and stipulate as follows, viz : 

12268 Article 1. The following shall constitute and remain the 

12269 boundaries of the Choctaw and Chickasaw country, viz : Begin 

12270 ningat a point on the Arkansas Eiver, one hundred paces east 

12271 of old Fort Smith, where the western boundary -line of the State 

12272 of Arkansas crosses the said river, and running thence due 

12273 south to Ked Eiver ; thence up Eed Elver to the point where the 

12274 meridian of one hundred degrees west longitude crosses the 



276 



12275 same j tbence north along said meridian to the main Canadian 

12276 River ; thence down said river to its junction with the Arkansas 

12277 River ; thence down said river to the place of beginning. 

12278 And pursuant to an act of Congress approved May 28, 1830, 

12279 the United States do hereby forever secure'and guarantee the 

12280 lands embraced within the said limits to the members of the 

12281 Choctaw and Chickasaw tribes, their heirs and successors, to be 

12282 held in common ; so that each and every member of either tribe 

12283 shall have an equal, undivided interest in the whole : Provided, 

12284 hoivever, No part thereof shall ever be sold without the consent 

12285 of both tribes, and that said land shall revert to the United 

12286 States if said Indians and their heirs become extinct or aban- 

12287 don the same. 

12268 Article 2. A district for the Chickasaws is hereby estab* 

12289 lished, bounded as follows, to wit : Beginning on the north bank 

12290 of Red River, at the mouth of Island Bayou, where it empties 

12291 into Red River, about twenty-six miles in a straight line below 

12292 the mouth of False Wachitta ; thence running a northwesterly 

12293 course, along the main channel of said bayou, to the junction of 

12294 the three prongs of said bayou, nearest the dividing ridge be- 

12295 tween Wachitta and Low Blue Rivers, as laid down on Capt. 

12296 R. L. Hunter's map ; thence northerly along the eastern prong 

12297 of Island Bayou to its source j thence due north to the Canadian 

12298 River ; thence west along the main Canadian to the ninety-eighth 

12299 degree of west longitude; thence south to Red River; and 

12300 thence down Red River to the beginning : Provided, however, 

1 2301 If the line running due north from the eastern source of Island 

12302 Bayou to the main Canadian shall not include Allen's or Wa- 

12303 pa-nacka Academy within the Chickasaw District, then an off- 

12304 set shall be made from said line, so as to leave said academy 

12305 two miles within the Chickasaw district, north, west, and south 

12306 from the lines of boundary. 

12307 Article 3. The remainder of the country held in common by 

12308 the Choctaws and Chickasaws shall constitute the Choctaw dis* 

12309 trict, and their officers and people shall at all times have the 

12310 right of safe conduct and free passage through the Chickasaw 
1231*1 district, 

12312 Article 4. The government and laws now in operation and 

12313 not incompatible with this instrument shall be and remain in 

12314 full force and effect within the limits of the Chickasaw district, 

12315 until the Chickasaws shall adopt a constitution, and enact laws, 

12316 superseding, abrogating, or changing the same. And all judi= 

12317 cial proceedings within said district, commenced prior to the 

12318 adoption of a constitution and laws by the Chickasaws, shall be 

12319 conducted and determined according to existing laws. 

12320 Article 5. The members of either the Choctaw or the 



277 



12321 Chickasaw tribe shall have the right, freely, to settle within the 

12322 jurisdiction of the other, and shall thereupon be entitled to all 

12323 the rights, privileges, and immunities of citizens thereof 5 but 
12321: no member or either tribe shall be entitled to participate in 

12325 the funds belonging to the other tribe. Citizens of both tribes 

12326 shall have the right to institute and prosecute suits in the courts 

12327 of either, under such regulations as may, from time to time, be 

12328 prescribed by their respective legislatures. 

12329 Article 6. Any person duly charged with a criminal offence 

12330 against the laws of either the Choctaw or the Chickasaw tribe, 

12331 and escaping into the jurisdiction of the other, shall be promptly 

12332 surrendered, upon the demand of the proper authorities of the 

12333 tribe within whose jurisdiction the offence shall be alleged to 

12334 have been committed. 

12335 Article 7. So far as may be compatible with the Constitu- 

12336 tion of the United States and the laws made in pursuance there- 

12337 of, regulating trade and intercourse with the Indian tribes, the 

12338 Choctaws and Chiakasaws shall be secured in the unrestricted 

12339 right of self-government, and full jurisdiction over persons and 

12310 property within their respective limits; excepting, however, all 

12311 persons, with their property, who are not by birth, adoption, or 
12342 otherwise citizens or members of either the Choctaw or Chicka- 

12313 saw tribe; and all persons, not being citizens or members of 

12314 either tribe, found within their limits, shall be considered in- 

12315 traders, and be removed from and kept out of the same by the 

12316 United States agent, assisted if necessary by the military, with 

12317 the following exceptions, viz: Such individuals as are now, or 
12348 may be in the employment of the Government, and their fami- 
12319 lies ; those peacefully travelling, or temporarily sojourning in 

12350 the country or trading therein, under license from the proper 

12351 authority of the United States, and such as may be permitted 

12352 by the Choctaws or Chickasaws, with the assent of the United 

12353 States agent, to reside within their limits, without becoming 

12354 citizens or members of either of said tribes. 

12355 Article 8, In consideration of the foregoing stipulations, 

12356 and immediately upon the ratification of this convention, there 

12357 shall be paid to the Choctaws, in such manner as the;r national 

12358 council shall direct, out of the national fund of the Chickasaws 

12359 held in trust by the United States, the sum of one hundred and 

12360 fifty thousand dollars. 

12361 Article 9. The Choctaw Indians do hereby absolutely and 

12362 forever quit claim and relinquish to the United States all their 

12363 right, title, and interest in and to any and all lands west of the 

12364 one hundredth degree of west longitude ; aud the Choctaws aud 

12365 Chickasaws do hereby lease to the United States all that por- 

12366 tion of their common territory west of the ninety -eighth degree 



278 



12367 of west longitude, for the permanent settlement of the Wichita 

12368 and such other tribes or bands of Indians as the Government 

12369 may desire to locate therein; excluding, however, all the In- 

12370 dians of New Mexico, and also those whose usual ranges at 

12371 present are north of the Arkansas Eiver, and whose permanent 

12372 locations are north of the Canadian Eiver, but including those 

12373 bands whose permanent ranges are south of the Canadian, or 
12371 between it and the Arkansas ; which Indians shall be subject to 

12375 the exclusive control of the United States, under such rules and 

12376 regulations, not inconsistent with the rights and interests of 

12377 the Choctaws and Chickasaws, as may from time to time be 

12378 prescribed by the President for their government: Provided, 

12379 however, The territory so leased shall remain open to settlement 

12380 by Choctaws and Chickasaws as heretofore. 

12381 Article 10. In consideration of the foregoing relinquish- 

12382 ment and lease, and as soon as practicable after the ratification 

12383 of this convention, the United States will pay to the Choctaws 

12384 the sum of six hundred thousand dollars, and to the Chicka- 

12385 saws the sum of two hundred thousand dollars, in such manner 

12386 as their general councils shall respectively direct. 

12387 Article 11. The Government of the United States not 

12388 being prepared to assent to the claim set up under the treaty of 

12389 September the twenty-seventh, eighteen hundred and thirty, 

12390 and so earnestly contended for by the Choctaws as a rule of 

12391 settlement, but justly appreciating the sacrifices, faithful ser- 

12392 vices, and general good conduct of the Choctaw people, and 

12393 being desirous that their rights and claims against the United 
12391 States shall receive a just, fair, and liberal consideration, it is 

12395 therefore stipulated that the following questions be submitted 

12396 for adjudication to the Senate of the United States : 

12397 First. Whether the Choctaws are entitled to, or shall be 

12398 allowed, the proceeds of the sale of the lands ceded by them to 

12399 the United States by the treaty of September the twenty-sev= 
12100 enth, eighteen hundred and thirty, deducting therefrom the cost 

12401 of their survey and sale, and all just and proper expenditures 

12402 and payments under the provisions of said treaty ; and if so, 

12403 what price per acre shall be allowed to the Choctaws for the 

12404 lands remaining unsold, in order that a final settlement with 

12405 them may be promptly effected. Or, 

12406 Second. Whether the Choctaws shall be allowed a gross 

12407 sum in further and full satisfaction of all their claims, national 

12408 and individual, against the United States ; and, if so, how much. 

12409 Article 12. In case the Senate shall award to the Choc- 

12410 taws the net proceeds of the lands, ceded as aforesaid, the same 

12411 shall be received by them in full satisfaction of all their claims 

12412 against the United States, whether national or individual, aris- 



279 



12413 ing under any former treaty ; and the Choctaws shall there- 

12414 upon become liable and bound to pay all such individual claims 

12415 as may be adjudged by the proper authorities of the tribe to be 

12416 equitable and just, the settlement and payment to be made 

12417 with the advice and under the direction of the United States 

12418 agent for the tribe ; and so much of the fund, awarded by the 

12419 Senate to the Choctaws, as the proper authorities thereof shall 

12420 ascertain and determine to be necessary for the payment of the 

12421 just liabilities of the tribe, shall, on their requisition, be paid 

12422 over to them by the United States. But should the Senate 

12423 allow a gross sum, in further and full satisfaction of all their 

12424 claims, whether national or individual, against the United 

12425 States, the same shall be accepted by the Choctaws, and they 

12426 shall thereupon become liable for, and bound to pay, all the in- 

12427 dividual claims as aforesaid ; it being expressly understood that 

12428 the adjudication and decision of the Senate shall be final. 

12429 Article 13. The amounts secured by existing treaty stipu- 

12430 lations— viz: permanent annuity of three thousand dollars, un- 

12431 der the second article of the treaty of eighteen hundred and 

12432 five; six hundred dollars per annum for the support of light- 

12433 horse men under the thirteenth article of the treaty of eighteen 

12434 hundred and twenty ; permanent annuity of six thousand dol- 

12435 lars for education, under the second article of the treaty of 

12436 eighteen hundred and twenty-five; six hundred dollars per 

12437 annum permanent provision for the support of a blacksmith, 

12438 under the sixth article of the treaty of eighteen hundred and 

12439 twenty; and three hundred and twenty dollars permanent pro- 

12440 vision for iron and steel, under the ninth article of the treaty of 

12441 eighteen hundred and twenty-five — shall continue to be paid to, 

12442 or expended for the benefit of, the Choctaws as heretofore ; or 

12443 the same may be applied to such objects of general utility as 

12444 may, from time to time, be designated by the general council of 

12445 the tribe, with the approbation of the Government of the United 

12446 States. And the funds now held in trust by the United States 

12447 for the benefit of the Choctaws under former treaties, or other- 

12448 wise, shall continue to be so held ; together with the sum of 

12449 five hundred thousand dollars out of the amount payable to 

12450 them under articles eighth and tenth of this agreement, and 

12451 also whatever balance shall remain, if any, of the amount that 

12452 shall be allowed the Choctaws, by the Senate, under the twelfth 

12453 article hereof, after satisfying the just liabilities of the tribe. 

12454 The sums so to be held in trust shall constitute a general Choc- 

12455 taw fund, yielding an annual interest of not less than five per 

12456 centum; no part of which shall be paid out as annuity, but 

12457 shall be regularly and judiciously applied, under the direction 

12458 of the general council of the Choctaws, to the support of their 

12459 government, for purposes of education, and such other objects 



28.0 



12460 as may be best calculated ro promote and advance the improve- 

12161 inent, welfare, and happiness of the Choctaw people and their 

12462 descendants. 

12163 Aeticle 14. The United States shall protect the Choctaws 

12464 and Chickasaws from domestic strife, from hostile invasion, and 

12165 from aggression by other Indians and white persons not subject 

12166 to their jurisdiction and laws : and for all iujuries resultiugfrom 

12167 such invasion or aggression, full indemnity is hereby guaranteed 
1216S to the pjarty or parties injured, out of the Treasury of the United 

12169 States, upon the same principle and according to the same rules 

12170 upon which white persons are entitled to indemnity for injuries 
121*71 or aggressions upon them, committed by Indians. 

12172 Aeticle 15. The Choctaws and Chickasaws shall promptly 

12173 apprehend and deliver up all persons accused of any crime or 

12171 offence against the laws of the United States, or of any State 

12175 thereof, who maybe found within their limits, on demand of auy 

12176 proper officer of a State, or of the United States. 

12177 Aeticle 16. All persons licensedby the United States to trade 
1217S with the Choctaws or Ckichasaws shall be required to pay to the 
12179 respective tribes a moderate annual compensation for the land 
12480 and timber used by them : the amount of such compensation, in 

12151 each case, to be assessed by the proper authorities of said tribe. 

12152 subject to the approval of the United States agent. 

12183 Article 17. The United States shall have the right to es- 
121S1 tablish and maintain such military posts, post-roads, and Indian 
12485 agencies as may be deemed necessary within the Choctaw and 
12186 Chickasaw country, but no greater quantity of land or timber 
121S7 shall be used for said purposes than shall be actually requisite : 
12488 and if. in the establishment or maintenance of such posts, post- 
12159 roads, and agencies, the property of any Choctaw or Chicka- 
lL'190 saw shall be taken, injured, or destroyed, just and adequate 

12191 compensation shall be made by the United States. Only such 

12192 persons as are. or may be in the employment of the United 

12193 States, or subject to the jurisdiction and laws of the Choctaws. 
12191 or Chickasaws, shall be permitted to farm or raise stock within 

12195 the limits of any of said military posts or Indian agencies. And 

12196 no offender against the laws of either of said tribes shall be per- 

12197 mitted to take refuge therein. 

12198 Aeticle IS. The United States, or any incorporatedcompany. 

12199 shall have the right of way for railroads, or lines of telegraphs. 

12500 through the Chotaw and Chickasaw country : but for any prop- 

12501 erty taken or destroyed in the construction thereof, full compen- 

12502 sation shall be made to the party or parties injured, to be ascer- 

12503 tained and determined in such manner as the president of the 
12501 United States shall direct. 

12505 Aeticle 19. The United States shall, as soon as practica- 

12506 ble. cause the eastern and western boundary lines of the tract 



281 



12507 of country described in the 1st article of this convention, and 

12508 the western boundary of the Chickasaw district, as herein de- 

12509 fined, to be run and permanently marked. 

12510 Article 20. That this convention may conduce as far as 

12511 possible to the restoration and preservation of kind and friendly 

12512 feeling among the Choctaws and Chickasaws, a general amnesty 

12513 of all past offences, committed within their country, is hereby 
12511 declared. 

12515 And in order that their relations to each other and to the 

12516 United States may hereafter be conducted in a harmonious and 

12517 satisfactory manner, there shall be but one agent for the two 

12518 tribes. 

12519 Article 21. This convention shall supersede and take the 

12520 place of all former treaties between the United States and the 

12521 Choctaws, and also of all treaty stipulations between the United 

12522 States and the Chickasaws, and between the Choctaws and 

12523 Chickasaws, inconsistent with this agreement, and shall take 
12521 effect and be obligatory upon the contracting parties from the 

12525 date hereof, whenever the same shall be ratified by the respec- 

12526 tive councils of the Choctaw and Chickasaw tribes, and by the 

12527 President and Senate of the United States. 

12528 Article 22. It is understood and agreed that the expenses 

12529 of the respective commissioners of the two tribes, signing these 

12530 articles of agreement and convention, in coming to and return- 

12531 ing from this city, and while here, shall be paid by the United 

12532 States. 

» 12533 In testimony whereof the said George W. Manypenuy, com- 

12531 missioner on the part of the United States, and the said com- 

12535 missioners on the part of the Choctaws and of the Chickasaws, 

12536 have hereunto set their hands and seals. 

12537 Done in triplicate, at the city of Washington, on this twenty - 

12538 second day of June, in the year of our Lord one thousand eight 

12539 hundred and fifty-five. 

12510 GEOKGE W. MANYPENNY, 

12511 United States Commissioner. |l. s.] 



12512 P. P. PITCHLYNN, [l. S.] 

12513 ISEAEL EOLSOM, [l. s.J 
* 12511 SAM'L GABLAND, [l. s.] 

12515 DICKSON W. LEWIS, [l. s.J 

12516 Choctaw Commissioners. 

12517 EDMUND PICKENS, his x mark, [l. S.] 

12518 SAMPSON FOLSOM, [l. s.J 



12519 CkicTsmaw Commissioners. 

12550 Executed in presence of — 

12551 A. O. P. Nicholson, 

12552 James G. Berret, 

12553 Douglas H. Cooper, United States Indian Agent. 

36 i t 



282 



12554 And whereas the said treaty having been submitted to the 

12555 general coiiDcil of the Chickasaw tribe, the general council did, 

12556 on the third day of October, A. D. one thousand eight hundred 

12557 and fifty-five, assent to, ratify, and confirm the same, with the 

12558 following amendment: "Add to the 19th article, 'by com- 

12559 missioners to be appointed by the contracting parties hereto,' ' ? 

12560 by an instrument in writing, in the words and figures following, 

12561 to wit : 

12562 Whereas articles of agreement and convention were made 

12563 and concluded on the twenty-second day of June, A. D. one 
12561 thousand eight hundred and fifty-rive, by and between George 

12565 W. Manypenny, commissioner on the part of the United States, 

12566 Peter P. Pitchlynn, Israel Folsom. Samuel Garland, and Diek- 

12567 son W. Lewis, commissioners on the part of the Choctaws, and 

12568 Edmund Pickens and Sampson Folsom, commissioners on the 

12569 part of the Chickasaws, at the city of Washington, in the Dis- 

12570 trict of Columbia, the preamble whereof is in the words and 

12571 figures following, '-to wit:'' 

12572 Whereas the political connection heretofore existingbetween 

12573 the Choctaw and Chickasaw tribes of Indians has given rise to 
12571 unhappy and injurious dissensions and controversies among 

12575 them, which render necessary a re-adjustment of their relations 

12576 to each other and to the united States; and 

12577 Whereas the United States desire that the Choctaw Indians 

12578 shall relinquish all claim to any territory west of the one hun- 

12579 dredth degree of west longitude, and also to make provision for 

12580 the permanent settlement within the Choctaw country of the 

12581 Wichita and certain other tribes or bands of Indians, for which 

12582 purpose the Choctaws and Chickasaws are willing to lease, on 

12583 reasonable terms, to the United States, that portion of their 
12581 common territory which is west of the ninety-eighth degree of 

12585 west longitude ; and 

12586 Whereas the Choctaws contend that, by a just and fair con- 

12587 struction of the treaty of September 27, 1830, they are of right 

12588 entitled to the net proceeds of the lands ceded by them to the 

12589 United States under said treaty, and have proposed that the 

12590 question of their right to the same, together with the whole sub- 

12591 ject-matter of their unsettled claims, whether national or indi- 

12592 vidual, against the United States, arising under the various pro- 

12593 visions of said treaty, shall be referred to the Senate of the 
12591 United States for final adjudication and adjustment: and 

12595 Whereas it is necessary, for the simplification and better 

12596 understanding of the relations between the United States and 

12597 the Choctaw Indians, that all their subsisting treaty stipulations 

12598 be embodied in one comprehensive instrument $ and 

12599 Whereas, in the twenty-first article thereof, it is, among 



283 



12600 other things, recited that said agreement "shall take effect arid 

12601 be obligatory upon the contracting parties from the date hereof, 

12602 whenever the same shall be ratified by the respective councils of 

12603 the Choctaw and Chickasaw tribes of Indians and by the Presi- 

12604 dent and Senate of the United States:" 

12605 Now, therefore, be it known, that the Chiekasaws, in gene- 

12606 ral council assembled, having duly considered said articles of 

12607 agreement and convention, and each and every clause thereof, 

12608 and being satisfied therewith, do, upon their part, hereby assent 

12609 to, ratify, and confirm the same, as stipulated and required, with 

12610 the following amendment : "Add to the nineteenth article, ' By 

12611 commissioners to be appointed by the contracting parties here- 

12612 to.'" 

12613 Done and approved at Tishomingo, in the Chickasaw dis- 

12614 trict of the Choctaw Nation, this 3d day of October, in the year 

12615 of our Lord one thousand eight hundred and fifty -five. 

12616 Passed the council. 

12617 JOEL KEMP, President. 

12618 D. COLBERT, F. C. 

12619 Attest: 

12620 Cyrus Harris, Cleric of the Council. 

12621 And whereas the Chiekasaws, in general council assembled, 

12622 did, on the 13th day of December, A. D. 1855, recede from and 

12623 rescind the said amendment, and did ratify and confirm the said 

12624 treaty, and every part thereof, by an instrument in writing, in 

12625 the words and figures following, to wit : 

12626 Whereas the Chiekasaws, in general council assembled, after 

12627 having duly considered the stipulations contained in a certain 

12628 convention and agreement, made and entered into at the city of 

12629 Washington, on the 22d day of June, A. D. 1855, between George 

12630 W. Manypenny, commissioner on the part of the United States ; 

12631 Peter P. Pitchlynu, Israel Folsom, Samuel Garland, and Dick- 

12632 son W. Lewis, commissioners on the part of the Choctaws; Ed- 

12633 mund Pickens and Sampson Folsom, commissioners on the part 

12634 of the Chiekasaws, did, on the third day of October, A. D. 1855, 

12635 at Tishomingo, in the Chickasaw district, Choctaw Nation, 

12636 assent to, ratify, and confirm each and every part of said con- 

12637 vention and agreement, with the following amendment, viz: 

12638 "Add to the 19th article, 1 By commissioners to be appointed 

12639 by the contracting parties hereto;'" and 

12640 Whereas said amendment was not duly considered and con- 

12641 curred in by the Choctaws in general council assembled ; but 

12642 said agreement and convention, and every part thereof, was 

12643 assented to, ratified, and confirmed by said council without 

12644 amendment : 

12645 Now, therefore, be it known, that the Chiekasaws. 111 



284 



1264(3 general council assembled, having reconsidered said proposed 

12647 amendment, do hereby recede from and rescind the same, hereby 

12648 assenting to, ratifying, and confirming said agreement and con- 
12619 vention, and every part thereof. 

12650 Done and approved at the council-house at Tishomingo, 

12651 Chickasaw district, Choctaw Nation, this 13th day of December, 

12652 A. D. 1S55. 

12653 Approved December 13, 1855. 

12654 J. McGOY, President of the Council. 

12655 DOUGHERTY COLBERT, F. C. 

12656 Attest : 

12657 Cyrus Haebis, Secretary. 
1265S Signed in presence of — 

12659 Jacksox Feazier. 

12660 Chief CMckamic District, Choctaw Nation. 

12661 Douglas H. Coopee. 

12662 r. S. Indian Agent. 

12663 And whereas the said treaty having been submitted to the 

12664 general council of the Choctaw tribe, the said general council 

12665 did, on the 16th day of November, A. D. one thousand eight 

12666 hundred and fifty-five, consent to and ratify the same by an 

12667 instrument in the words and figures following, to wit : 

12668 Whereas articles of agreement and convention were made 



12669 and concluded on the twenty-second day of June, A. D. one 

12670 thousand eight hundred and fifty-five, by and between George 

12671 W. Manypenny. commissioner on the part of the United States: 

12672 Peter P. Pitchlynn, Israel Folsom. Samuel Garland, and Dickson 

12673 W. Lewis, commissioners on the part of the Choctaws; and Ed- 

12674 round Pickens and Sampson Folsom, commissioners on the part of 

12675 the Chickasaws, at the city of Washington, in the District of 

12676 Columbia, the preamble whereof is in the words and figures fol- 

12677 lowing, viz : 4 * Whereas the political connection heretofore exist- 
1267S ing between the Choctaw and the Chickasaw tribes of Indians has 

12679 given rise to unhappy and injurious dissensions and controver- 

12680 sies among them, which render necessary a readjustment of their 

12681 relations to each other and to the United. States: and 

12682 ^Whereas the United States desire that the Choctaw Indiaus 

12683 shall relinquish all claim to any territory west of the one hun- 

12684 dredth degree of west longitude, and also to make provision for 

12685 the permanent settlement within the Choctaw country of the 

12686 Wichita and certain other tribes or bands of Indians, for which 

12687 purpose the Choctaws and Cbickasaws are willing to lease, on 

12688 reasonable terms, to the United States, that portion of their 

12689 common territory which is west of the ninety-eighth degree of 

12690 west longitude ; and 

12691 " Whereas the Choctaws contend that, by a just and fair con- 



285 



12692 struction of the treaty of September 27, 1830, they are of right en- 

12693 titled to the net proceeds of the lands ceded by them, to the 

12694 United States, under said treaty, and have proposed that the 

12695 question of their right to the same, together with the whole sub- 

12696 ject-matter of their unsettled claims, whether national or individ- 

12697 ual, against the United States, arising under the various pro\ i s 

12698 ions of said treaty, shall be referred to the Senate of the United 

12699 States for final adjudication and adjustment,- and 

12700 u Whereas it is necessary, for the simplification and better 

12701 understanding of the relations between the United States and the 

12702 Choctaw Indians, that all their subsisting treaty stipulations be 

12703 embodied in one comprehensive instrument ; n and whereas in the 
12701 twenty-first article thereof, it is, among other things, recited that 
12705 said agreement "shall take effect and be obligatory upon the 

'12706 contracting [parties] from the date hereof, whenever the same 

12707 shall be ratified by the respective councils of the Choctaw and 

12708 Chickasaw tribes and by the President and Senate of the United 

12709 States:" 

12710 Now, therefore, be it known, that the Choctaws, in general 

12711 council assembled, having duly considered said articles of agree- 

12712 ment and convention, and each and every clause thereof, and 

12713 being satisfied therewith, do, upon their part, hereby assent to, 

12714 ratify, and confirm the same as stipulated and required. 

12715 Proclaimed March 4, 1856. 



12716 Treaty between the United States of America and the Choctaw and 

12717 Chickasaw Indians, concluded April 28, 1866 ; ratification 

12718 advised, with amendments, June 28, 1866 • amendments ac- 

12719 cepted July 2, 1866. 

12720 Andrew Johnson, President of the United States of America, 

12721 to all and singular to whom these presents shall come? 

12722 greeting: 

12723 Whereas a treaty was made and concluded at the city of 

12724 Washington, in the District of Columbia, on the twenty-eighth 

12725 day of April, in the year of our Lord one thousand eight hun- 

12726 dred and sixty-six, by and between Dennis N. Cooley, Elijah 

12727 Sells, and E. S. Parker, commissioners on the part of the United 

12728 States, and Alfred Wade; Allen Wright, James Eiley, and John 

12729 Page, commissioners on the part of the Choctaw Nation of In- 

12730 dians, and Winchester Colbert, Edmund Pickens, Holmes Col- 

12731 bert, Colbert Carter, and Eobert H. Love, commissioners on the 

12732 part of the Chickasaw Nation of Indians, all of which commis- 

12733 sioners were duly authorized thereto, which treaty is in the 

12734 words and figures following, to wit : 



12735 Articles of agreement and convention between The United States 

12730 and the Choctaw and Chickasaw Nations of Indians, made 

12737 and concluded at the city of Washington the twenty-eighth 

1273S day of April, in the year eighteen hundred and sixty-six. 

12739 by Dennis 2s". Cooley. Elijah Sells, and E. S. Parker, special 

12710 commissioners on the part of the United States, and Alfred 

12711 Wade, Allen Wright. James Eiley, and John Page, commis- 

12712 sioners on the part of the Choetaws, and Winchester Col- 

12713 bert. Edmund Pickens, Holmes Colbert. Colbert Carter, 
12711 and Eobert EE. Ljve. commissioners on the part of the 

12715 Chickasaws. 

12716 Article 1. Permanent peace and friendship are hereby es- 

12717 tablished between the United States and said nations : and the 
12713 Choetaws and Chickasaws do hereby bind themselves respeet- 
12719 ively to use their influence and to make every exertion to induce 

12750 Indians of the plains to maintain peaceful relations with each 

12751 other, with other Indians, and with the United States. 

12752 Article 2. The Choetaws and Chickasaws hereby cove- 

12753 nant and agree that henceforth neither slavery nor involuntary 
12751 servitude, otherwise than in punishment of crime whereof the 

12755 parties shall have been duly convicted, in accordance with laws 

12756 applicable to all members of the particular nation, shall ever 

12757 exist in said nations. 

1275S Article 3. The Choetaws and Chickasaws. in consider- 

12759 ation of the sum of three hundred thousand dollars, hereby cede 

12760 to the United States the territory west of the 98° west longi- 

12761 tude. known as the leased district, provided that the said sum 

12762 shall be invested and held by the United States, at an interest 

12763 not less than five per cent., in trust for the said nations, until 
12761 the legislatures of the Choctaw and Chickasaw Nations respect- 

12765 ively shall have made such laws, rules, and regulations as may 

12766 be necessary to give all persons of African descent, resident in 

12767 the said nations at the date of the treaty of Port Smith, and 
1276S their descendants, heretofore held in slavery among said nations, 

12769 all the rights, privileges, and immunities, including the right of 

12770 suffrage, of citizens of said nations, except in the annuities, 

12771 moneys, and public domain claimed by, or belonging to, said 

12772 nations respectively: and also to give to such persons who were 

12773 residents as aforesaid, and their descendants, forty acres each of 
12771 the land of said nations on the same terms as the Choetaws and 

12775 Chickasaws, to be selected on the survey of said land, after the 

12776 Choetaws and Chickasaws and Kansas Indians have made their 

12777 selections, as herein provided : and immediately on the enact- 

12778 ment of such laws, rules, and regulations, the said sum of three 

12779 hundred thousand dollars shall be paid to the said Choctaw and 

12780 Chickasaw Nations in the proportion of three-fourths to the 



287 



12781 former and one-fourth to the latter — less such sum, at the rate 

12782 of one hundred dollars per capita, as shall be sufficient to pay 

12783 such persons of African descent before referred to as within 
12781 ninety days after the passage of such laws, rules, and regula- 

12785 tions shall elect to remove and actually remove from the said 

12786 nations respectively. And should the said laws, rules, and 

12787 regulations not be made by the legislatures of the said nations 

12788 respectively, within two years from the ratification of this treaty, 

12789 then the said sum of three hundred thousand dollars shall cease 

12790 to be held in trust for the said Choctaw and Chickasaw Nations, 

12791 and be held for the use 'and benefit of such of said persons of 

12792 African descent as the United States shall remove from the said 

12793 Territory in such manner as the United States shall deem pro- 
12791 per — the United States agreeing, within ninety days from the 
12795 expiration of the said two years, to remove from said nations 
12790 all such persons of African descent as may be willing to remove ; 

12797 those remaining or returning after having been removed from 

12798 said nations to have no benefit of said sum of three hundred 

12799 thousand dollars, or any part thereof, but shall be upon the same 

12800 footing as other citizens of the United States in the said nations. 

12801 Article 4. The said nations further agree that all negroes, 

12802 not otherwise disqualified or disabled, shall be competent wit- 

12803 nesses in all civil and criminal suits and proceedings in the Choc- 

12804 taw and Chickasaw courts, anylaw to the contrary notwithstand- 

12805 ing; and they fully recognize the right of the freedmen to a fair 

12806 remuneration on reasonable and equitable contracts for their 

12807 labor, which the law should aid them to enforce. And they agree, 

12808 on the part of their respective nations, that all laws shall be 

12809 equal in their operation upon Choctaws, Chickasaws, and negroes, 

12810 and that no distinction affecting the latter shall at any time be 

12811 made, and that they shall be treated with kindness and be pro- 

12812 tected against injury ; and they further agree, that while the 

12813 said freedmen, now in the Choctaw and Chickasaw Nations, 

12814 remain in said nations, respectively, they shall be entitled to as 

12815 much land as they may cultivate for the support of themselves 

12816 and families, in cases where they do not support themselves and 

12817 families by hiring, not interfering with existing improvements 

12818 without the consent of the occupant, it being understood that in 

12819 the event of the making of the laws, rules, and regulations afore- 

12820 said, the forty acres aforesaid shall stand in place of the laud 

12821 cultivated as last aforesaid. 

12822 Article 5. A general amnesty of all past offences against 

12823 the laws of the United States, committed before the signing of 

12824 this treaty by any member of the Choctaw or Chickasaw Nations, is 

12825 hereby declared ; and the United States will especially request 

12826 the States of Missouri, Kansas, Arkansas, and Texas to grant 



2s* 



12827 the like amnesty as to all offences committed by any member of 

".2828 the Choctaw or Chickasaw Nation. And the Choctaws and 

12829 Chickasaws. anxious for the restoration of kind and friendly 

12830 feelings among themselves, do hereby declare an amnesty for 

12831 all past offences against their respective governments, and no 

12832 Indian or Indians shall be proscribed, or any act of forfeiture 

12833 or confiscation passed against those who may have re- 
12831 mained friendly to the United States, but they shall enjoy 

12835 equal privileges with other members of said tribes, and all 

12836 laws heretofore passed inconsistent herewith are hereby declared 
12S37 inoperative. The people of the Choctaw and Chickasaw Nations 
12S3S stipulate and agree to deliver up to any authorized agent of the 
12S39 United States all public property in their possession which 

12810 belong to the late " so-called Confederate States of America." or 

12811 the United States, without any reservation whatever: particu 

12812 larly ordnance, ordnance-stores, and arms of all kinds. 

12813 Article 6. The Choctaws and Chickasaws hereby grant a 
12811 right of way through their lands to any company or companies 
12815 which shall be duly authorized by Congress, or by the legisla- 
12810 tares of said nations, respectively, and which shall, with the ex- 

12817 press consent and approbation of the Secretary of the Interior, 

12818 undertake to construct a railroad through the Choctaw and 

12819 Chickasaw Rations from the north to the south thereof, and 

12850 from the east to the west side thereof, in accordance with 

12851 the provisions of the 18th article of the treaty of Jane 

12852 twenty-second, one thousand eight hundred and fifty-five, which 

12853 provides that for any property taken or destroyed in the con- 
12851 struction thereof full compensation shall be made to the party 

12855 or parties injured, to be ascertained and determined in such 

12856 manner as the President of the United States shall direct. Bat 

12857 such railroad company or companies, with all its or their agents 

12858 and employes shall be subject to the laws of the United States 

12859 relating to intercourse with Indian tribes, and also to such rules 

12860 and regulations as may be prescribed by the Secretary of the 

12861 Interior for that purpose. And it is also stipulated and agreed 

12862 that the nation through which the road or roads aforesaid shall 
12S63 pass may subscribe to the stock of the particular company or 
12861 companies such amount or amounts as they may be able to pay 

12865 for in alternate sections of unoccupied lands for a space of six 

12866 miles on each side of said road or roads, at a price per acre to 

12867 be agreed upon between said Choctaw and Chickasaw Nations 

12868 and the said company or companies, subject to the approval of 

12869 the President of the United States: Provided, however, That 

12870 said land, thus subscribed, shall not be sold, or demised, or occu- 

12871 pied by any one not a citizen of the Choctaw or Chickasaw 

12872 Nations, according to their laws and recognized usages: Pro- 



289 



12873 vided, That the officers, servants, and employes of such eompa- 

12874 nies necessary to the construction and management of said road 

12875 or roads shall not be excluded from such occupancy as their 

12876 respective functions may require, they being subject to the pro- 

12877 visions of the Indian intercourse law and such rules and regula- 

12878 tions as may be established by the Secretary of the Interior. 

12879 And provided also, That the stock thus subscribed by either of 

12880 said nations shall have the force and effect of a first-mortgage 

12881 bond on all that part of said road, appurtenances, and equip- 

12882 ments situated and used within said nations respectively, and 

12883 shall be a perpetual lieu on the same, and the said nations shall 

12884 have the right, from year to year, to elect to receive their equi- 

12885 table proportion of declared dividends of profits on their said 

12886 stock, or interest on the par value at the rate of six per cent. 

12887 per annum. 

12888 2. And it is further declared, in this connection, that as fast 

12889 as sections of twenty miles in length are completed, with the rails 

12890 laid ready for use, with all water and other stations necessary 

12891 to the use thereof, as a first-class road, the said company or 

12892 companies shall become entitled to patents for the alternate 

12893 sections aforesaid, and may proceed to dispose thereof in the 

12894 manner herein provided for, subject to the approval of the Sec- 

12895 retary of the Interior. 

12896 • 3. And it is further declared, also, in case of one or more of 

12897 said alternate sections being occupied by any member or mem- 

12898 bers of said nations respectively, so that the same cannot be 

12899 transferred to the said company or companies, that the said 

12900 nation or nations, respectively, may select any unoccupied sec- 

12901 tion or sections, as near as circumstances will permit, to the said 

12902 width of six miles on each side of said road or roads, and con- 

12903 vey the same as an equivalent for the section or sections so oo- 

12904 cupied as aforesaid. 

12905 Article 7. The Choctaws and Chickasaws agree to such 

12906 legislation as Congress and the President of the United States 

12907 may deem necessary for the better administration of justice and 

12908 the protection of the rights of person and property within the 

12909 Indian Territory : Provided, however, Such legislation shall not 

12910 in anywise interfere with or annul their present tribal organi- 

12911 zation, or their respective legislatures or judiciaries, or the 

12912 rights, laws, privileges, or customs of the Choctaw and Chicka- 

12913 saw Nations respectively. 

12914 Article 8. The Choctaws and Chickasaws also agree that 

12915 a council, consisting of delegates elected by each nation or tribe 

12916 lawfully resident within the Indian Territory, may be annually 

12917 convened in said Territory, to be organized as follows: 

12918 1. After the ratification of this treaty, and as soon as may 

37 I T 



290 



12919 be deemed practicable by the Secretary of the Interior, and 

12920 prior to the first session of said assembly, a census of each tribe, 

12921 lawfully resident in said Territory, shall be taken, under the di- 

12922 rection of the Superintendent of Indian Affairs, by competent 

12923 persons, to be appointed by him, whose compensation shall be 

12924 fixed by the Secretary of the Interior and paid by the United 

12925 States. 

12926 2. The council shall consist of one member from each tribe 

12927 or nation whose population shall exceed five hundred, and an 

12928 additional member for each one thousand Indians, native or 

12929 adopted, or each fraction of a thousand greater than five hundred 

12930 being members of any tribe lawfully resident in said Territory, 

12931 and shall be selected by the tribes or nations respectively who 

12932 may assent to the establishment of said general assembly; and 

12933 if none should be thus formally selected by any nation or tribe, 

12934 it shall be represented in said general assembly by the chief or 

12935 chiefs and head-men of said tribes, to be taken in the order of 

12936 their rank as recognized in tribal usage in the number and pro- 

12937 portions above indicated. 

12938 3. After the said census shall have been taken and com- 

12939 pie ted, the superintendent of Indian affairs shall publish and 

12940 declare to each tribe the number of members of said council to 

12941 which they shall be entitled under the provisions of this article; 

12942 and the persons so to represent the said tribes shall meet at such 

12943 time and place as he shall designate, but thereafter the time and 

12944 place of the sessions of the general assembly shall be determined 

12945 by itself : Provided, That no session in any one year shall exceed 

12946 the term of thirty days; and provided that the special sessions 

12947 may be called whenever, in the judgment of the Secretary of the 

12948 Interior, the interests of said tribes shall require it. 

12949 4. The general assembly shall have power to legislate upon 

12950 all subjects and matters pertaining to the intercourse and rela- 

12951 tions of the Indian tribes and nations resident in the said Terri- 

12952 tory, the arrest and extradition of criminals escaping from ore 

12953 tribe to another, the administration of justice between membeis 

12954 of the several tribes of the said Territory, and persons other 

12955 than Indians and members of said tribes or nations, the con- 

12956 struction of works of internal improvement, and the common 

12957 defence and safety of the nations of the said Territory. All 

12958 laws enacted by said council shall take effect at the times 

12959 therein provided, unless suspended by the Secretary of the 

12960 Interior or the President of the United States. No law shall 

12961 be enacted inconsistent with the Constitution of the United 

12962 States or the laws of Congress, or existing treaty stipula- 

12963 tions with the United States ; nor shall said council legislate 

12964 upon matters pertaining to the legislative, judicial, or other or- 



291 



12965 ganization, laws, or customs of the several tribes or nations, ex- 

12906 cept as herein provided for. 

12967 5. Said council shall be presided over by the superintendent 

12968 of Indian affairs, or, in case of his absence from any cause, the 

12969 duties of the superintendent enumerated in this artiele shall be 

12970 performed by such person as the Secretary of the Interior shall 

12971 indicate. 

12972 6. The Secretary of the Interior shall appoint a secretary 

12973 of said council, whose duty it shall be to keep an accurate record 
12971 of all the proceedings of said council, aud to transmit a true copy 

12975 thereof, duly certified by the superintendent of Indian affairs. 

12976 to the Secretary of the Interior, immediately after the sessions 

12977 of said council shall terminate. He shall be paid five hundred 

12978 dollars, as an annual salary, by the United States. 

12979 7. The members of the said council shall be paid by the 

12980 United States four dollars per diem while in actual attendance 

12981 thereon, and four dollars mileage for every twenty miles going 

12982 aud returning therefrom by the most direct route, to be certified 

12983 by the secretary of said council and the presiding officer. 
12981 8. The Choctaws and Chickasaws also agree that a court or 
129S5 courts may be established in said Territory with such jurisdiction 

12986 and organization as Congress may prescribe : Provided, That the 

12987 same shall not interfere with the local judiciary of either of said 

12988 nations. 

12989 9. Whenever Congress shall authorize the appointment of a 

12990 Delegate from said Territory, it shall be the province of said 

12991 council to elect one from among the nations represented in said 

12992 council. 

12993 10. And it is further agreed that the superintendent of In- 
12991 dian affairs shall be the executive of the said Territory, with the 

12995 title of " governor of the Territory of Oklahoma," and that there 

12996 shall be a secretary of the said Territory, to be appointed by the 

12997 said superintendent ; that the duty of the said governor, in addi- 

12998 tion to those already imposed on the superintendent of Indian 

12999 affairs, shall be such as properly belong to an executive officer 

13000 charged with the execution of the laws, which the said council 

13001 is authorized to enact under the provisions of this treaty: and 

13002 that for this purpose he shall have authority to appoiut a marshal 

13003 of said Territory and an interpreter, the said marshal to appoint 
13001 such deputies, to be paid by fees, as may be required to aid him 

13005 in the execution of his proper functions, aud be the marshal of 

13006 the principal court of said Territory that may be established 

13007 under the provisions of this treaty. 

13008 11. And the said marshal and the said secretary shall each 

13009 be entitled to a salary of live hundred dollars per annum, to be 

13010 paid by the United States, aud such fees in addition thereto as 



292 



13011 shall be established by said governor, with the approbation of 

13012 the Secretary of the Interior, it being understood that the said 

13013 fee-lists may at any time be corrected and altered by the Secre- 

13014 tary of the Interior, as the experience of the system proposed 

13015 herein to be established shall show to be necessary, and shall in 
13010 no case exceed the fees paid to marshals of the United States 

13017 for similar services. The salary of the interpreter shall be five 

13018 hundred dollars, to be paid in like manner by the United States. 

13019 12. And the United States agree that in the appointment 

13020 of marshals and deputies, preference, qualifications being equal. 

13021 shall be given to competent members of the said nations, the 

13022 object being to create a laudable ambition to acquire the experi- 

13023 ence necessary for political offices of importance in the respective 

13024 nations. 

13025 13. Aud whereas it is desired by the said Choctaw and 
13020 Chickasaw Nations that the said council should consist of an 
13027 upper and lower house, it is hereby agreed that, whenever a 
1302S majority of the tribes or nations represented in said council shall 

13029 desire the same, or the Congress of tbe United States shall so 

13030 prescribe, there shall be. in addition to the council now provided 

13031 for. and which shall then constitute the lower house, an upper 

13032 house, consisting of one member from each tribe entitled to rep- 

13033 resentation in the council now provided for, the relations of the 
13031 two houses to each other being such as prevail in the States of 
13035 the United States, each house being authorized to choose its pre- 
13030 siding officer and clerk to perform the duties appropriate to such 
13037 offices: aud it being the duty, in addition, of the clerks of each 
1303S house to make out and transmit to the territorial secretary fair 
13039 copies of the proceedings .of the respective houses immediately 

13010 after their respective sessions, which copies shall be dealt 
lc041 with by the said secretary as is now provided in the case of 

13012 copies of the proceedings of the council mentioned in this act. 

13013 and the said clerks shall each be entitled to the same per diem 

13011 as members of the respective houses, an 1 the presiding officers 

13015 to double that sum. 

13016 Aeticle 9. Such sums of money as have, by virtue of 

13017 treaties existing in the year eighteen hundred and sixty-one. 
13048 been invested for the purposes of education, shall remain so in- 
13019 vested, and the interest thereof shall be applied for the same 

13050 purposes, in such manner as shall be designated by the legisla- 

13051 tive authorities of the Choctaw and Chickasaw Nations, re- 

13052 spectively. 

13053 Aeticle 10. The United States re-affirms all obligations 
13051 arising out of treaty stipulations or acts of legislation with re- 
13055 gard to the Choctaw and Chickasaw Nations, entered into prior 
13050 to the late rebellion, and in force at that time, not inconsistent 



293 



13057 herewith; and farther agree* to renew the payment orall annu- 

13058 ities and others moneys accruing under such treaty stipulations 

13059 and acts of legislation, from and after the close of the fiscal 
13000 year ending on the thirtieth of June, in the year eighteen hun- 

13061 tired and sixty-six. 

13062 Article 11. Whereas the land occupied by the Choctaw and 

13063 Chickasaw Nations, and described in the treaty between the 
13061 United States and said nations, of June twenty-second, 

13065 eighteen hundred and fifty-five, is now held by the members of 

13066 said nations in common, under the provisions of the said treaty : 

13067 and whereas it is believed that the holding of said land in sever - 

13068 alty will promote the general civilization of said nations, and tend 

13069 to advance their permanent welfare and the best interests of 

13070 their individual members, it is hereby agreed that, should the 

13071 Choctaw and Chickasaw people, through their respective legis- 

13072 lative councils, agree to the survey and dividing their land 

13073 on the system of the United States, the land aforesaid east of 
13071 the ninety-eighth degree of west longitude shall be, in view of 

13075 the arrangements hereinafter mentioned, surveyed and laid off 

13076 in ranges, townships, sections, and parts of sections; and that 

13077 for the purpose of facilitating such surveys and for the settle- 

13078 ment and distribution of said land as hereinafter provided, 

13079 there shall be established at Boggy Depot, in the Choctaw Ter- 

13080 ritory, a land-office; and that, in making the said surveys and 

13081 conducting the business of the said office, including the appoint- 

13082 ment of all necessary agents, and surveyors, the same system 

13083 shall be pursued which has heretofore governed in respect to the 
13081 public lands of the United States, it being understood that the 

13085 said surveys shall be made at the cost of the United States and 

13086 by their agents and surveyors, as in the case of their own pub- 

13087 lie lands, and that the officers and employes shall receive the 

13088 same compensation as is paid to officers and employes in the 

13089 land- offices of the Uuited States in Kansas. 

13090 Article 12. The maps of said surveys shall exhibit, as 

13091 far as practicable, the outlines of the actual occupancy of mem- 

13092 bers of the said nations, respectively ; and when they are com- 

13093 pleted, shall be returned to the said land-office at Boggy Depot 
13091 for inspection by all parties interested, when notice for ninety 

13095 days shall be given of such return, in such manner as the legisla- 

13096 five authorities of the said nations, respectively, shall prescribe, 

13097 or, in the event of said authorities failing to give such notice iu 

13098 a reasonable time, in such manner as the register of said land- 

13099 office shall prescribe, calling upon all parties interested to ex- 

13100 amine said maps to the end that errors, if any, in the location 

13101 of such occupancies, may be corrected. 

13102 Article 13. The notice required in the above article shall 



294 



13103 be given, not only in the Choctaw and Chickasaw Nations, bat 

13101 by publication in newspapers printed in the States of Mississippi 

13105 and Tennessee, Louisiana, Texas, Arkansas, and Alabama, to 

13106 the end that such Choctaws and Chickasaws as yet remain out- 

13107 side of the Choctaw and Chickasaw Nations, may be informed 

13108 and have opportunity to exercise the rights hereby given to 

13109 resident Choctaws and Chickasaws: Provided, That before any 

13110 such absent Choctaw or Chickasaw shall be permitted to select 

13111 for him or herself, or others, as hereinafter provided, he or she 

13112 shall satisfy the register of the land-office of his or her intention, 

13113 or the intention of the party for whom the selection is to be 
13111 made, to bcome bona-fide resident in the said nation within five 

13115 years from the time of selection ; and should the said absentee 

13116 fail to remove into said nation, and occupy and commence an im- 

13117 provement on the land selected within the time aforesaid, the 

13118 said selection shall be cancelled, and the land shall thereafter be 

13119 discharged from all claim on account thereof. 

13120 Article 11 At the expiration of the ninety days aforesaid 

13121 the legislative authorities of the said nations, respectively, shall 

13122 have the right to select one quarter- section of land in each of the 

13123 counties of said nations respectively, in trust for the establish- 

13124 ment of seats of justice therein, and also as many quarter-sec- 

13125 tions as the said legislative councils may deem proper for the 

13126 permanent endowment of schools, seminaries, and colleges in said 

13127 nation, provided such selection shall not embrace or interfere 

13128 with any improvement in the actual occupation of any member 

13129 of the particular nation without his consent; and provided the 

13130 proceeds of sale of the quarter-sections selected for seats of jus- 

13131 tice shall be appropriated for the erection or improvement of pub- 

13132 lie buildings in the county in which it is located. 

13133 Article 15. At the expiration of the ninety days' notice 
13131 aforesaid, the selection which is to change the tenure of theland 

13135 in the Choctaw and Chickasaw Nations from a holding in common 

13136 to a holding in severalty shall take place, when every Choctaw 

13137 and Chickasaw shall have the right to one quarter-section of 

13138 land, whether male or female, adult or minor, and if in actual 

13139 possession or occupancy of land improved or cultivated by him 

13140 or her, shall have a prior right to the quarter-section in which. 

13141 his or her improvement lies ; and every infant shall have selected 

13142 for him or her a quarter-section of land in such location as the 

13143 father of such infant, if there be a father iving, and if no father 

13144 living, then the mother or guardian, and should there be neither 

13145 father, mother, nor guardian, then as the probate judge of the 

13146 county, acting for the best interest of such infant, shall select. 

13147 Article 16. Should an actual occupant of land desire, at 

13148 any time prior to the commencement of the surveys aforesaid, 



295 



13149 to abandon his improvement, and select and improve other 

13150 land, so as to obtain the prior right of selection thereof, lie or 

13151 she shall be at liberty to do so; in which event the improve 

13152 meut so abandoned shall be open to selection by oile r parties : 

13153 Provided, That nothing herein contained shall authorize the 
13151 multiplication of improvements so as to increase the quantity of 

13155 land beyond what a party would be entitled to at the date of 

13156 this treaty. 

13157 Article!!. No selection to be made under this treaty shall 

13158 be permitted to deprive or interfere with the continued occupa- 

13159 tion by the missionaries established in the respective nations of 

13160 their several missionary establishments; it being the wish of 

13161 the parties hereto to promote and foster an influence so largely 

13162 conducive to civilization and refinement. Should any mis, ion 

13163 ary who has been engaged in missionary labor for live consecu- 
13161 tive years before the date of this treaty in the said nations, or 

13165 either of them, or three consecutive years prior to the late re- 

13166 bellion, and who, if absent from the said nations, may desire to 

13167 return, wish to select a quarter-section of land with a view to a 

13168 permanent home for himself and family, he shall have the priv- 

13169 ilege of doing so, provided no selection shall include any public 

13170 buildings, schools or seminary ; and a quantity of laud not ex- 

13171 ceeding six hundred and forty acres to be selected according to 

13172 legal subdivisions in one body, and to include their improve- 

13173 ments, is hereby granted to every religious society or deuomi- 
13171 nation which has erected, or which, with the consent of the In- 

13175 dians, may hereafter erect buildings within the Choctaw and 

13176 Chickasaw country for missionary or educational purposes ; but 

13177 no land thus granted, nor the buildings which have been or may 

13178 be erected thereon, shall ever be sold or otherwise disposed of, 

13179 except with the consent of the legislatures of said nations re- 

13180 spectively aud approval of the Secretary of the Interior ; and 

13181 whenever such lands or buildings shall be sold or disposed of 

13182 the proceeds thereof shall be applied, under the direction ot' the 

13183 Secretary of the Interior, to the support and maintenance of 
13181 other similar establishments for the benefit of the Ohoctaws and 

13185 Chiekasaws, and such other persons as may hereafter become 

13186 members of their nations, according to their laws, customs, and 

13187 usages. 

13188 Article 18. In making a selection for children the parent 

13189 shall have a prior right to select laud adjacent to his own im- 

13190 provements or selection, provided such selection shall be made 

13191 within thirty days from the time at which selections under this 

13192 treaty commence. 

13193 Article 19, The manner of selecting as aforesaid shall be 
13191 by an entry with the register of the land office, and all selec- 



296 



13195 tions shall be made to conform to the legal subdivisions of the 

13196 said lauds as shown by the surveys aforesaid ou the maps afore- 

13197 said ; it beitog understood that nothing herein contained is to be 
1319S construed to confine a party selecting to one section, bat he may 

13199 take contiguous parts of sections by legal subdivisions in difYer- 

13200 ent sections, not exceeding together a quarter-section. 

13201 Article 20. Prior to any entries being made under the 

13202 foregoing provisions, proof of improvements, or actual cultiva- 

13203 tion, as well as the number of persons for whom a parent or 
13201 guardian, or probate judge of the county proposes to select, and 

13205 of their right to select, and of his or her authority to select, for 

13206 them, shall be made to the register and receiver of the land- 

13207 office, under regulations to be prescribed by the Secretary of the 

13208 , Interior. 

13209 Article 21. In every township the sections of landnumbered 

13210 sixteen and thirty-six shall be reserved for the support of schools 

13211 in said township: Provided, That if the same has been already 

13212 occupied by a party or parlies having the right to select it, or it 

13213 shall be so sterile as to be unavailable, the legislative authori- 
13211 ties of the particular nations shall have the right to select such 

13215 other unoccupied sections as they may think proper. 

13216 Article 22. The right of selection hereby given shall not 

13217 authorize the selection of any land required by the United 

13218 States as a military post, or Indian agency, not exceeding one 

13219 mile square, which, when abandoned, shall revert to the nation 

13220 in which the land lies. f 

13221 Article 23. The register of the land-office shall inscribe in 

13222 a suitable book or books, in alphabetical order, the name of every 

13223 individual for whom a selection shall be made, his or her age, 
13221 and a description of the land selected. 

13225 Article 24. Whereas it may be difficult to give to each 

13226 occupant of an improvement a quarter-section of land, or even 

13227 a smaller subdivision, which shall include such improvement, in 

13228 consequence of such improvements lying in towns, villages, or 

13229 hamlets, the legislative authorities of the respective nations 

13230 shall have power, where, in their discretion, they think it expe- 

13231 dient, to lay off into town lots any section or part of a section 

13232 so occupied, to which lots the actual occupants, being citizens 

13233 of the respective nations, shall have pre-emptive right, and, upon 
13231 paying into the treasury of the particular nation the price of the 

13235 land, as fixed by the respective legislatures, exclusive of the 

13236 value of said improvement, shall receive a conve}~anee thereof. 

13237 Such occupant shall not be prejudiced thereby in his right to 

13238 his selection elsewhere. The town lots which may be uuoccu- 

13239 pied shall be disposed of for the benefit of the particular nation, 
13210 as the legislative authorities may direct from time to time. 



2Q7 



13241 When the number of occupants of the same quarter-section shall 

13242 not be such as to authorize the legislative authorities to lay out 

13243 the same, or any part thereof, into town lots, they may make 
L3244 such regulations for the disposition thereof as they may deem 

13245 proper, either by subdivision of the same, so as to accommodate 

13246 the actual occupants, or by giving the right of prior choice to 

13247 the first occupant in point of time, upon paying the others for 

13248 their improvements, to be valued in such way as the legisla- 

13249 tive authorities shall prescribe, or otherwise. All occupants 

13250 retaining their lots under this section, and desiring, in addition, 

13251 to make a selection, must pay for the lots so retained, as in the 

13252 case of town lots. And any Choctaw or Chickasaw who may 

13253 desire to select a sectional division other than that on which his 

13254 homestead is, without abandoning the latter, shall have the 
.13255 right to purchase the homestead sectional division at such price 

13256 as the respective legislatures may prescribe. 

13257 Article 25. During ninety days from the expiration of the 

13258 ninety days' notice aforesaid, the Choctaws and Chickasaws 

13259 shall have the exclusive right to make selections, as aforesaid, 

13260 and at the end of that time the several parties shall be entitled 

13261 to patents for their respective selections, to be issued by the 

13262 Presideut of the United States, and countersigned by the chief 

13263 executive officer of the nation in which the land lies, and re- 

13264 corded in the records of the executive office of the particular 

13265 nation : and copies of the said patents, under seal, shall be 

13266 evidence in any court of law or equity. 

13267 Article 26. The right here given to Choctaws and 
1326S Chickasaws. respectively, shall extend to all persons who have 

13269 become citizens by adoption or intermarriage of either of said 

13270 nations, or who may hereafter become such. 

13271 Article 27. In the event of disputes arising in regard to 

13272 the rights of parties to select particular quarter-sections or other 

13273 divisions of said land, or in regard to the adjustment of bound- 
13271 aries. so as to make them conform to legal divisions and sub- 

13275 divisions, such disputes shall be settled by the register of the 

13276 land-office and the chief executive officer of the nation in which 

13277 the land lies, in a summary way. after hearing the parties ; and 
1327S if said register and chief officer cannot agree, the two to call in 

13279 a third party, who shall constitute a third referee, the decision 

13280 of any two of whom shall be final, without appeal. 

13281 Article 28. Xothing contained in any law of either of the 

13282 said nations shall prevent parties entitled to make selections 

13283 contiguous to each other : and the Choctaw and Chickasaw 

13284 Xations hereby agree to repeal all laws inconsistent with this 

13285 provision. 

13286 Article 29. Selections made under this treaty shall, to 

38 i t 



298 



13287 the extent of one quarter-section, including the homestead or 

13288 dwelling, be inalienable for the period of twenty-one years from 

13289 the date of such selection, and upon the death of the party in 

13290 possession shall descend according to the laws of the nation 

13291 where the land lies ; and in the event of his or her death with- 

13292 out heirs, the said quarter-section shall escheat to and become 

13293 the property of the nation. 

13291 Article 30. The Choctaw and Chickasaw Nations will 

13295 receive into their respective districts, east of the ninety-eighth 

1329G degree of west longitude, in the proportion of one-fourth in the 

13297 Chickasaw and three-fourths in the Choctaw Nation, civilized 

13298 Indians from the tribes known by the general name of the Kan- 

13299 sas Indians, being Indians to the north of the Indian Territory, 

13300 not exceeding ten thousand in number, who shall have in the 

13301 Choctaw and Chickasaw Nations, respectively, the same rights 

13302 as the Choctaws and Chickasaws, of whom they shall be the 

13303 fellow-citizens, governed by the same laws and enjoying the 
13301 same privileges, with the exception of the right to participate 
13305 in the Choctaw and Chickasaw annuities and other moneys, and 
1330G in the public domain, sliould the same, or the proceeds thereof, 

13307 be divided per capita among said Choctaws and Chickasaws, and 

13308 among others the right to select land as herein provided for 

13309 Choctaws and Chickasaws. after the expiration of the ninety 

13310 days during which the selections of land are to be made, as 

13311 aforesaid, by said Choctaws and Chickasaws: and the Choctaw 

13312 and Chickasaw Xations pledge themselves to treat the said 

13313 Kansas Indians in all respects with kindness and forbearance, 
13311 aiding them in good faith to establish themselves in their new 
13315 homes, and to respect all their customs and usages not incon- 
1331G sistent with the constitution and laws of the Choctaw and Chick- 

13317 asaw Xations respectively. In making selections after the ad- 

13318 vent of the Indians and the actual occupancy of land in said 

13319 nation, such occupancy shall have the same effect in their behalf 

13320 as'the occupancies of Choctaws and Chickasaws ; and after the 

13321 said Choctaws and Chickasaws have made their selections as 

13322 aforesaid, the said persons of African descent mentioned in the 

13323 third article of the treaty shall make their selections as therein 
13321 provided, in the event of the making of the laws, rules, and 

13325 regulations aforesaid, after the expiration of ninety days from 

13326 the date at which the Kansas Indians are to make their selec- 

13327 tions as therein provided, and the actual occupancy of such 

13328 persons of African descent shall have the same effect in their 

13329 behalf as the occupancies of the Choctaws and Chickasaws. 

13330 Article 31. And whereas some time must necessarilv 

13331 elapse before the surveys, maps, and selections herein provided 

13332 for can be completed so as to permit the said Kansas Indians to 



299 



13333 make their selections in their order, during which time the 

13334 United States may desire to remove the said Indians from their 

13335 present abiding places, it is hereby agreed that the said Indians 

13336 may at once come into the Choctaw and Chickasaw Nations, 

13337 settling themselves temporarily as citizens of the said nations, 

13338 respectively, upon such land as suits them and is not already 

13339 occupied. 

13340 Article 32. At the expiration of two years, or sooner, if 
13311 the President of the United States shall so direct, from the com- 

13342 pletion of the surveys and maps aforesaid, the officers of the 

13343 land-offices aforesaid shall deliver to the executive departments 

13344 of the Choctaw and Chickasaw Nations, respectively, all such 

13345 documents as may be necessary to elucidate the land-title as 

13346 settled according to this treaty, and forward copies thereof, with 

13347 the field-notes, records, and other papers pertaining to said 

13348 titles, to the Commissioner of the General Land-Office ; and there- 

13349 after grants of laud and patents therefor shall be issued in such 

13350 manner as the legislative authorities of said nations may pro- 

13351 vide for all the unselected portions of the Choctaw and Chickasaw 

13352 districts as defined by the treaty of June twenty-second, eighteen 

13353 hundred and fifty-five. 

13354 Article 33. All lands selected as herein provided shall 

13355 thereafter be held in severalty by the respective parties, and the 
1335G unselected land shall be the common property of the Choctaw 

13357 and Chickasaw Nations, in their corporate capacities, subject to 

13358 the joint control of their legislative authorities. 

13359 Article 34. Should any Choctaw or Chickasaw be pre- 

13360 vented from selecting for him or herself during the the ninety 

13361 days aforesaid, the failure to do so shall not authorize another 

13362 to select the quarter-section containing his improvement, but he 

13363 may at any time make his selection thereof, subject to having 

13364 his boundaries made to conform to legal divisions as aforesaid. 

13365 Article 35. Should the selections aforesaid not be made 

13366 before the transfer of the land records to the executive authori- 

13367 ties of said nations, respectively, they shall be made according 

13368 to such regulations as the legislative authorities of the two 

13369 nations, respectively, may prescribe, to the end that full justice 

13370 and equity may be done to the citizens of the respective territo- 

13371 ries. 

13372 Article 36. Should any land that has been selected under 

13373 the provisions of this treaty be abandoned and left uncultivated 

13374 for the space of seven years by the party selecting the same, 

13375 or his heirs, except in the case of infants under the age of 

13376 twenty-one years, or married women, or persons non compos 

13377 mentis, the legislative authorities of the nation where such land 

13378 lies may either rent the same for the benefit of those interested, 



300 



13379 or dispose of the same otherwise for their benefit, and may pass 

13380 all laws necessary to give effect to this provision. 

13381 Article 37. In consideration of the right of selection here- 

13382 inbefore accorded to certain Indians other than the Choctaws 

13383 and Chickasaws, the United States agree to pay to the Choctaw 
13381 and Chickasaw Nations, out of the funds of Indians removing 

13385 into said nations respectively, under the provisions of this treaty 

13386 such sum as may be fixed by the legislatures of said nations, 

13387 not exceeding one dollar per acre, to be divided between the said 

13388 nations in the proportion of one-fourth to the Chickasaw Nation 

13389 and three-fourths to the Choctaw Nation, with the understand. 

13390 ing that at the expiration of twelve months the actual number 

13391 of said immigrating Indians shall be ascertained, and the amount 

13392 paid that may be actually due at the rate aforesaid ; and should 

13393 still further immigrations take place from among said Kansas 
13391 Indians, still further payments shall be made accordingly from 

13395 time to time. 

13396 Article 38. Every white person who, having married a 

13397 Choctaw or Chickasaw, resides in the said Choctaw or Chicka- 

13398 saw Nation, or who has been adopted by the legislative author - 

13399 ities, is to be deemed a member of said nation, and shall be 

13100 subject to the laws of the Choctaw and Chickasaw Nations 

13101 according to his domicile, and to prosecution and trial before 

13102 their tribunals, and to punishment according to their laws in all 

13103 respects as though he was a native Choctaw or Chickasaw. 
13101 Article 39. No person shall expose goods or other articles 

13105 for sale as a trader without a permit of the legislative authorities 

13106 of the nation he may propose to trade in ; but no license shall be 

13107 required to authorize any member of the Choctaw or Chickasaw 

13108 Nations to trade in the Choctaw or Chickasaw country who is 

13109 authorized by the proper authority of the nation, nor to authorize 

13110 Choctaws or Chickasaws to sell flour, meal, meat, fruit, and 

13111 other provisions, stock, wagons, agricultural implements, or tools 

13112 brought from the United States into the said country. 

13113 Article 10. All restrictions contained in any treaty here- 
13111 tofore made, or in any regulation of the United States upon the 

13115 sale or other disposition of personal chattel property by Choc- 

13116 taws or Chickasaws are hereby removed. 

13117 Article 41. All persons who are members of the Choctaw 

13118 or Chickasaw Nations, and are not otherwise disqualified or dis- 

13119 abled, shall hereafter be competent witnesses in all civil and 

13120 criminal suits and proceedings in any courts of the United 

13121 States, any law to the contrary notwithstanding. 

13122 Article 12. The Choctaw and Chickasaw Nations shall 

13123 deliver up rjersons accused of crimes against the United States 
13121 who may be found within their respective limits, on the requisi- 



301 



13425 tion of the governor of any State, for a crime committed against 

13426 the laws of said State, and upon the requisition of the j udge of 

13427 the district court of the United States for the district within 

13428 which the crime was committed. 

13429 Article 43. The United States promise and agree that no 

13430 white person, except officers, agents, and employes of the Gov- 

13431 eminent, and of any internal improvement company, or persons 

13432 travelling through, or temporarily sojourning in, the said nations, 

13433 or either of them, shall be permitted to go into said Territory, 

13434 unless formally incorporated and naturalized by the joint action 

13435 of the authorities of both nations into one of the said nations 

13436 of Choctaws and Ohickasaws, according to their laws, customs, 

13437 or usages; but this article is not to be construed to affect parties 

13438 heretofore adopted, or to prevent the employment temporarily 

13439 of white persons who are teachers, mechanics, or skilled in agri- 

13440 culture, or to prevent the legislative authorities of the respective 

13441 nations from authorizing such works of internal improvement 

13442 as they may deem essential to the welfare and prosperity of the 

13443 community, or be taken to interfere with or invalidate any action 

13444 which has heretofore been had in this connection by either of 

13445 the said nations. 

13446 Article 44. Post-offices shall be established and main- 

13447 tained by the United States at convenient places in the Choctaw 

13448 and Chickasaw Nations, to and from which the mails shall be 

13449 carried at reasonable intervals, at the rates of postage prevail- 

13450 ing in the United States. 

13451 Article 45. All the rights, privileges, and immunities 

13452 heretofore possessed by said nations or individuals thereof, or to 

13453 which they were entitled under the treaties and legislation here- 

13454 tofore made and had in connection with them, shall be, and are 

13455 hereby declared to be, in full force, so far as they are consistent 

13456 with the provisions of this treaty. 

13457 Article 46. Of the moneys stipulated to be paid to the 

13458 Choctaws and Chickasaws under this treaty for the cession of 

13459 the leased district, and the admission of the Kansas Indians 

13460 among them, the sum of one hundred and fifty thousand dollars 

13461 shall be advanced and paid to the Choctaws, and fifty thousand 

13462 dollars to the Chickasaws, through their respective treasurers, 

13463 as soon as practicable after the ratification of this treaty, to be 

13464 repaid out of said moneys or any other moneys of said nations 

13465 in the hands of the United States; the residue, not affected by 

13466 any provision of this treaty, to remain in the Treasury of the 

13467 United States at an annual interest of five per cent., no part of 

13468 which shall be paid out as annuity, but shall be annually paid 

13469 to the treasurer of said nations, respectively, to be regularly and 

13470 judiciously applied, under the direction of their respective legis 



302 



13471 lative councils, to the support of their government, the purposes 

13172 of education, and such other objects as may be best calculated 

13473 to promote and advance the welfare and happiness of said na- 

13174 tions and their people respectively. 

13175 Article 47. As soon as practicable after the lands shall 
1317G have been surveyed and assigned to the Choctaws and Chicka- 

13477 saws in severalty, as herein provided, upon application of their 

13478 respective legislative councils, and with the assent of the Pres- 

13479 ident of the United States, all the annuities and funds invested 

13480 and held in trust by the United States for the benefit of said 

13481 nations respectively shall be capitalized or converted into money, 
13182 as the case may be ; and the aggregate amounts thereof belong- 

13483 ing to each nation shall be equally divided and paid per capita 

13484 to the individuals thereof respectively, to aid and assist them 

13485 in improving their homesteads and increasing or acquiring flocks 
1348G and herds, and thus encourage them to make proper efforts to 
13487 maintain successfully the new relations which the holding of 
13188 their lands in severalty will involve : Provided, nevertheless, That 

13489 there shall be retained by the United States such sum as the 

13490 President shall deem sufficient of the said moneys to be invested, 

13491 that the interest thereon may be sufficient to defray the ex- 

13492 penses of the government of said nations respectively, together 

13493 with a judicious system of education, until these objects can be 
13194 provided for by a proper system of taxation ; and whenever 

13495 this shall be done to the satisfaction of the President of the 

13496 United States, the moneys so retained shall be divided in the 

13497 manner and for the purpose above mentioned. 

13498 Article 48. Immediately after the ratification of this treaty 
13199 there shall be paid, out of the funds of the Choctaws and Chick- 

13500 asaws in the hands of the United States, twenty-five thousand dol- 

13501 lars to the Choctaw and twenty-five thousand dollars to the Chick- 

13502 asaw commissioners, to enable them to discharge obligations in- 

13503 curred by them for various incidental and other expenses to which 

13504 they have been subjected, and for which they are now indebted. 

13505 Article 49. And it is further agreed that a commission, 

13506 to consist of a person or persons to be appointed by the Presi- 

13507 dent of the United States, not exceeding three, shall be ap- 

13508 pointed immediately on the ratification of this treaty, who shall 

13509 take into consideration and determine the claim of such Choc- 

13510 taws and Chickasaws as allege that they have been driven during 

13511 the late rebellion from their homes in the Choctaw [and Chick - 

13512 asaw] Xations on account of their adhesion to the United States, 

13513 for damages, with power to make such award as may be con- 

13514 sistent with equity and good conscience, taking into view ail 

13515 circumstances, whose report, when ratified by the Secretary of 

13516 the Interior, shall be final, and authorize the payment of the 



303 



13517 amount from any moneys of said nations in the hands of the 

13518 United States as the said commission may award. 

13510 Article 50. Whereas Joseph G. Healdand Reuben Wright, 

13520 of Massachusetts, were licensed traders in the Choctaw country 

13521 at the commencement of the rebellion, and claim to have sus- 

13522 tained large losses on account of said rebellion, by the use of 

13523 their property by said nation, and that large sums of money 
13521 are due them for goods and property taken, or sold to the mem- 

13525 bers of said nation, and money advanced to said nation : and 

13526 whereas other loyal citizeus of the United States may have 

13527 just claims of the same character : It is hereby agreed and stip- 

13528 ulated that the commission provided for in the preceding arti- 

13529 cle shall investigate said claims, and fully examine the same; 

13530 and such sum or sums of money as shall by the report of said 

13531 commission, approved by the Secretary of the Interior, be found 

13532 due to such persons, not exceeding ninety thousand dollars, 

13533 shall be paid by the United States to the persons entitled 
13531 thereto, out of any money belonging to said nation in the pos- 
13535 session of the United States: Provided, That no claim for goods 
1353G or property of any kind shall be allowed or paid, in whole or 

13537 part, which shall have been used by said nation or any member 

13538 thereof in aid of the rebellion, with the consent of said claim- 

13539 ants : Provided also, That if the aggregate of said claims thus 

13510 allowed and approved shall exceed said sum of ninety thousand 

13511 dollars, then that sum shall be applied pro rata in payment of the 

13512 claims so allowed. 

13513 Article 51. It is further agreed that all treaties and 
13511 parts of treaties inconsistent herewith be, and the same are 
13515 hereby, declared null and void. 

1354G Proclaimed July 10, 18G6. 



13517 COMANCHES AND WICIIETAAVS. 

13518 Treaty with the Comanche and Witclietcao Indians and their asso- 

13519 dated bands. 

13550 For the purpose of establishing and perpetuating peace and 

13551 friendship between the United States of America and the Co- 

13552 manche and Witchetaw Nations, and their associated bands or 

13553 tribes of Indians, and between these nations or tribes and the 
13551 Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw 

13555 Nations or tribes of Indians, the President of the United States 

13556 has, to accomplish this desirable object, and to aid therein, ap- 

13557 pointed Governor M. Stokes, M. Arbuckle, brigdi.-genl. United 

13558 States Army, and F. W. Armstrong, acting superintendent 



304 



13559 Western Territory, commissioners on the part of the United 

13560 States ; and the said Governor M. Stokes, and M. Arbuckle, 

13561 brigdi.-genl. United States Army, with the chiefs and repre- 

13562 seutatives of the Cherokee, Muscogee, Choctaw, Osage, Seneca, 

13563 and Quapaw Nations or tribes of Indians, have met the chiefs, 
13561 warriors, and representatives of the tribes first above named at 

13565 Camp Holmes, on the eastern border of the Grand Prairie, near 

13566 the Canadian Eiver, in the Muscogee Nation, and, after fall delib- 

13567 eration, the said nations or tribes have agreed with the United 

13568 States, and with one another, upon the following articles : 

13569 Article 1. There shall be perpetual peace and friendship 

13570 between ail the citizens of the United States of America and 

13571 all the individuals composing the Comanche and Witchetaw 

13572 Nations and their associated bands or tribes of Indians, and be- 

13573 tween these nations or tribes and the Cherokee, Muscogee, Choc- 
13571 taw, Osage, Seneca, and Quapaw Nations or tribes of Indians. 

13575 Article 2. Every injury or act of hostility by one or either 

13576 of the contracting parties on the other, shall be mutually for- 

13577 given and forever forgot. 

13578 Article 3. There shall be a free and friendly intercourse be* 

13579 tween all the contracting parties 'hereto, and it is distinctly uu- 

13580 derstood and agreed by the Comanche and Witchetaw Nations 

13581 and their associated bands or tribes of Indians, that the citizens 

13582 of the United States are freely permitted to pass and repass 

13583 through their settlements or hunting-ground without molesta- 
13581 tion or injury on their way to any of the provinces of the re- 

13585 public of Mexico, or returning therefrom, and that each of the 

13586 nations or tribes named in this article further agree to pay the 

13587 full value for any injury their people may do to the goods or 

13588 property of the citizens of the United States taken or destroyed, 

13589 when peaceably passing through the country they inhabit, or 

13590 hunt in, or elsewhere. And the United States hereby guaranty 

13591 to any Indian or Indians of either of the said Comanche or 

13592 Witchetaw Nations, and their associated bands or tribes of In- 

13593 dians, a full indemnification for any horses or other property 
13591 which may be stolen from them : Provided, That the property 

13595 so stolen cannot be recovered, and that sufficient proof is pro- 

13596 cluced that it was actually stolen by a citizen of the United 

13597 States, and within the limits thereof. 

13598 Article 1. It is understood and agreed by all the nations 

13599 or tribes of Indians parties to this treaty, that each and all of 

13600 the said nations or tribes have free permission to hunt and trap 

13601 in the Great Prairie west of the Cross Timber, to the western 

13602 limits of the United States. 

13603 Article 5. The Comanche and Witchetaw Nations and their 
13601 associated bands or tribes of Indians, severally agree and bind 



305 



13605 themselves to pay full value for any injury their people may do 

13606 to the goods or other property of such traders as the President 

13607 of the United States may place near to their settlements or hunt- 

13608 ing ground for the purpose of trading with them. 

13609 Article 6. The Comanche and Witchetaw Nations and 

13610 their associated bands or tribes of Indians agree that, in the 

13611 event any of the red people belonging to the nations or tribes 

13612 residing south of the Missouri Eiver and west of the State of 

13613 Missouri, not parties to this treaty, should visit their towns or 
13611 be found on their hunting-ground, that they will treat them with 

13615 kindness and friendship and do no injury to them in any way 

13616 whatever. 

13617 Article 7. Should any difficulty hereafter unfortunately 

13618 arise between any of the nations or tribes of Indians parties here- 

13619 unto, in consequence of murder, the stealing of horses, cattle, or 

13620 other cause, it is agreed that the other tribes shall interpose their 

13621 good offices to remove such difficulties, and also that the Govern- 

13622 ment of the United States may take such measures as they may 

13623 deem proper to effect the same object, and see that full justice is 
13621 done to the injured party. 

13625 Article 8. It is agreed by the commissioners of the United 

13626 States, that in consequence of the Comanche and Witchetaw 

13627 Nations and their associated bands or tribes of Indians having 

13628 freely and willingly entered into this treaty, and it being the 

13629 first they have made with the United States or any of the con- 

13630 tracting parties, that they shall receive presents immediately 

13631 after signing, as a donation from the United States: nothing 

13632 being asked from these nations or tribes in return, except to 

13633 remain at peace with the paites hereto, which their own good 
13631 and that of their posterity require. 

13635 Article 9. The Comanche and Witchetaw Nations and 

13636 their associated bands or tribes of Indians agree, that their en- 

13637 tering into this treaty shall in no respect interrupt their friendly 

13638 relations with the republic of Mexico, where they all frequently 

13639 hunt and the Comanche Xation principally inhabit ; and it is 

13610 distinctly understood that the Government of the United States 

13611 desire that perfect peace shall exist between the nations or 

13612 tribes named in this article and the said republic. 

13613 Article 10. This treaty shall be obligatory on the nations 
13611 or tribes parties hereto from and after the date hereof, and on 

13615 the United States from and after its ratification by the Govern- 

13616 ment thereof. 

13647 Proclaimed May 19, 1836. 

39 I T 



306 



13648 COMANCHES, HMIS, AXADACAS, CADGES, &C. 

13649 Treaty with the Comanches and other tribes. Articles of a treaty 

13650 made and concluded at Council Springs, in the county of Bob- 

13651 inson, Texas, near the Brazos Biver, this loth day of May, 

13652 A. JD. 1816. between P. 21. Butler and 31. G. Lewis, commis- 

13653 sioners on the part of the United States, of the one part, and 
13651 the undersigned chiefs, counsellors, and icarriors of the 

13655 Comanche. 1-on-i. Ana-da-ca. Cadoe, Lepan. Long-wha. Keechy, 

13656 Tah-ica-carro. ^Yi^ehita. and Wacoe tribes of Indians, and 

13657 their associate bands, in behalf of their said tribes, on the 

13658 other part. 

13659 Aeticle 1. The undersigned chiefs, warriors, and connsel- 

13660 lors, for themselves and their said tribes or nations, do hereby 

13661 acknowledge themselves to be under the protection of the United 

13662 States, and of no other power, state, or sovereignty whatever. 

13663 Aeticle 2, It is stipulated and agreed by the said tribes or 
13661 nations, and their associate bands, that the United States shall 

13665 have the sole and exclusive right of regulating trade and iuter- 

13666 course with them, and they do hereby respectively engage to af- 

13667 ford protection to such persons, with their property, as shall be 

13668 duly licensed to reside among them for the purpose of trade and 

13669 intercourse, and to their agents and servants, but no person shall 

13670 be permitted to reside among them as a trader who is not 

13671 furnished with a license for that purpose, under the hand and 

13672 seal of the superintendent to be appointed by the President of 

13673 the United States or such other person as the President shall au- 
13671 thorize to grant such licenses, to the end that said Indians may 

13675 not be imposed on in their trade : and if any licensed trader 

13676 shall abuse his privilege by unfair dealing, upon complaint by 

13677 the chiefs to their agents and proof thereof, his license shall be 

13678 taken from him. and he shall be further punished according to 

13679 the laws of the United States : and if any person shall intrude 

13680 himself as a trader without such license, upon complaint he shall 

13681 be dealt with according to law. 

13682 Aeticle 3. Stricken out. 

13683 Aeticle 1. The said tribes and their associate bands agree 
13681 to deliver, by the first day of November next, to the superintend- 

13685 ent of Indian affairs to be appointed by the President, at such 

13686 place as he may direct, due notice of which shall be given to the 

13687 said tribes, all white persons and negroes who are now prisoners 

13688 among any of the said tribes or nations, for which the United 

13689 States agree to make to them a fair compensation : and the 

13690 United States further agree to mahe [that ] all the prisoners taken 



307 



13691 from said tribes by Texas or the United States, shall be deliv- 

13692 ered up to the said tribes, at the same time and place, without 

13693 charge. And when any member of any of said tribes or nations, 

13694 and their associate bauds, having in his possession an Ameri- 

13695 can prisoner or prisoners, white or black, shall refuse to give 

13696 them up, the President of the United States shall have the privi- 

13697 lege of sending among said tribes or nations such force as he 

13698 may think necessary to take them ; and the chiefs of the nations 

13699 or tribes, parties to this treaty, pledge themselves to give pro- 

13700 tection and assistance to such persons as may be sent among 

13701 them for this purpose. 

13702 Article 5. Stricken out. 

13703 Article 6. The said tribes and their associate bands pledge 
13701 themselves to give notice to the agent of the United States re- 

13705 siding near them of any designs which they may know or sus- 

13706 pect to [bej formed in any neighboring tribe, or by any per^ 

13707 son whatever, against the peace and interests of the United 

13708 States. 

13709 Article 7. It is agreed that, if any Indian or Indians shall 

13710 commit a murder or robbery on any citizen of the United States, 

13711 the tribe or nation to which the offender belongs shall deliver 

13712 up the person or persons so complained of, on complaint being 

13713 made to their chief, to the nearest post of the United States, to 
13711 the end that he or they may be tried, and if found guilty, pun- 

13715 ished, according to the law of the State or Territory where such 

13716 offence may have been committed. In like mauuer, if any sub 

13717 ject or citizen of the United States shall commit murder or rob- 

13718 bery on any Indian or Indians of the said tribes or nations, upon 

13719 complaint thereof to the ageut residing near them, he or they 

13720 shall be arrested, tried, and punished according to the law of 

13721 the State or Territory where such offence may have been coin- 

13722 mitted. 

13723 Article 8. The practice of stealing horses has prevailed 
13721 very much to the great disquiet of the citizens of the United 

13725 States, and, if persisted in, cannot fail to involve both the United 

13726 States and the Indians in endless strife. It is therefore agreed 

13727 that it shall be put an entire stop to on both sides. Xeverthe- 

13728 less, should bad men, in defiance of this agreement, continue to 

13729 make depredations of that nature, the person convicted thereof 

13730 shall be punished with the utmost severity, according to the 

13731 laws of the State or Territory where the offence may have been 

13732 committed ; and all horses so stolen, either by the Indians from 

13733 the citizens of the United States or by the citizens of the United 
13731 States from any of the said tribes or nations, into whose posses- 

13735 sion soever they may have passed , upou due proof of rightful 

13736 ownership, shall be restored: and the chiefs of said tribes or 



308 



13737 nations shall give all necessary aid and protection to citizens of 
1373S the United States in reclaiming and recovering such stolen 
13739 horses ; and the civil magistrates of the United States, respect- 

13710 ively, shall give all necessary aid and protection to Indians in 

13711 claiming and recovering such stolen horses. 

13712 Article 9. For the protection of said Indians and for the 

13713 purpose of carrying out the stipulations of this treaty more 
13711 effectually, the President shall, at his discretion, locate upon 
13715 their borders trading-houses, agencies, and posts. In considera- 
13746 tion of the friendly disposition of said tribes, evidenced by the 

13717 stipulations in the present treaty, the commissioners of the 

13718 United States, in behalf of the said States, agree to give to the 

13719 said tribes or nations goods, as presents, at this time, and agree 

13750 to give presents in goods to them, to the amount of ten thousand 

13751 dollars, at such time as the President of the United States may 

13752 think proper, [a) at the Council Springs, on the Brazos, where 

13753 this council is now held, or at some other point to be designated, 

13751 and of which due notice shall be given to said tribes. 

13755 Article 10. The said tribes or nations and their associate 

13756 bands are now, and forever agree to remain, at peace with the 

13757 United States. All animosities for past offences are hereby 

13758 mutually forgiven and forgotten, and the parties to this treaty 

13759 pledge themselves to carry it into full execution, in good faith 

13760 and sincerity. 

13761 Article 11. And the said tribes and their associate bands 

13762 are now, and agree to remain, friendly with such tribes as are 

13763 now at peace with the United States, residing upon the waters 
13761 of the Arkansas, Missouri, and Eed Elvers. 

13765 Article 12. If any person or persons shall introduce ardent 

13766 spirits or intoxicating liquors of any kind among said tribes or 

13767 nations, such person or person [persons] shall be punished ac- 

13768 cording to the laws of the United States, and the said tribes or 

13769 nations agree to give immediate notice to the agent of the 

13770 United States residing near them, and to prevent by any means 

13771 in their power the violation of this article of treaty. 

13772 Article 13. It is further agreed that blacksmiths shall be 

13773 sent to reside among the said tribes or nations, to keep their 
13771 guns and farming-utensils in order, as long and in such manner 

13775 as the President may think proper. It is further agreed that 

13776 school-teachers, at the discretion of the President, shall be sent 

13777 among the said tribes or nations for the purpose of instructing 

13778 them; and the said tribes or nations agree that preachers of the 

13779 gospel may travel or reside among them by permission of the 

13780 President or his agents to be appointed, and that ample protec- 

13781 tion shall be afforded them in the discharge of their duties. 

13752 Article 14. The said tribes or nations, parties to this treaty, 



309 



13783 are anxious to be at peace with all other tribes or nations, and 

13784 it is agreed that the President shall use his exertions, in such 

13785 manner as he may think proper, to preserve friendly relations 

13786 between the different tribes or nations parties to this treaty, 

13787 and all other tribes of Indians under his jurisdiction. 

13788 Proclaimed March 8, 1847. 



13789 COMANCHES, KIOWAS, AND APACHES. 

13790 Franklin Pierce, President of the United States of America, to all 

13791 and singular to whom these presents shall come, greeting : 

13792 Whereas a treaty was made and concluded at Fort Atkin- 

13793 son, on the twenty-seventh clay of July, A. D. one thousand 

13794 eight hundred and fifty-three, between the United States of 

13795 America, by Thomas Fitzpatriek, Indian agent, and sole com- 

13796 missioner duly appointed for that purpose, and the chiefs and 

13797 head-men of the Camahche, Kiowa, and Apache tribes or nations 

13798 of Indians, which treaty is in the words following, to wit : 

13799 Articles of a treaty, made and concluded at Fort Atkinson, in 

13800 the Indian Territory, of the United States of America, on 

13801 the 27th day of July, anno Domini eighteen hundred and 

13802 fifty-three, between the United States of America, by 

13803 Thomas Fitzpatriek, Indian agent, and sole commissioner, 

13804 duly appointed for that purpose, and the Camauche, and 

13805 Kiowa, and Apache tribes or nations of Indians, inhabiting 

13806 the said Territory south of the Arkansas Kiver. 

13807 Article 1. Peace, friendship, and amity shall hereafter 

13808 exist between the United States and the Camauche, and Kiowa, 

13809 and Apache tribes of Indians, parties to this treaty, and the 

13810 same shall be perpetual. 

13811 Article 2. The Camauche, Kiowa, and Apache tribes of 

13812 Indians do hereby jointly and severally covenant that peaceful 

13813 relations shall likewise be maintained amongst themselves in 

13814 future ; and that they will abstain from all hostilities whatsoever 

13815 against each other, and cultivate mutual good-will and friend- 

13816 ship. 

13817 Article 3. The aforesaid Indian tribes do also hereby 

13818 fully recognize and acknowledge the right of the United States 

13819 to lay off and mark out roads or highways, to make reserva- 

13820 tions of land necessary thereto, to locate depots, and to estab- 

13821 lish military and other posts within the territories inhabited by 

13822 the said tribes; and also to prescribe and enforce, in such man- 

13823 ner as the President or the Congress of the United States shall 

13824 from time to time direct, rules and regulations to protect the 

13825 rights of persons and property among the said Indian tribes. 



310 



13826 Article 4. The Cainanche, Kiowa, and Apache tribes. 

13827 parries as before recited, do further agree and bind themselves 

13828 to make restitution or satisfaction for any injuries done by any 

13829 band or any individuals of their respective tribes to the people 

13530 of the United States who may be lawfully residing in or passing 

13531 through their said territories : and to abstain hereafter from 
13832 levying contributions from, or molesting them in any manner; 

13533 and. so far as may be in their power, to render assistance to 

13534 such as need relief, and ro facilitate their safe passage. 

13835 Article 5. The Camanche. and Kiowa, and Apache tribes 

13536 of Indians, parries to this treaty, do hereby solemnly covenant 

13537 and agree to refrain in future from warlike incursions into the 

13535 Mexican provinces, and from all depredations upon rhe inhab- 
13S39 itants thereof; and they do likewise bind themselves to restore 
13840 all captives that may hereafter be taken by any of the bands, 
13S41 war-parries, or individuals of rhe said several tribes, from the 
13842 Mexican provinces aforesaid, and to make proper and just com- 
13543 pensation for any wrongs that may be inflicted upon the people 
13844 thereof by them, either to the United Stares or ro rhe Eepublic 
13545 of Mexico, as rhe President of rhe United Stares may direct and 
13846 require. 

13547 Article 0. In considerarion of rhe foregoing agreements 

1354^ on rhe parr of rhe Camanche. and Kiowa, and Apache tribes. 

13849 parries ro this treaty, of the losses which they may sustain by 

13850 reason of the travel of rhe people of rhe United States through 

13851 their territories, ami for the better support, and the improve- 

13852 ment of the social condition of the said tribes, the United 

13553 States do bind themselves, and by these presents stipulate to 

13554 deliver to the Camanche. Kiowa, and Apache tribes aforesaid. 

13855 rhe sum of eighteen thousand dollars per annum, for and during 

13856 rhe rerm of ten years nexr ensuing from rhis dare, and for rhe 

13857 additional term of rive years, if. in rhe opinion of rhe President 

13858 of rhe United Srares. such extension shall be advisable : the 

13859 same ro be given ro them in goods, merchandise, provisions, or 

13560 agricultural implements, or in such shape as may be best 

13561 adapred ro rheir wants, and as rhe President of the United 
1356i' States may designate, and ro be distributed amongst the said 

13563 several tribes in proportion to the respective numbers of each 

13564 tribe. 

13865 Article 7. The United States do moreover bind themselves, 

13566 in considerarion of rhe covenants contained in the preceding 

13567 articles of rhis treaty, ro protect and defend rhe Indian tribes. 

13565 parries herero, agaiusr rhe committal of any depredations upon 
13569 them, and in rheir territories, by rhe people of rhe United 
13870 Srates. for and during rhe rerm for which rhis treaty shall be in 



311 



13871 force, and to compensate them for any injuries that may result 

13872 therefrom. 

13873 Article; 8. It is also stipulated and provided, by and be- 
13871 tween the parties to this treaty, that should any of the Indian 

13875 tribes aforesaid violate any of the conditions, provisions, or 

13876 agreements herein contained, or fail to perform any of the obli- 

13877 gatioDS entered into on their part, then the United States may 

13878 withhold the whole or a part of the annuities mentioned in the 

13879 sixth article of this treaty, from the tribe so offending, until, in 

13880 the opinion of the President or the Congress of the United States, 

13881 proper satisfaction shall have been made, or until persons 

13882 amongst the said Indians offending against the laws of the 

13883 United States shall have been delivered up to justice. 

13881 Article 9. It is also consented to and determined between 

13885 the parties hereto, that the annuities to be given on the part of 

13886 the United States, as provided in the sixth article of this treaty, 

13887 shall be delivered to the said Indian tribes collectively, at or in 

13888 the vicinity of Beaver Creek, yearly, during the month of July 

13889 in each year, until some other time and place shall have been 

13890 designated by the President of the United States, in which 

13891 event the said Indian tribes shall have due notice thereof, and 

13892 the place of distribution which may be selected shall always be 

13893 some point within the territories occupied by the said tribes. 
13891 Article 10. It is agreed between the United States and 

13895 the Camanche, Kiowa, and Apache tribes of Indians, that 

13896 should it at any time hereafter be considered by the United 

13897 States as a proper policy to establish farms among and for the 

13898 benefit of said Indians, it shall be discretionary with the Presi- 

13899 dent, by and with the advice and consent of the Senate, to 

13900 change the annuities herein provided for, or any part thereof, 

13901 into a fund for that purpose. 

13902 In witness whereof, the said Thomas Fitzpatrick, Indian 

13903 agent, and sole commissioner on the part of the United States. 
13901 and the undersigned chiefs and head-men of the Camanche, and 

13905 Kiowa, and Apache tribes or nations, have hereunto set their 

13906 hands, at Fort Atkinson, in the Indian Territory of the United 

13907 States, this twenty-seventh day of July, A. D. eighteen hundred 

13908 and fifty-three. 

13909 Proclaimed 12th February, 1851. 



312 



13910 Treaty between the United States of America and the Kiowa, Co^ 

13911 manche, and Apache tribes of Indians; concluded October 

13912 21, 1867 ; ratification advised July 25, 1868, 

13913 Andrew Johnson, President of the United States of America, 
13911 to all and singular to whom these presents shall come, 

13915 greeting : 

13916 Whereas a treaty was made and concluded at the Council 

13917 Camp, on Medicine Lodge Creek, seventy miles south of Fort 

13918 Larned, in the State of Kansas, on the twenty-first day of Octo- 

13919 ber, in the year of our Lord one thousand eight hundred and 

13920 sixty-seven, by and between N. G. Taylor, Brevet Major-Gen- 

13921 era! William S. Harney, Brevet Major-General C. C. Augur, Bre- 

13922 vet Major-General Alfred H. Terry, John B. Sanborn, Sam- 

13923 uel F. Tappan, and J. B. Henderson, commissioners, on the 
13921 part of the United States, and Satanka, (Sitting Bear,) 

13925 Sa-Tan-Ta, (White Bear,) Parry-W r ak-Say-Men, (Ten Bears,) 

13926 Tep-Pe-Navon, (Painted Lips,) Mali- Yip-Pah, (Wolf's Sleeve,) 

13927 KonZhon-Ta-Co, (Poor Bear,) and other chiefs and head- 

13928 men of the Kiowa, Comanche, and Apache tribes of Indians, 

13929 on the part of said Indians, and duty authorized thereto 

13930 by them, which treaty is in the words and figures following, 

13931 to wit : 

13932 Articles of a treaty concluded at the Council Camp on Medicine 

13933 Lodge Creek, seventy miles south of Fort Larned, in the 
13931 State of Kansas, on the twenty-first day of October, eighteen 

13935 hundred and sixty-seven, by and between the United States 

13936 of America, represented by its commissioners duly ap- 

13937 pointed thereto, to wit : Nathaniel G. Taylor, William S. 

13938 Harney, C. C. Augur, Alfred S. [H.| Terry, John B. San- 

13939 born, Samuel F. Tappan, and J. B. Henderson, of the one 

13910 part, and the Kiowa, Comanche, and Apache Indians, rep- 

13911 resented by their chiefs and head-men duly authorized and 

13912 empowered to act for the body of the people of said tribes, 

13913 (the names of said chiefs and head-men being hereto sub- 
13911 scribed,) of the other part, witness: 

13915 Whereas, on the twenty-first day of October, eighteen hun- 

13916 clred and sixty-seven, a treaty of peace was made and entered 

13917 iuto at the Council Camp, on Medicine Lodge Creek, seventy 

13918 miles south of Fort Larned, in the State of Kansas, by and 

13949 between the United States of America, by its commissioners, 

13950 Nathaniel G. Taylor, William S. Harney, C. C. Augur, Alfred 

13951 H. Terry, John B. Sanborn, Samuel F. Tappan, and J. B. Hen- 

13952 derson, of the one part, and the Kiowa and Comanche tribes of 

13953 Indians, of the Upper Arkansas, by and through their chiefs and 

13954 head-men, whose names are subscribed thereto, of the other 



313 



13955 part, reference being had to said treaty ; and whereas, since the 

J 8956 making and signing of said treaty, at a council held at said 

13957 camp on this day, the chiefs and head-men of the Apache Nation 

13958 or tribe of Indians express to the commissioners on the part of 

13959 the United States, as aforesaid, a wish to be confederated with 

13960 the said Kiowa and Comanche tribes, and to be placed in every 

13961 respect upon an equal footing with said tribes; and whereas, at 

13962 a council held at the same place and on the same day, with the 

13963 chiefs and head-men of the said Kiowa and Comanche tribes 

13964 they consent to the confederation of said Apache tribe, as de- 

13965 sired by it, upon the terms and conditions hereinafter set forth 

13966 in this supplementary treaty : Now, therefore, it is hereby stip- 

13967 ulated and agreed, by and between the aforesaid commissioners 

13968 on the part of the United States and the chiefs aud head-men 

13969 of the Kiowa and Comanche tribes, and also the chiefs and head- 

13970 men of the said Apache tribe, as follows, to wit: 

13971 Article 1. The said Apache tribe of Indians agree to 

13972 confederate and become incorporated with the said Kiowa and 

13973 Comanche Indians, and to accept as their permanent home the 

13974 reservation described in the aforesaid treaty with said Kiowa 

13975 and Comanche tribes, concluded as aforesaid at this place, and 

13976 they pledge themselves to make no permanent settlement at 

13977 any place nor on any lands outside of said reservation. 

13978 Article 2. The Kiowa and Comanche tribes, on their part, 

13979 agree that all the benefits and advantages arising from the em- 

13980 ployment of physicians, teachers, carpenters, millers, engineers, 

13981 farmers, and blacksmiths, agreed to be furnished under the pro- 

13982 visions of their said treaty, together with all the advantages to 

13983 be derived from the construction of agency buildings, ware* 

13984 houses, mills, and other structures, and also from the establish- 

13985 ment of schools upon their said reservation, shall be jointly and 

13986 equally^ shared and enjoyed by the said Apache Indians, as 

13987 though they had been originally a part of said tribes ; and they 

13988 further agree that all other benefits arising from said treaty shall 

13989 be jointly and equally shared as aforesaid. 

13990 Article 3. The United States, on its part, agrees that 

13991 clothing and other articles named in Article X of said original 

13992 treaty, together with all money or other annuities agreed to be 

13993 furnished under any of the provisions of said treaty, to the Kio- 

13994 was and Comanches, shall be shared equally by the Apaches. 

13995 In all cases where specific articles of clothing are agreed to be 

13996 furnished to the Kiowas and Comanches, similar articles shall 

13997 be furnished to the Apaches, and a separate census of the 

13998 Apaches shall be annually taken and returned by the agent, as 

13999 provided for the other tribes. And the United States further 

14000 agrees, in consideration of the incorporation of the said Apaches. 

40 I T 



314 



14001 to increase the annual appropriation of money, as provided for 

11002 in Article X of said treaty, from twenty-five thousand to thirty 

11003 thousand dollars; and the latter amount shall be annually ap- 
11001 propriated, for the period therein named, for the use and benefit 

11005 of said three tribes, confederated as herein declared ; and the 

11006 clothing and other annuities, which may from time to time be 

11007 furnished to the Apaches, shall be based upon the census of the 

11008 three tribes, annually to be taken by the agent, and shall be 

11009 separately marked, forwarded, and delivered to them at the 

11010 agency house, to be built under the provisions of said original 

11011 treaty. 

11012 Article 4. In consideration of the advantages conferred 

11013 by this supplementary treaty upon the Apache tribe of Indians, 
11011 they agree to observe and faithfully comply with all the stipula- 

11015 tions and agreements entered into by the Kiowas and Comanches 

11016 in said original treaty. They agree, in the same manner, to keep 

11017 the peace toward the whites and all other persons under the ju- 

11018 risdiction of the United States, and to do and perform all other 

11019 things enjoined upon said tribes by the provisions of said treaty ; 

11020 and they hereby give up and forever relinquish to the United 

11021 States all rights, privileges, and grants now vested in them, or 

11022 intended to be transferred to them by the treaty between the 

11023 United States and the Cheyenne and Arapahoe tribes of Indians, 
11021 concluded at the camp on the Little Arkansas Eiver, in the State 

11025 of Kansas, on the fourteenth day of October, one thousand eight 

11026 hundred and sixty-five, and also by the supplementary treaty, 

11027 concluded at the same place on the seventeenth day of the same 

11028 month, between the United States, of the one part, and the 

11029 Cheyenne, Arapahoe, and Apache tribes, of the other part. 

11030 Proclaimed August 25, 1858. 



11031 CAMANCHES AND KIOWAS. 



11032 Treaty between the United States of America and the Camanche 

11033 and Kiowa tribes of Indians, concluded October 18, 1865 ; 
11031 ratification advised May 22, 1866. 

11035 Andrew Johnson, President of the United States of America, 

11036 to all and singular to whom these presents shall come, 

11037 greeting : 

11038 Whereas a treaty was made and concluded at the council- 

11039 ground on the Little Arkansas Eiver, in the State of Kansas, on 

11010 the eighteenth day of October, in the year of our Lord one 

11011 thousand eight hundred and sixty-five, by and between John B. 



315 



14042 Sanborn, William S. Harney, Kit Carson, William W. Bent, James 

14043 Steele, Thomas Murphy, and J. II. Leavenworth, commissioners. 

14044 onthepartof the United States, andTab-e-nan-i-kah, (RisingSun, ) 

14045 Esh-e-tave-pa-rah, (Female Infant,) and other chiefs and head- 
1404G men, on the part of the Oamanche bands of Indians, and Queil- 

14047 park, (Lone Wolf,) Wah-toh-konk, (Black Eagle,) and other 

14048 chiefs and head-men, on the part of the Kiowa tribe of Indians, 

14049 all of which chiefs and head-men were duly authorized thereto 

14050 by their respective bands and tribes, which treaty is in the words 

14051 and figures following, to wit: 

14052 Articles of a treaty made and concluded at the council-ground 

14053 on the Little Arkansas River, eight miles from the mouth 

14054 of said river, in the State of Kansas, on the eighteenth day 

14055 of October, in the year of our Lord one thousand eight 
14050 hundred and sixty-five, by and between John B. Sanborn, 

14057 William S. Harney, Thomas Murphy, Kit Carson, William 

14058 W. Bent, Jesse H. Leavenworth, and James Steele, com- 

14059 missioners on the part of the United States, and the under- 

14060 signed chiefs and head-men of the several bands of Camanche 
14061* Indians specified in connection with their signatures, and 

14062 the chiefs and head-men of the Kiowa tribe of Indians, the 

14063 said chiefs and head-men by the said bands and tribes being 

14064 thereunto duly authorized. 

14065 Article 1. It is agreed by the parties to this treaty that 
14086 hereafter perpetual peace shall be maintained between the peo- 

14067 pie and Government of the United States and the Indians 

14068 imrties hereto, and that the Indians parties hereto shall forever 

14069 remain at peace with each other and with all other Indians who 

14070 sustain friendly relations with the Government of the United 
1407 L States. 

14072 For the purpose of enforcing the provisions of this article, 

14073 it is agreed that in case hostile acts or depredations are com- 

14074 mitted by the people of the United States, or by the Indians on 

14075 friendly terms with the United States, against the tribe or tribes 

14076 or the individual members of the tribe or tribes who are parties 

14077 to this treaty, such hostile acts or depredations shall not be re- 

14078 dressed by a resort to arms, but the party or parties aggrieved 

14079 shall submit their complaints, through their agent, to the Pres 

14080 ident of the United States, and thereupon an impartial arbitra- 

14081 tion shall be had under his direction, and the award thus made 

14082 shall be binding on all parties interested, and the Government 
140S3 of the United States will in good faith enforce the same. 

14084 And the Indians parties hereto, on their part, in case crimes 

14085 or other violations of law shall be committed by any person or 

14086 persons members of their tribe, such person or persons shall, 

14087 upon complaint being made in writing to their agent, superin- 



ol<3 



14088 tendent of Indian affairs, or to other proper authority, by the 

14089 party injured, and verified by affidavit, be delivered to the per- 

14090 son duly authorized to take such person or persons into custody, 

14091 to the end that such person or persons may be punished accord- 

14092 ing to the laws of the United States. 

14093 Article 2. The United States hereby agree that the dis- 

14094 trict of country embraced within the following limits, or such 

14095 portion of the same as may hereafter from time to time be desig- 

14096 nated by the President of the United States for that purpose, 

14097 viz, commencing at the northeast corner of New Mexico, thence 

14098 south to the southeast corner of the same, thence northeast- 

14099 wardly to a point on main Bed Elver opposite the mouth of the 

14100 North Fork of said river, thence down said river to the 98th degree 

14101 of west longitude, thence due north on said meridian totheCima- 

14102 rone river, thence up said river to a point where the same crosses 

14103 the southern boundary of the State of Kansas, thence along said 

14104 southern boundary of Kansas to the southwest corner of said 

14105 State, thence west to the place of beginning, shall be, and is hereby, 

14106 set apart for the absolute and undisturbed use and occupation of 

14107 the tribes who are parties to -this treaty, and of such other 

14108 friendly tribes as have heretofore resided within said limits, or 

14109 as they may from time to time agree to admit among them, and 

14110 that no white person except officers, agents, and employes of 

14111 the Government shall go upon or settle within the country em- 

14112 braced within said limits, unless formally admitted and incor- 

14113 porated into some one of the tribes lawfully residing there, ac- 

14114 cording to its laws and usages. The Indians parties hereto on 

14115 their part expressly agree to remove to and accept as their per- 

14116 manent home the country embraced within said limits, whenever 

14117 directed so to do by the President of the United States, in 

14118 accordance with the provisions of this treaty, and that they will 

14119 not go from said country for hunting purposes without the con- 

14120 sent in writing of their agent or other authorized person, speei- 

14121 fying the purpose for which such leave is granted, and such 

14122 written consent in all cases shall be borne with them upon their 

14123 excursions, as evidence that they are rightfully away from their 

14124 reservation, and shall be respected by all officers, employes, and 

14125 citizens of the United States, as their sufficient safeguard and 

14126 protection against injury or damage in person or property, by 

14127 any and all persons whomsoever. It is further agreed by the In- 

14128 dians parties hereto, that when absent from their reservation, 

14129 they will refrain from the commission of any depredations or in- 

14130 juries to the person or property of all persons sustaining friendly 

14131 relations with the Government of the United States; that they 

14132 will uot while so absent encamp, by day or night, within ten 

14133 miles of any of the main travelled routes or roads through the 



317 



14134 country to which, they go, or of the military posts, towns, or vil- 

14135 lages therein, without the consent of the commanders of such 

14136 military posts, or of the civil authorities of such towns or villages, 

14137 and that henceforth they will, and do hereby, relinquish all claims 

14138 or rights in and to any portion of the United States or territo- 

14139 ries, except such as is embraced within the limits aforesaid, and 

14140 more especially their claims and rights in and to the country 

14141 north of the Gimarone River, and west of the eastern boundary 

14142 of New Mexico. 

14143 Article 3. It is further agreed that until the Indians par- 

14144 ties hereto have removed to the reservation provided for by the 

14145 preceding article, in pursuance of the stipulations thereof, said 

14146 Indians shall be, and they are hereby, expressly permitted to reside 

14147 upon and range at pleasure throughout the unsettled portions of 

14148 that part of the country they claim as originally theirs, which lies 

14149 south of the Arkansas River, as well as the country embraced 

14150 within the limits of the reservation provided for by the preceding 

14151 article, and that they shall and will not go elsewhere, except upon 

14152 the terms and conditions prescribed by the precediug article inrela- 

14153 tion to leaving said reservation: Provided, That the provisions 

14154 of the preceding article in regard to encamping within ten miles 

14155 of main travelled routes, military posts, towns, and villages, 

14156 shall be in full force as to the privileges granted by this article : 

14157 And provided further, That they, the said Indians, shall and will 

14158 at all times, and without delay, report to the commander of the 

14159 nearest military post the presence in, or approach to, said 

14160 country of any hostile band or bands of Indians whatever. 

14161 Article 4. It is further agreed by the parties hereto that 

14162 the United States may lay off and build through the reservation, 

14163 provided for by Article 2 of this treaty, roads or highways as 

14164 may be deemed necessary, and may also establish such military 

14165 x^osts within the same as may be found necessary, in order to 

14166 preserve peace among the Indians, and in order to en- 

14167 force such laws,, rules, and regulations as are now or may from 

14168 time to time be prescribed by the President and Congress of the 

14169 United States for the protection of the rights of persons and 

14170 property among the Indians residing upon said reservation ; and 

14171 further, that in time of war such other military posts as may be 

14172 considered essential to the general interests of the United States 

14173 may be established: Provided, however, That upon the building 

14174 of such roads, or establishment of such military posts, the 

14175 amount of injury sustained by reason thereof by the Indians in- 

14176 habiting said reservation shall be ascertained under direction of 

14177 the President of the United States, and thereupon such com- 

14178 pensation shall be made to said Indians as, in the judgment of 



318 



14179 the Congress of the United States, may be deemed just and 

11180 proper. 

11181 Article 5. Superseded by Article 10 of treaty of October 21, 

14182 1867, page 322. 

14183 Article 6. The Indians parties to this treaty expressly 

14184 covenant and agree that they will use their utmost endeavors 

14185 to induce that portion of the respective tribes not now present 

14186 to unite with them and accede to the provisions of this treaty, 

14187 which union and accession shall be evidenced and made binding 

14188 on all parties whenever such absentees shall have participated 

14189 in the beneficial provisions of this treaty. 

14190 Proclaimed .May 26, 1866. 

14191 Treaty between the United States of America and the Kiowa and 

14192 Comanche tribes of Indians, concluded October 21, 1867 5 

14193 ratification advised July 25, 1868 ; proclaimed August 25, 
14191 1868. 

14195 Andrew Johnson, President of the United States of America, 

14196 to all and singular to whom these presents shall come, 

14197 greeting : 

14198 [Note by the Department of State. — The words of this 

14199 treaty which are put in brackets with an asterisk are written in 

14200 the original with black pencil, the rest of the original treaty 

14201 being written with black ink.] 

14202 Whereas a treaty was made and concluded at the Council 

14203 Gamp, on Medicine Lodge Creek, seventy miles south of Fort 

14204 Larned, in the State of Kansas, on the twenty-first day of Oc- 

14205 tober, in the year of our Lord one thousand eight hundred and 

14206 sixty-seven, by and between N. G. Taylor, Brevet Major- General 

14207 William S. Harney, Brevet Major-General C. C. Augur, Brevet 

14208 Major-General Alfred H. Terry, John B. Sanborn, Samuel F. 

14209 Tappan, and J. B. Henderson, commissioners on the part of the 

14210 United States, and Satank, (Sitting Bear,) Sa-Tan-Ta, (White 

14211 Bear,) Parry- Wah-Say-Men, (Ten Bears,) and Tep-Pe-Navon, 

14212 (Painted Lips,) and other chiefs and head-men of the Kiowa and 

14213 Comanche tribes of Indians, on the part of said Indians, and 

14214 duly authorized thereto by them, which treaty is in the words 

14215 and figures following, to wit: 

14216 Articles of a treaty and agreement made and entered into at the 

14217 Council Camp, on Medicine Lodge Creek, seventy miles south 

14218 of Fort Larned, in the State of Kansas, on the twenty-first 

14219 day of October, one thousand eight hundred and sixty- 

14220 seven, by and between the United States of America, repre- 

14221 sented by its commissioners duly appointed thereto, to wit, 



319 



14222 Nathaniel G. Taylor, William S. Harney, C. 0. Augur, 

14223 Alfred S. [H.] Terry, John B. Sanborn, Samuel F. Tappan, 

14224 and J. B. Henderson, of the one part, and the confederated 

14225 tribes of Kiowa and Comanche Indians, represented by 

14226 their chiefs and head-men, duly authorized and empowered 

14227 to act for the body of the people of said tribes, (the names 

14228 of said chiefs and head-men beiug hereto subscribed,) of the 

14229 other part, witness : 

14230 Article 1. From this day forward all war between the 

14231 parties to this agreement shall forever cease. 

14232 The Government of the United States desires peace, and 

14233 its honor is here pledged to keep it. The Indians desire peace, 

14234 and they now pledge their honor to maintain it. If bad men 

14235 among the whites, or among other people subject to the 

14236 authority of the United States, shall commit any wrong upon 

14237 the person or property of the Indians, the United States will, 

14238 upon proof made to the agent and forwarded to the Commis- 

14239 sioner of Indian Affairs at Washington City, proceed at once to 

14240 cause the offender to be arrested and punished according to the 

14241 laws of the United States, and also re imburse the injured person 

14242 for the loss sustained. 

14243 If bad men among the Indians shall commit a wrong or 

14244 depredation upon the person or property of any one, white, 

14245 black, or Indians, subject to the authority of the United States 

14246 and at peace therewith, the tribes herein named solemnly agree 

14247 that they will, on proof made to their agent and notice by him, 

14248 deliver up the wrong-doer to the United States, to be tried and 

14249 punished according to its laws, and in case they wilfully refuse 

14250 so to do, the person injured shall be re imbursed for his loss from 

14251 the annuities or other moneys due or to become due to them 

14252 under this or other treaties made with the United States. And 

14253 the President, on advising with the Commissioner of Indian 

14254 Affairs, shall prescribe such rules and regulations for ascertain- 

14255 ing damages under the provisions of this article as, in his judg- 

14256 ment, may be proper ; but no such damages shall be adjusted 

14257 and paid until thoroughly examined and passed upon by the 

14258 Commissioner of Indian Affairs and the Secretary of the Inte- 

14259 rior ; and no one sustaining loss, while violating or because of 

14260 his violating the provisions of this treaty or the laws of the 

14261 United States, shall be re-imbursed therefor. 

14262 Article 2. The United States agrees that [the*] following 

14263 district of country, to wit: commencing at a point where the 

14264 Washita Biver crosses the 98th meridian west from Greenwich ; 

14265 thence up the Washita Biver, in the middle of the main channel 

14266 thereof, to a point thirty miles, by river, west of Fort Cobb, as 

14267 now established ; thence due west to the north fork of Bed 



320 



14268 River, provided said line strikes said river east of the one hun- 

14269 dredth meridian of west longitude; if not, then only to said 

14270 meridian-line, and thence south, on said meridian line, to the 

14271 said north fork of Red River ; thence down said north fork, in 

14272 the middle of the main channel thereof, from the point where it 

14273 may he first intersected by the lines above described, to the 

14274 main Red River; thence down said river, in the middle of the 

14275 main channel thereof, to its intersection with the ninety-eighth 

14276 meridian of longitude west from Greenwich; thence north, on 

14277 said meridian-line, to the place of beginning, shall be, and the 

14278 same is hereby, set apart for the absolute and undisturbed use 

14279 and occupation of the tribes herein named, and for such other 

14280 friendly tribes or individual Indians as, from time to time, they 

14281 may be willing [with the consent of theJJnited States*] to admit 

14282 among them ; and the United States now solemnly agrees that 

14283 no persons except those herein authorized so to do, and except 

14284 such officers, agents, and employes of the Government as may be 

14285 authorized to enter upon Indian reservation in discharge of 
11286 duties enjoined by law, shall ever be permitted to pass over, settle 

14287 upon, or reside in the territory described in this article, or in 

14288 such territory as may be added to this reservation, for the use 

14289 of said Indians. 

14290 Article 3. If it should appear from actual survey or other 

14291 satisfactory examination of said tract of land that it contains 

14292 less than one hundred and sixty acres of tillable land for each 

14293 person who, at the time, may be authorized to reside on it under 

14294 the provisions of this treaty, and a very considerable number of 

14295 such persons shall be disposed to commence cultivating the soil 

14296 as farmers, the United States agrees to set apart for the use of 

14297 said Indians, as herein provided, such additional quantity of 

14298 arable land adjoining to said reservation, or as near the same 

14299 as it can be obtained, as may be required to provide the neces- 

14300 sary amount. 

14301 Article 4. The United States agrees, at its own proper ex- 

14302 pense, to construct, at some place near the centre of said reser- 

14303 vation, where timber and water may be convenient, the folio w- 

14304 ing buildings, to wit : A warehouse or store-room for the use of 

14305 the agent, in storing goods belonging to the Indians, to cost not 

14306 exceeding fifteen hundred dollars; an agency-building for the 

14307 residence of the agent, to cost not exceeding three thousand 

14308 dollars ; a residence for the physician, to cost not more than three 

14309 thousand dollars ; and five other buildings, for a carpenter, 

14310 farmer, blacksmith, miller, and engineer, each to cost not ex- 

14311 ceeding two thousand dollars ; also a school-house or mission- 

14312 building, so soon as a sufficient number of children can be in- 



321 



14313 duced by the agent to attend school, which .shall not cost exceed- 

14314 ing five thousand dollars. 

14315 The United States agrees further to cause to be erected on 

14316 said reservation, near the other buildings herein authorized, a 

14317 good steam circular-saw mill, with a grist-mill and shingle-ma- 

14318 chine attached ; the same to cost not exceeding eight thousand 

14319 dollars. 

14320 Article 5. The United States agrees that the agent for the 

14321 said Indians in the future shall make his home at the agency- 

14322 building 5 that he shall reside among them, and keep an office 

14323 open at all times, for the purpose of prompt and diligent inquiry 

14324 into such matters of complaint by and against the Indians as 

14325 may be presented for investigation under the provisions of their 

14326 treaty stipulations, as also for the faithful discharge of other 

14327 duties enjoined on him by law. In all cases of depredation on 

14328 person or property, he shall cause the evidence to be taken in 

14329 writing and forwarded, together with his findings, to the Com- 

14330 missioner of Indian Affairs, whose decision, subject to the re- 

14331 vision of the Secretary of the Interior, shall be binding on the 

14332 parties to this treaty. 

14333 Article 6. If any individual belonging to said tribes 

14334 of Indians, or legally incorporated with them, being the 

14335 head of a family, shall desire to commence farming, he 

14336 shall have the privilege to select, in the presence and 

14337 with the assistance of the agent then in charge, a tract of 

14338 land within said reservation, not exceeding three hundred 

14339 and twenty acres in extent, which tract, when so selected, 

14340 certified, and recorded in the "land book" as herein directed, 

14341 shall cease to be held in common, but the same may be occupied 

14342 and held in the exclusive possession of the person selecting it, 

14343 and of his family, so long as he or they may continue to cultivate 

14344 it. Any person over eighteen years of age, not being the head 

14345 of a family, may in like manner select and cause to be certified 

14346 to him or her, for purposes of cultivation, a quantity of land not 

14347 exceeding eighty acres in extent, and thereupon be entitled to 

14348 the exclusive possession of the same, as above directed. For 

14349 each tract of land so selected a certificate, containing a descrip- 

14350 tion thereof and the name of the person selectiug it, with a cer- 

14351 tificate indorsed thereon that the same has been recorded, shall 

14352 be delivered to the party entitled to it, by the agent, after the 

14353 same shall have been recorded by him in a book to be kept in 

14354 his office, subject to inspection, which said book shall be known 

14355 as the " Kiowa and ^Comanche land book." The President 

14356 may at any time order a survey of the reservation, and, when 

14357 so surveyed, Congress shall provide for protecting the rights of 

14358 settlers in their improvements, and may fix the character of the 

41 I T 



322 



14:359 title held by each. The United States may pass such laws on 

14360 the subject of alienation and descent of property and on all sub- 

11361 jects connected with the government of the said Indians on said 

11362 reservations, and the internal police thereof, as may be thought 
14363 proper. 

11364 Article 7. In order to insure the civilization of the tribes 

14365 entering into this treaty, the necessity of education is admit- 

11366 ted, especially by such of them as are or may be settled on said 

14367 agricultural reservations ; and they therefore pledge themselves 

11368 to compel their children, male and female, between the ages of 

14369 six and sixteen years, to attend school ; and it is hereby made 

14370 the duty of the agent for said Indians to see that this stipula- 
11371 tion is strictly complied with ; and the United States agrees 
14372 that for every thirty children between said ages, who can be in- 
11373 duced or compelled to attend school, a house shall be provided, 

14374 and a teacher competent to teach the elementary branches of an 

14375 English education shall be furnished, who will reside among 

14376 said Indians, and faithfully discharge his or her duties as a 

14377 teacher. The provisions of this article to continue for not less 

14378 than twenty years. 

11379 Article 8. When the head of a family or lodge shall have 

14380 selected lands and received his certificate as above directed, and 

14381 the agent shall be satisfied that he intends in good faith to 

14382 commence cultivating the soil for a living, he shall be entitled 
11383 to receive seeds and agricultural implements for the first year, 

14384 not exceeding in value one hundred dollars, and for each suc- 

14385 ceeding year he shall continue to farm, for a period of three 

14386 years more, he shall be entitled to receive seeds and implements 

11387 as aforesaid not exceeding in value twenty-five dollars. And 

11388 it is farther stipulated that such persons as commence farming 

11389 shall receive instruction from the farmer herein provided for, and 
14390 whenever more than one hundred persons shall enter upon the 
11391 cultivation of the soil, a second blacksmith shall be provided, 
14392 together with such iron, steel, and other material as may be 

11393 needed. 

11394 Article 9. At any time after ten years from the making of 

11395 this treaty the United States shall have the privilege of with- 

14396 drawing the physician, farmer, blacksmiths, carpenter, engineer, 

14397 and miller herein provided for; but, in case of such withdrawal, 

14398 an additional sum thereafter of ten thousand dollars per annum 

14399 shall be devoted to the education of said Indians, and the Oom- 

14400 missioner of Indian Affairs shall, upon careful inquiry into the 

14401 condition of said Indians, make such rules and regulations for 

14402 the expenditure of said sum as will best promote the educational 

14403 and moral improvement of said tribes. 

14404 Article 10. In lieu of all sums of money or other annui- 



323 



14405 ties provided to be paid to the Indians herein named, under the 

14400 treaty of October eighteenth, one thousand eight hundred and 

14407 sixty-five, made at the mouth of the " Little Arkansas," and 

1440S under all treaties made previous thereto, the United States 

14409 agrees to deliver at the agency-house on the reservation herein 

14410 named, on the fifteenth day of October of each year, for thirty 

14411 years, the following articles, to wit: 

14412 For each male person over fourteen years of age, a suit of 

14413 good substantial woollen clothing, consisting of coat, pantaloons, 

14414 flannel shirt, hat, and a pair of home-made socks. For each 

14415 female over twelve years of age, a flannel skirt, or the goods 

14416 necessary to make it, a pair of woollen hose, and twelve yards of 

14417 calico, and twelve yards of " domestic," 

14418 For the boys and girls under the ages named, such flannel 

14419 and cotton goods as may be needed, to make each a suit as afore- 

14420 said, together with a pair of woollen hose for each; and in order 

14421 that the Commissioner of Indian Affairs may be able to estimate 

14422 properly for the articles herein named, it shall be the duty of 

14423 the agent, each year, to forward him a full and exact census of 

14424 the Indians on which the estimates from year to year can be 

14425 based; and, in addition to the clothing herein named, the sum 

14426 of twenty-five thousand dollars shall be annually appropriated 

14427 for a period of thirty years, to be used by the Secretary of the 

14428 Interior in the purchase of such articles, upon the recommenda- 

14429 tion of the Commissioner of Indiau Affairs, as from time to time 

14430 the condition and necessities of the Indians may indicate to be 

14431 proper; and if at any time within the thirty years it shall appear 

14432 that the amount of money needed for clothing under this article 

14433 can be appropriated to better uses for the tribes herein named, 

14434 Congress may by law change the appropriation to other purposes, 

14435 but in no event shall the amount of this appropriation, be with- 

14436 drawn or discontinued for the period named; and the President 

14437 shall annually detail an officer of the Army to be present and 

14438 attest the delivery of all the goods herein named to the Indians. 

14439 and he shall inspect and report on the quantity and quality ot 

14440 the goods and the manner of their delivery. 

14441 Aeticle 11. In consideration of the advantages and ben- 

14442 efits conferred by this treaty, and the many pledges of friend- 

14443 ship by the United States, the tribes who are parties to this 

14444 agreement hereby stipulate that they will relinquish all right to 

14445 occupy permanently the territory outside of their reservation, 

14446 as herein defined, but they yet reserve the right to hunt on any 

14447 lands' south of the Arkansas [Eiver,*] so long as the buffalo may 

14448 range thereon in such numbers as to justify the chase, [and no 

14449 white settlements shall be permitted on any part of the lands 

14450 contained in the old reservation, as defined by the treaty made 



324 



14451 between the United States and the Cheyenne, Arapahoe, and 

11152 Apache tribes of Indians at the month of the Little Arkansas, 

11153 under date of October fourteenth, one thousand eight hundred 
11151 and sixty-five, within three years from this date f] and they, 
14155 [the said tribes,*] further expressly agree™ 

11156 1st. That they will withdraw all opposition to the construc- 

11157 tion of the railroad now being built on the Smoky Hill River, 

11158 whether it be built to Colorado or New Mexico. 

11159 2d. That they will permit the peaceable construction of any 

11160 railroad not passing over their reservation as herein defined. 

11161 3d. That they will not attack any persons at home, nor trav- 

11162 ell in g, nor molest or disturb any wagon-trains, coaches, mules, 

11163 or cattle belonging to the people of the United States, or to per- 
11161 sons friendly therewith. 

11165 4th. They will never capture or carry off from the settle- 

11166 ments white women or children. 

11167 5th. They will never kill nor scalp white men, nor attempt 

11168 to do them harm. 

11169 6th. They withdraw all pretence of opposition to the con- 

14470 struction of the railroad now being built along the Platte River 

14471 and westward to the Pacific Ocean ; and they will not, in future, 

14472 object to the construction of railroads, wagon-roads, mail-sta- 

11173 tions, or other works of utility or necessity which may be or- 

11174 dered or permitted by the laws of the United States. But should 

11175 such roads or other works be constructed on the lands of their 

11176 reservation, the Government will pay the tribes whatever amount 

11177 of damage may be assessed by three disinterested coinmis- 

11178 sioners, to be appointed by the President for that purpose, one 

11179 of said commissioners to be a chief or head-man of the tribes. 

11180 7 th. They agree to withdraw all opposition to the military 
14481 posts now established in the western Territories. 

11482 Article 12, No treaty for the cession of any portion or 

11183 part of the reservation herein described, which may be held in 

11184 common, shall be of any validity or force as against the said 
14485 Indians, unless executed and signed by at least three fourths of 

11486 all the adult male Indians occupying the same, and no cession 

11487 by the tribe shall be understood or construed in such manner as 

11188 to deprive, without his consent, any individual member of the 

11189 tribe of his rights to any tract of land selected by him as pro- 

14490 vided in Article III [VI] of this treaty. 

11191 Article 13. The Indian agent, in employing a farmer, 

11192 blacksmith, miller, and other employes herein provided for ? 
11493 qualifications being equal, shall give the preference to Indians. 

14491 Article 14. The United States hereby agrees to furnish 

14495 annually to the Indians the physician, teachers, carpenter, mil- 

14496 ler, engineer, farmer, and blacksmiths, as herein contemplated, 



325 



14497 and that such appropriations shall be made from time to time, 

14498 on the estimates of the Secretary of the Interior, as will be suf- 

14499 ficient to employ such persons. 

14500 Article 15. It is agreed that the sum of seven hundred 

14501 and fifty dollars be appropriated for the purpose of building a 

14502 dwelling-house on the reservation for ie Tosh-e-wa," (or the Sil- 

14503 ver Brooch,) the Comanche chief who has already commenced 

14504 farming on the said reservation. And the sum of five hundred 

14505 dollars annually, for three years from date, shall be expended in 

14506 presents to the ten persons of said tribes who, in the judgment 

14507 of the agent, may grow the most valuable crops for the period 

14508 named. 

14509 Article 16. The tribes herein named agree, when the 

14510 agency-house and other buildings shall be constructed on the 

14511 reservation named, they will make said reservation their perma- 

14512 nent home, and they will make no permanent settlement else- 

14513 where, but they shall have the right to hunt on the lands south 

14514 of the Arkansas Eiver, formerly called theirs, in the same man- 

14515 ner, subject to the modifications named in this treaty, as agreed 

14516 on by the treaty of the Little Arkansas, concluded the eight- 

14517 eenth day of October, one thousand eight hundred and sixty -five. 

14518 Proclaimed August 25, 1868. 



14519 CEOWS. 

14520 For the purpose of perpetuating the friendship which has 

14521 heretofore existed, as also to remove all future cause of discus- 

14522 sion or dissension, as it respects trade and friendship between 

14523 the United States and their citazens and the Crow tribe of 

14524 Indians, the President of the United States of America, by 

14525 Brigadier-General Henry Atkinson, of the United States Army, 

14526 and Major Benjamin O'Fallon, Indian agent, with full powers 

14527 and authority, specially appointed and commissioned for that 

14528 purpose, of the one part, and the undersigned chiefs, head-men. 

14529 and warriors of the said Crow tribe of Indians on behalf of their 

14530 tribe, of the other part, have made and entered into the following 

14531 articles and conditions, which, when ratified by the President of 

14532 the United States, by and with the advice and consent of the 

14533 Senate, shall be binding on both parties, to wit : 

14534 Article 1. It is admitted by the Crow tribe of Indians 

14535 that they reside within the territorial limits of the United States, 

14536 acknowledge their supremacy, and claim their protection. The 

14537 said tribe also admit the right of the United States to regulate 

14538 all trade and intercourse with them. 

14539 Article 2. The United States agree to receive the Crow 



326 



14540 tribe of Indians into their friendship and under their protection, 

14541 and to extend to them from time to time such benefits and acts 

14542 of kindness as may be convenient, and seem just and proper to 

14543 the President of the United States. 

14544 Article 3. All trade and intercourse with the Crow tribe. 

14545 shall be transacted at such place or places as may be designated 

14546 and pointed out by the President of the United States through 

14547 his agents, and none but American citizens, duly authorized by 

14548 the United States, shall *be admitted to trade or hold intercourse 

14549 with said tribe of Indians. 

14550 Article 4. That the Crow tribe may be accommodated with 

14551 such articles of merchandise, &c, as their necessities may de- 

14552 mand, the United States agree to admit and license traders to 

14553 hold intercourse with said tribe, under mild and equitable regu- 

14554 lations, in consideration of which, the Crow tribe bind themselves 

14555 to extend protection to the persons and the property of the 

14556 traders, and the persons legally employed under them, whilst 

14557 they remain within the limits of their district of country. And 

14558 the said Crow tribe further agree, that if any foreigner or other 

14559 person, not legally authorized by the United States, shall come 

14560 into their district of country, for the purposes of trade or other 

14561 views, they will apprehend such person or persons, and deliver 

14562 him or them to some United States superintendent or agent of 

14563 Indian affairs, or to the commandant of the nearest military 

14564 post, to be dealt with according to law. And they further agree 

14565 to give safe-conduct to all persons who may be legally authorized 

14566 by the United States to pass through their country, and to pro- 

14567 tect in their persons and property all agents or other persons 
'14568 sent by the United States to reside temporarily among them; 

14569 and that they will not, whilst on their distant excursions, molest or 

14570 interrupt any American citizen or citizens, who may be passing 

14571 from the United States to l!^ew Mexico, or returning from thence 

14572 to the United States. 

14573 Article 5. That the friendship which is now established 

14574 between the United States and the Crow tribe should not be in- 

14575 terrupted by the misconduct of individuals, it is hereby agreed 

14576 that, for injuries done by individuals, no private revenge or 

14577 retaliation shall take place, but, instead thereof, complaints shall 

14578 be made, by the party injured, to the superintendent or agent 

14579 of Indian affairs, or other person appointed by the President ; 

14580 and it shall be the duty of said chiefs, upon complaint being 

14581 made as aforesaid, to deliver up the person or persons against 

14582 whom the complaint is made, to the end that he or they may be 

14583 punished, agreeably to the laws of the United States. And, in 

14584 like manner, if any robbery, violence, or murder shall be com* 

14585 mitted on any Indian or Indians belonging to the said tribe, tbe 



327 



14586 person or persons so offending shall be tried, and, if found 

14587 guilty, shall be punished in like manner as if the injury had 

14588 been done to a white man. And it is agreed that the chiefs of 

14589 said Crow tribe shall, to the utmost of their power, exert thenr 

14590 selves to recover horses or other property which may be stolen 

14591 or taken from any citazen or citazens of the United States by any 

14592 individual or individuals of said tribe; and the property so re- 

14593 covered shall be forthwith delivered to the agents or other per- 

14594 son authorized to receive it, that it may be restored to the proper 

14595 owner. And the United States hereby guaranty to any Indian 

14596 or Indians of said tribe a full indemnification for any horses or 

14597 other property which may be stolen from them by any of their 

14598 citazens : Provided, That the property stolen cannot be recov- 

14599 ered, and that sufficient proof is produced that it was actually 

14600 stolen by a citazen of the United States. And the said tribe 

14601 engage, on the requisition or demand of tbe President of the 

14602 United States, or of the agents, to deliver up any white man 

14603 resident among them. 

14604 Article 6. And the chiefs and warriors, as aforesaid, prom- 

14605 ise and engage that their tribe will never, by sale, exchange, or 

14606 as presents, supply any nation, tribe, or band of Indians, not in 

14607 amity with the United States, with guns, ammunition, or other 

14608 implements of war. 

14609 Proclaimed February 6, 1826. 



14610 Treaty between the United States of America and the Crow tribe of 

14611 Indians; concluded May 7, 1868 ; ratification advised July 25. 

14612 1868. 

14613 Andrew Johnson, President of the United States of America ? 

14614 to all and singular to whom these presents shall come, greet- 

14615 ing: 

14616 Whereas a treaty was made and concluded at Port Laramie 

14617 in the Territory of Dakota, on the seventh day of May, in the 

14618 year of our Lord one thousand eight hundred and sixty-eight, by 

14619 and between Lieutenant-General W. T. Sherman, Brevet Major- 

14620 General William S. Harney, Alfred H. Terry, Brevet Major-Gen- 

14621 eral C. C. Augur, John B. Sanborn, and S. F. Tappan, commis 

14622 sioners on the part of the United States, and Che-Ea-Pee-Ish-Ka- 

14623 Te, Chat-Sta-He, and other chiefs and head-men of the Crow tribe 

14624 of Indians, on the part of said Indians, and duly authorized 

14625 thereto by them, which treaty is in the words and figures fol- 

14626 lowing, to wit : 

14627 Articles of a treaty made and concluded at Port Laramie, Dakota 

14628 Territory, on the seventh day of May, in the year of our Lord 



328 



14629 one thousand eight hundred and sixty-eight, by and between 

14630 the undersigned commissioners on the part of the United 

14631 States, and the undersigned chiefs and head-men of and 

14632 representing the Crow Indians, they being duly authorized 

14633 to act in the premises. 

14634 Article 1. From this day forward peace between the par- 

14635 ties to this treaty shall forever continue. The Government of 

14636 the United States desires peace, and its honor is hereby pledged 

14637 to keep it. The Indians desire peace, and they hereby pledge 

14638 their honor to maintain it. If bad men among the whites or 

14639 among other people, subject to the authority of the United States, 

14640 shall commit any wrong upon the person or property of the ln- 

14641 dians, the United States will, upon proof made to the agent and 

14642 forwarded to the Commissioner of Indian Affairs at Washington 

14643 City, proceed at once to cause the offender to be arrested and 

14644 punished according to the laws of the United tates, and also 

14645 re-imburse the injured person for the loss sustained. 

14646 If bad men among the Indians shall commit a wrong or 

14647 depredation upon the person or property of any one, white, black, 

14648 or Indian, subject to the authority of the United States and at 

14649 peace therewith, the Indians herein named solemnly agree that 

14650 they will, on proof made to their agent and notice by him, deliver 

14651 up the wrong-doer to the United States, to be tried and punished 

14652 according to its laws ; and in case they refuse willfully so to do, 
11653 the person injured shall be re-imbursed for his loss from the 

14654 annuities or other moneys due or to become due to them under 

14655 this or other treaties made with the United States. And the 

14656 President, on advising with the Commissioner of Indian Affairs, 

14657 shall prescribe such rules and regulations for ascertaining dani- 

14658 ages under the provisions of this article as in his judgment may 

14659 be proper. But no such damages shall be adjusted and paid 

14660 until thoroughly examined and r assed upon by the Commissioner 

14661 of Indian Affairs, and no one sustaining loss while violating, or 

14662 because of his violating, the provisions of this treaty or the laws 

14663 of the United States shall be re-imbursed therefor. 

14664 Article 2. The United States agrees that the following 

14665 district of country, to wit: commencing where the 107th degree 

14666 of longitude west of Greenwich crosses the south boundary of 

14667 Montana Territory; thence north along said 107th meridian to 

14668 the mid-channel of the Yellowstone Eiver ; thence up said mid- 
14669 channel of the Yellowstone to the point where it crosses the 

14670 said southern boundary of Montana, being the 45th degree of 

14671 north latitude; and thence east along said parallel of latitude 

14672 to the place of beginning, shall be, and the same is, set apart 

14673 for the absolute and undisturbed use and occupation of the In- 

14674 dians herein named, and for such other friendly tribes or indi- 



329 



14675 vidual Indians as from to time they may be willing, with the 

14676 consent of the United States, to admit amongst them; and the 

14677 United States now solemnly agrees that no persons, except 

14678 those herein designated and authorized so to do, and except 

14679 such officers, agents, and employes of the Government as may be 

14680 authorized to enter upon Indian reservations in discharge of 

14681 duties enjoined by law, shall ever be permitted to pass over, 

14682 settle upon, or reside in the territory described in this article 

14683 for the use of said Indians, and henceforth they will, and do 

14684 hereby, relinquish all title, claims, or rights in and to any por- 

14685 tion of the territory of the United States, except such as is ein- 

14686 braced within the limits aforesaid. 

14687 Article 3. The United States agrees, at its own proper 

14688 expense, to construct, on the south side of the Yellowstone, near 

14689 Otter Greek, a warehouse or store-room for the use of the agent 

14690 in storing goods belonging to the Indians, to cost not exceeding 

14691 twenty-five hundred dollars; an agency-building for the resi- 

14692 deuce of the agent, to cost not exceeding three thousand dol- 

14693 lars; a residence for the physician, to cost not more than three 

14694 thousand dollars; and five other buildings, for a carpenter, 

14695 farmer, blacksmith, miller, and engineer, each to cost not ex- 

14696 ceeding two thousand dollars; also a school-house or mission - 

14697 building, so soon as a sufficient number of children can be in- 

14698 duced by the agent to attend school, which shall not cost ex- 

14699 ceeding twenty-five hundred dollars. 

14700 The United States agrees further to cause to be erected ou 

14701 said reservation, near the other buildings herein authorized, a 

14702 good steam circular saw-mill, with a grist-mill and shingle-ma- 

14703 chine attached, the same to cost not exceeding eight thousand 

14704 dollars. 

14705 Article 4. The Indians herein named agree, when the 

14706 agency-house and other buildings shall be constructed on the 

14707 reservation named, they will make said reservation their pernia- 

14708 nent home, and they will make no permanent settlement else- 

14709 where, but they shall have the right to hunt on the unoccupied 

14710 lands of the United States so long as game may be found there- 

14711 on, and as long as peace subsists among the whites and Indians 

14712 on the borders of the hunting districts. 

14713 Article 5. The United States agrees that the agent for 

14714 said Indians shall in the future make his home at the agency- 

14715 building; that lie shall reside among them, and keep an office 

14716 open at all times for the purpose of prompt and diligent inquiry 

14717 into such matters of complaint, by and against the Indians, as 

14718 may be presented for investigation under the provisions of their 

14719 treaty stipulations, as also for the faithful discharge of other 

14720 duties enjoined on him by law. lu all cases of depredation on 

42 i T 



330 



14721 person or property, lie shall cause the evidence to be taken in 

14722 writing, and forwarded, together with his finding, to the Com- 

14723 missioner of Indian Affairs, whose decision shall be binding on 

14724 the parties to this treaty. 

14725 Article 6. If any individual belonging to said tribes of In- 

14726 dians, or legally incorporated with them, being the head of a 
14726 family, shall desire to commence farming, he shall have the priv- 

14728 ilege to select, in the presence and with the assistance of the 

14729 agent then in charge, a tract of land within said reservation, not 

14730 exceeding three hundred and twenty acres in extent, which tract, 

14731 when so selected, certified, and recorded in the " land book," as 

14732 herein directed, shall cease to be held in common, but the same 

14733 may be occupied and held in the exclusive possession of the per- 

14734 son selecting it, and of his family, so long as he or they may con- 

14735 tinue to cultivate it. 

14736 Any person over eighteen years of age, not being the head 

14737 of a family, may in like manner select and cause to be certified 

14738 to him or her, for purposes of cultivation, a quantity of land not 

14739 exceeding eighty acres in extent, and thereupon be entitled to 

14740 the exclusive possession of the same, as above directed. 

14741 For each tract of land so selected a certificate, containing a 

14742 description thereof and the name of the person selecting it, with 

14743 a certificate endorsed thereon that the same has been recorded, 

14744 shall be delivered to the party entitled to it by the agent, after 

14745 the same shall have been recorded by him in a book to be kept 

14746 in his office, subject to inspection, which said book shall be known 

14747 as the " Crow land book." 

14748 The President may at any time order a survey of the reser- 

14749 vation, and, when so surveyed, Congress shall provide for pro- 

14750 tecting the rights of settlers in their improvements, and may fix 

14751 the character of the title held by each. The United States may 

14752 pass such laws on the subject of alienation and descent of prop 

14753 erty as between Indians, and on all subjects connected with the 

14754 government of the Indians on said reservations and the internal 

14755 police thereof, as may be thought proper. 

14756 Article 7. In order to insure the civilization of the tribe 

14757 entering into this treaty, the necessity of education is admitted, 

14758 especially by such of them as are, or maybe, settled on said ag- 

14759 ricultural reservation ; aud they therefore pledge themselves 

14760 to compel their children, male and female, between the ages of 

14761 six and sixteen years, to attend school $ and it is hereby made 

14762 the duty of the agent for said Indians to see that this stipula- 

14763 tion is strictly complied with ; and the United States agrees 

14764 that for every thirty children between said ages, who can be in- 

14765 duced or compelled to attend school, a house shall be provided, 

14766 and a teacher, competent to teach the elementary branches of an 



331 



14767 English education, shall be furnished who will reside among 

14768 said Indians, and faithfully discharge his or her duties as a 

14769 teacher. The provisions of this article to continue for twenty 

14770 years. 

14771 Article 8. When the head of a family or lodge shall have 

14772 selected lands and received his certificate as above directed, and 

14773 the agent shall be satisfied that he intends in good faith to com- 

14774 mence cultivating the soil for a living, he shall be entitled to 

14775 receive seeds and agricultural implements for the first year in 

14776 value one hundred dollars, and for each succeeding year he shall 

14777 continue to farm, for a period of three years more, he shall be en- 

14778 titled to receive seeds and implements as aforesaid in value 

14779 twenty-five dollars per annum. 

14780 And it is further stipulated that such persons as commence 

14781 farming shall receive instructions from the farmer herein pro 

14782 vided for, and whenever more than one hundred persons shall 

14783 enter upon the cultivation of the soil, a second blacksmith shall 

14784 be provided with such from steel, and other material as maybe 

14785 required. 

14786 Article 9. In lieu of all sums of mouey or other annuities 

14787 provided to be paid to the Indians herein named, under any 

14788 and all treaties heretofore made with them, the United States 

14789 agrees to deliver at the agency house, on the reservation herein 

14790 provided for, on the first day of September of each year for 

14791 thirty years^ the following articles, to wit : 

14792 For each male person over fourteen years of age, a suit of 

14793 good substantial w T oolen clothing^ consisting of coat, hat, pant- 

14794 aloons, flannel shirt, and a pair of woolen socks. 

14795 For each female, over twelve years of age ? a flannel skirt or 

14796 the goods necessary to make it, a pair of woolen hose* twelve 

14797 yards of calico, and twelve yards of cotton domestics. 

14798 For the boys and girls under the ages named, such flannel 

14799 and cotton goods as may be needed to make each a suit as afore- 

14800 said, together with a pair of woollen hose for each. 

14801 And in order that the Commissioner of Indian Affairs may 

14802 be able to estimate properly for the articles herein named, it 

14803 shall be the duty of the agent, each year, to forward to him a 

14804 full and exact census of the Indians, on which the estimate from 

14805 year to year can be based i 

14806 And, in addition to the clothing herein named, the sum of 

14807 ten dollars shall be annually appropriated for each Indian roam- 

14808 ing, and twenty dollars for each Indian engaged in agriculture, 

14809 for a period of ten years, to be used by the Secretary of the Inte 

14810 rior in the purchase of such articles as, from time to time, the 

14811 condition and necessities of the Indians may indicate to be proper • 

14812 And if, at any time within the ten years, it shall appear that the 



332 



14813 amount of money needed for clothing, under this article, can be 

14811 appropriated to better uses for the tribe herein named, Congress 

14815 may, by law, change the appropriation to other purposes ; but 

14816 in no event shall the amount of this appropriation be withdrawn 

14817 or discontinued for the period named. And the President shall 

14818 annually detail an officer of the Army to be present and attest 

14819 the delivery of all the goods herein named to the Indians, and 

14820 he shall inspect and report on the quantity and quality of the 

14821 goods and the manner of their delivery; and it is expressly stip. 

14822 ulated that each Indian over the age of four years, who shall 

14823 have removed to and settled permanently upon said reservation 

14824 and complied with the stipulations of this treaty, shall be en. 

14825 titled to receive from the United States, for the period of four 

14826 years after he shall have settled upon said reservation, one pound 

14827 of meat and one pound of flour per day, provided the Indians 

14828 cannot furnish their own subsistence at an earlier date. And it 

14829 is further stipulated that the United States will furnish and 

14830 deliver to each lodge of Indians, or family of persons legally in- 

14831 corporated with them, who shall remove to the reservation herein 

14832 described, and commence farming, one good American cow, and 

14833 one good, well-broken pair of American oxen, within sixty days 

14834 after such lodge or family shall have so settled upon said reserva- 

14835 tion. 

14836 Article 10. The United States hereby agrees to furnish 

14837 annually to the Indians the physician, teachers, carpenter, miller, 

14838 engineer, farmer, and blacksmiths as herein contemplated, and 

14839 that such appropriations shall be made from time to time, on the 

14840 estimates of the Secretary of the Interior, as will be sufficient to 

14841 employ such persons. 

14842 Article 11. No treaty for the cession of any portion of the 

14843 reservation herein described, which may be held in common, 

14844 shall be of any force or validity as against the said Indians un- 

14845 less executed and signed by, at least, a majority of all the adult 

14846 male Indians occupying or interested in the same, and no cession 

14847 by the tribe shall be understood or construed in such manner as 

14848 to deprive, without his consent, any individual member of the 

14849 tribe of his right to any tract of land selected by him as providep 

14850 in Article 6 of this treaty. 

14851 Article 12. It is agreed that the sum of five hundred dol- 

14852 lars annually, for three years from the date when they commence 

14853 to cultivate a farm, shall be expended in presents to the ten per- 

14854 sons of said tribe who, in the judgment of the agent, may grow 

14855 the most valuable crops for the respective year. 

14856 Proclaimed August 12, 1S68. 



14857 



DELAWARES. 



14858 Articles of agreement and confederation made and entered, into by 

14859 Andrew and Thomas Lewis, esquires, commissioners for and 
148G0 in behalf of the United States of North A merica, of the one 

14861 part, and Captain White Eyes, Captain 0 r ohn Kill BucTcjjun 

14862 ior, and Captain Pipe, deputies ami chief men of the Delaivare 

14863 Nation, of the other part. 

14864 Article 1. That all offences or acts of hostilities by one 

14865 or either of the contracting parties against the other be mutu- 

14866 all}- forgiven, and buried in the depth of oblivion, never more 

14867 to be had in remembrance. 

14868 Article 2. That a perpetual peace and friendship shall from 

14869 henceforth take place and subsist between the contracting parties 

14870 aforesaid, through all succeeding generations ; and if either of the 

14871 parties are engaged in a just and necessary war with any other 

14872 nation or nations, that then each shall assist the other in due 

14873 proportion to their abilities, till their enemies are brought to 

14874 reasonable terms of accommodation ; and that if either of them 

14875 shall discover any hostile designs forming against the other, 

14876 they shall give the earliest notice thereof, that timeous measures 

14877 may be taken to prevent their ill effect. 

14878 Article 3. And whereas the United States are engaged in 

14879 a just and necessary war, in defence and support of life, liberty, 

14880 and independence, against the King of England and his adher- 

14881 ents, and as said king is yet possessed of several posts and forts 

14882 on the lakes and other places, the reduction of which is of great 

14883 importance to the peace and security of the contracting parties, 

14884 and as the most practicable way for the troops of the United 

14885 States to some of the posts and forts is by passing through the 

14886 country of the Delaware Nation, the aforesaid deputies, on behalf 

14887 of themselves and their nation, do hereby stipulate and agree to 

14888 give a free passage through their country to the troops aforesaid, 

14889 and the same to conduct by the nearest and best ways to the 

14890 posts, forts, or towns of the enemies of the United States, 

14891 affording to said troops such supplies of corn, meat, horses, or 

14892 whatever may be in their power for the accommodation of such 

14893 troops, on the commanding officers, &c, paying, or engaging to 

14894 pay, the full value of whatever they can supply them with. And 

14895 the said deputies, on the behalf of their nation, engage to join 

14896 the troops of the United States aforesaid, with such a number 

14897 of their best and most expeart warriors as they can spare, con- 

14898 sistent with their own safety, and act in concert with them ; and 

14899 for the better security of the old men, women, and childreu of 



334 



14900 the aforesaid nation, whilst their warriors are engaged against 

14901 the common enemy, it is agreed on the part of the United States 

11902 that a fort of sufficient strength and capacity be built at the 

11903 expense of the said States, with such assistance as it may be in 
11901 the power of the said Delaware Nation to give, in the most con- 
11905 venient place and advantageous situation, as shall be agreed on 
1190(3 by the commanding officer of the troops aforesaid, with the 

11907 advice and concurrence of the deputies of the aforesaid Delaware 

11908 Nation, which fort shall be garrisoned by such a number of the 

11909 troops of the United States as the commanding officer can spare 

11910 for the present, and hereafter by such numbers as the wise men 

11911 of the United States in council shall think most conducive to 

11912 the common good. 

11913 Article 4. For the better security of the peace and friend - 
11911 ship now entered into by the contracting parties, against all 

11915 infractions of the same by the citizens of either party, to the pre- 

11916 jtidice of the other, neither party shall proceed to the infliction 

11917 of punishments on the citizens of the other, otherwise than by 

11918 securing the offender or offenders by imprisonment, or any other 

11919 competent means, till a fair and impartial trial can be had by 

11920 judges or juries of both parties, as near as can be to the laws, 

11921 customs, and usages of the contracting parties and natural jus- 
14922 tice : The mode of such tryals to be hereafter fixed by the wise 
11923 men of the United States in Congress assembled, with the as- 
11921 sistance of such deputies of the Delaware Nation as may be 

11925 appointed to act in concert with them in adjusting this matter to 

11926 their mutual liking. And it is further agreed between the par- 

11927 ties aforesaid, that neither shall entertain or give countenance 

11928 to the enemies of the other, or protect in their respective states, 
14929 criminal fugitives, servants, or slaves, but the same to apprehend, 

11930 and secure and deliver to the State or States to which such en- 

11931 emies, criminals, servants, or slaves respectively belong. 

11932 Article 5. Whereas the confederation entered into by the 

11933 Delaware Nation and the United States renders the first depend- 
14934 ent on the latter for all the articles of cloathing, utensils, and 
11935 implements of war, and it is judged not only reasonable, but in* 
14936 dispens/bly necessary, that the aforesaid nation be supplied 

11937 with such articles from time to time, as far as the United States 

11938 may have it in their power, by a well-regulated trade, under the 
14939 conduct of an intelligent, candid agent, with an adequate sal?ery, 

11910 one more influenced by the love of his country, and a constant 

11911 attention to the duties of his department by promoting the conr 

11912 mon interest, than the sinister purposes of converting and bind- 

14943 ing all the duties of his office to his private emolument ; Con- 

14944 vinced of the necessity of such measures, the commissioners of 

14945 the United States, at the earnest solicitation of the deputies 



335 



14946 aforesaid, have engaged in behalf of the United States that such 

14947 a trade shall be afforded said nation, conducted on such prin- 

14948 cipals of mutual interest as the wisdom of the United States m 

14949 Congress assembled shall think most conducive to adopt for their 

14950 mutual convenience. 

14951 Article 6. Whereas the enemies of the United States have 

14952 endeavoured, by every artifice in their power, to possess the 

14953 Indians in general with an opinion that it is the design of the 

14954 States aforesaid to extirpate the Indians and take possession of 

14955 their country, to obviate such false suggestion, the United States 

14956 do engage to guarantee to the aforesaid nation of Delawares, 

14957 and their heirs, all their territorial rights in the fullest and most 

14958 ample manner, as it hath been bounded by former treaties, as 

14959 long as they, the said Delaware Nation, shall abide by and hold 

14960 fast the chain of friendship now entered into. And it is further 

14961 agreed on between the contracting parties, should it for the 

14962 future be found conducive for the mutual interest of both parties 

14963 to invite an\ r other tribes who have been friends to the interest 

14964 of the United States, to join the present confederation, and to 

14965 form a State whereof the Delaware Nation shall be the head, 

14966 and have a representation in Congress : Provided, Nothing cou- 

14967 taiued in this article to be considered as conclusive until it 

14968 meets with the approbation of Congress. And it is also the in- 

14969 tent and meaning of this article that no protection orcounteu- 

14970 ance shall be afforded to any who are at present our enemies, 

14971 by which they might escape the punishment they deserve. 

14972 Concluded September 17, 1778. 



14973 A treaty between the United States of America and the Delaware 

14974 tribe of Indians, 

14975 The Delaware tribe of Indians, finding that the annuity 

14976 which they receive from the United States is not sufficient to 

14977 supply them with the articles which are necessary for their com- 

14978 fort and convenience, and afford the means of introducing 

14979 amongst them the arts of civilised life, and being convinced 

14980 that the extensiveness of the country they possess, by giving 

14981 an opportunity to their hunting parties to ramble to a great 

14982 distance from their towns, is the principal means of retarding 

14983 this desirable event ; and the United States being desirous to 

14984 connect their settlements on the Wabash with the State of 

14985 Kentucky : therefore the said United States, by William Henry 

14986 Harrison, governor of the Indiaua Territory, superintendent of 

14987 Indian affairs, and their commissioner plenipotentiary for treat- 

14988 ing with the Indian tribes northwest of the Ohio River j and 

14989 the said tribe of Indians, by their sachems, chiefs, and head 



336 



14990 warriors, have agreed to the following articles, which when rat- 

14991 ified by the President of the United States, by and with the 

11992 advice and consent of the Senate, shall be binding on the said 

11993 parties ; 

11991 Article 1. The said Delaware tribe, for the considerations 

11995 hereinafter mentioned, relinquishes to the United States forever 

11996 all their right and title to the tract of country which lies be- 

11997 tween the Ohio and Wabash Rivers, and below the tract ceded 

11998 by the treaty of Fort Wayne and the road leading from Yin- 

11999 cennes to the falls of Ohio. 

15000 Article 2. The said tribe shall receive from the United 

15001 States, for ten years, an additional annuity of three hundred 

15002 dollars, which is to be exclusively appropriated to the purpose 

15003 of ameliorating their condition and promoting their civilization- 
15001 Suitable persons shall be employed at the expence of the United 

15005 States to teach them to make fences, cultivate the earth, and 

15006 such of the domestic arts as are adapted to their situation ; and 

15007 a further sum of three hundred dollars shall be appropriated 

15008 annually for five years to this object. The United States will 
35009 cause to be delivered to them in the course of the next spring 

15010 horses fit for draft, cattle, hogs, and implements of husbandry 

15011 to the amount of four hundred dollars. The preceding stipula- 

15012 tions, together with goods to the amount of eight hundred dol- 

15013 lars, which is now delivered to the said tribe, (a part of which 
15011 is to be appropriated to the satisfying certain individuals of the 

15015 said tribe, whose horses have been taken by white people) is to 

15016 be considered as full compensation for the relinquishment made 

15017 in the first article. 

15018 Article 3. As there is great reason to believe that there 

15019 are now in the possession of the said tribe several horses which 

15020 have been stolen from citizens of the United States, the chiefs 

15021 who represent the said tribe are to use their utmost endeavors 

15022 to have the said horses forthwith delivered to the superintend - 

15023 ent of Indian affairs, or such persons as he may appoint to 
15021 receive them. And as the United States can place the utmost 

15025 reliance on the honour and integrity of those chiefs who have 

15026 manifested a punctilious regard to the engagements entered into 

15027 at the treaty at Grenville, it is agreed that, in relation to such 

15028 of the horses stolen as aforesaid, but which have died or beeu 

15029 removed beyond the reach of the chiefs, the United States will 

15030 compensate the owners for the loss of them without deducting 

15031 from the annuity of the said tribe the amount of what may be 

15032 paid in this way. But it is expressly understood that this pro- 

15033 vision is not to extend to any horses which have been stolen 
15031 within the course of twelve months preceding the date hereof. 
15035 Article 1. The said tribe having exhibited to the above- 



337 



15030 named commissioner of the United States sufficient proof* ot 

15037 their right to all the country which lies between the Ohio and 

15038 White River, and the Miami tribe, who were the original pro- 

15039 prietors of the upper part of that country, having explicitly 

15040 acknowledged the title of the Delawares at the general council 

15011 held at Fort Wayne in the month of June, 1803, the said United 

15012 States will in future consider the Delawares as the rightful 

15013 owners of all the country which is bounded by the White River 

15041 on the north, the Ohio on the south, the general boundary-line 
15015 running from the mouth of the Kentucky River on the east, and 
15046 the tract ceded by this treaty, and that ceded by the treaty of 
15017 Fort Wayne, on the west and southwest. 

15048 Article 5. As the Piankishaw tribe have hitherto obsti- 

15049 nately persisted in refusing to recognize the title of the Dela- 

15050 wares to the tract of country ceded by this treaty, the United 

15051 States will negociate with them, and will endeavor to settle the 

15052 matter in an amicable way; but should they reject the proposi- 

15053 tions that may be made to them on this subject, and should the 

15054 United States not think proper to take possession of the said 

15055 country without their consent, the stipulations and promises 

15056 herein made on behalf of the United States shall be null and 

15057 void. 

15058 Article 6. As the road from Vincennes to Clark's grant 

15059 will form a very inconvenient boundery, and as it is the intention 

15060 of the parties to these presents that the whole of the said road 

15061 shall be within the tract ceded to the United States, it is agreed 

15062 that the boundary in that quarter shall be a straight line to be 

15063 drawn parallel to the course of the said road from the eastern 
15061 boundary of the tracts ceded by the treaty of Fort Wayne to 

15065 Clark's grant; but the said line is not to pass at a greater dis- 

15066 tance than half a mile from the most northerly bend of said 

15067 road. 

15068 Proclaimed February 14, 1805. 



15069 Articles of a treaty made and concluded at St. Mary's, in the State 

15070 of Ohio, between Jonathan Jennings, Ijeicis Cass, and Benja- 

15071 min Parke, commissioners of the United. States, and the Del a- 

15072 ware Nation of Indians. 

15073 Article 1. The Delaware Nation of Indians cede to the 

15074 United States all their claim to land in the State of Indiana. 

15075 Article 2. In consideration of the aforesaid cession, the 

15076 United States agree to provide for the Delawares a country to 

15077 reside in, upon the west side of the Mississippi, and to guaranty 

15078 to them the peaceable f>ossession of the same. 

15079 Article 3. The United States also argee to pay the 

43 I T 



338 



15080 Delawares the fall value of their improvements in the country 

15081 hereby ceded ; which valuation shall be made by persons to be 

15082 appointed for that purpose by the President of the United 

15083 States; and to furnish the Delawares with one hundred and 
15081 twenty horses, not to exceed in value forty dollars each, and a 

15085 sufficient number of perogues, to aid in transporting them to 

15086 the west side of the Mississippi ; and a quantity of provisions, 

15087 proportioned to their numbers and the extent of their journey. 

15088 Article 4. The Delawares shall be allowed the use and 

15089 occupation of their improvements for the term of three years 

15090 from the date of this treaty, if they so long require it. 

15091 Articles. The United States agree to pay to the Dela- 

15092 wares a perpetual annuity of four thousand dollars, which, to- 

15093 gether with all annuities which the United States, by any for- 
15091 mer treaty, engaged to pay to them, shall be paid in silver, at 

15095 any place to which the Delawares may remove. 

15096 Article 6. The United States agree to provide and support 

15097 a blacksmith for the Delawares after their removal to the west 

15098 side of the Mississippi. 

15099 Article 7. One half-section of land shall be granted to 

15100 each of the following persons, namely, Isaac Wobby, Samuel 

15101 Cassman, Elizabeth Petchaka, and Jacob Dick ; and one quarter 

15102 of a section of land shall be granted to each of the following 

15103 persons, namely, Solomon Tindell and Benoni Tindell, all of 

15104 whom are Delawares ; which tracts of land shall be located after 

15105 the country is surveyed, at the first creek above the old fort on 

15106 White Eiver, and running up the river ; and shall be held by the 

15107 persons herein named, respectively, and their heirs ; but shall 
1510S never be conveyed or transferred without the approbation of the 

15109 President of the United States. 

15110 Article 8. A sum not exceeding thirteen thousand three 

15111 hundred and twelve dollars and twenty-five cents shall be paid 

15112 by the United States, to satisfy certain claims against the Dela- 

15113 ware Nation, and shall be expended by the Indian agent at Piqua 

15114 and Fort Wayne, agreeably to a schedule this day examined and 

15115 approved by the commissioners of the United States. 

15116 Article 9. This treaty, after the same shall be ratified by 

15117 the President and Senate of the United States, shall be binding 

15118 on the contracting parties. 

15119 Proclaimed January 15, 1819. 



15120 Supplementary article to the Delaware treaty, concluded at St. 

15121 Mary's, in the State of Ohio, on the 3d of October, 1818. 

15122 Whereas the foregoing treaty stipulates that the United 

15123 States shall provide for the Delaware Nation a country to re- 



339 



15124 side in, west of the Mississippi, as the permanent residence of 

15125 their nation ; and whereas the said Delaware Nation are now 

15126 willing to remove, on the following conditions, from the country 

15127 on James' Fork of White Eiver in the State of Missouri, to the 

15128 country selected in the fork of the Kansas and Missouri Eiver, 

15129 as recommended by the Government, for the permanent resi- 

15130 deuce of the whole Delaware Nation ; it is hereby agreed upon 

15131 by the parties, that the country in the fork of the Kansas and 

15132 Missouri Eivers, extending up the Kausas Eiver to the Kansas 

15133 line, and up the Missouri Eiver to Camp Leavenworth, and 

15134 thence by a line drawn westwardly, leaving a space ten miles 

15135 wide, north of the Kansas boundary-line, for an outlet, shall 

15136 be conveyed and forever secured by the United States to the 

15137 said Delaware Nation as their permanent residence; and the 

15138 United States hereby pledges the faith of the Government to 

15139 guarantee to the said Delaware Nation, forever, the quiet and 

15140 peaceable possession and undisturbed enjoyment of the same, 

15141 against the claims and assaults of all and every other people 

15142 whatever. 

15143 And the United States hereby agrees to furnish the Dela- 

15144 ware Nation with forty horses, to be given to their poor and 

15145 destitute people, and the use of six waggons and ox-teams, to 

15146 assist the uation in removing their heavy articles to their perma- 

15147 nent home ; and to supply them with all necessary farming-uten- 

15148 sils and tools necessary for building houses, &e. ; and to supply 

15149 them with provisions on their journey, and with one year's pro- 

15150 visions after they get to their permaneut residence ; and to 

15151 " have a griss and saw mill erected for their use, within two years 

15152 after their complete removal. 

15153 And it is hereby expressly stipulated and agreed upon by 

15154 the parties that, for and in consideration of the full and entire 

15155 relinquishment by the Delaware Nation of all claim whatever 

15156 to the country now occupied by them in the State of Missouri, 

15157 the United States shall pay to the said Delaware Nation an 

15158 additional permanent annuity of one thousand dollars. 

15159 And it is further stipulated that thirty-six sections of the 

15160 best land within the limits hereby relinquished shall be selected, 

15161 under the direction of the President of the United States, and 

15162 sold for the purpose of raising a fund to be applied, under the 

15163 direction of the President, to the support of schools for the ed- 

15164 u cation of Delaware children. 

15165 It is agreed upon by the parties that this supplementary ar- 

15166 tide shall be concluded in part only, at this time, and that a 

15167 deputation of a chief, or warrior, from each town, with their in- 
1516S terpretor, shall proceed with the agent to explore the country, 
15169 more fully, and if they approve of said country to sign their 



340 



15170 names under ours, which, shall be considered as finally conclud- 

15 171 ed on our part : aud after the same shall be ratified by the Pres- 

15172 ident and Senate of the United States, shall be binding- on the 

15173 contracting parties. 

15171 Proclaimed March 21, 1831. 

15175 Franklin Pierce^ President of the United States of America 

15176 to all and singular to whoni these presents shall come, 

15177 greeting : 

15178 Whereas a treaty was made and concluded at the city of 

15179 Washington, on the sixth day of May, one thousand eight hun- 

15180 dred aud fifty-four, by George W. Manypenny, as commissioner 

15181 on the part of the United States, and the following-named del- 

15182 egates of the Delaware tribe of Indians, viz: Sarcoxey ; Ne-cou- 

15183 he-eond: Kock-ka-to-wha; Qua-cor-now-ha, or James Segondyne: 

15184 Xe-sha-pa-na-cumin, or Charles Jourueycake; Que-ska-to-wha, 

15185 or John Ketchem : Pendoxey, or George Bullet : Kock-kock- 

15186 quas. or James Ketchem; Aklah-a-chick, or James Conner: 

15187 they being thereto duly authorized by said tribe : which treaty 

15188 is in the words following, to wit : 

15189 Articles of agreement and convention made and concluded at 

15190 the city of Washington this sixth day of May, one thousand 

15191 eight hundred and fifty -four, by George W. Manypenny, as 

15192 commissioner on the part of the United States, and the fol- 

15193 lowing-named delegates of the Delaware tribe of Indians. 
15191 viz : Sarcoxey ; Xe-con-he-cond ; Kock-ka-to-wha ; Qua-cor- 

15195 now-ha, or James Segondyne: Xe-sha-pa-na-cumin, or 

15196 Charles Journeycake ; Que-sha-to-wha, or John Ketchem : 

15197 Pondoxy, or George Ballet; Kock-kock-quas, or James 
1519S Ketchem : Ah-lah-a-chick, or James Conner, they being 

15199 thereto duly authorized by said tribe. 

15200 Article 1. The Dela ware tribe of Indians hereby cede, re- 

15201 linquish, and quit-claim to the United States all their right, title, 

15202 and interest in and to their country lying west of the State of 

15203 Missouri, and situate in the fork of the. Missouri and Kansas 

15204 Eivers, which is described in the article supplementary to the 

15205 treaty of October third, one thousand eight hundred and eigh- 

15206 teen, concluded, in part, on the twenty-fourth September, one 

15207 thousand eight hundred and twenty-nine, at Council Camp, on 

15208 James' Pork of White River, in the State of Missouri, and finally 

15209 concluded at Council Camp, in the fork of the Kansas and Mis- 

15210 souri Eivers, on the nineteenth October, one thousand eight hun- 

15211 dred and twenty-nine ; and also their right, title, and interest in 

15212 and to the " outlet ** mentioned and described in said supple- 

15213 mentary article, excepting that portion of said country sold to 
15211 the Wyandot tribe of Indians, by instrument sanctioned by act 



34J 



15215 of Congress approved July twenty-fifth, one thousand eight 

15216 hundred and forty-eight, and also excepting that part of said 

15217 country lying east and south of a line beginning at a point on the 

15218 line between the land of the Delawares and the half-breed Kan- 

15219 zas, forty miles, in a direct line, west of the boundary between 

15220 the Delawares and Wyandots, thence north ten miles, thence 

15221 in an easterly course to a point on the south bank of Big Island 

15222 Creek, which shall also be on the bank of the Missouri Eiver 

15223 where the usual high-water line of said creek intersects thehigh- 

15224 water line of said river. 

15225 Article 2. The United States hereby agree to Lave the 

15226 ceded country (excepting the said "outlet") surveyed, as soon 

15227 as it can be conveniently done, in the same manner that the pub- 

15228 lie lands are surveyed, such survey to be commenced and pros- 

15229 ecuted as the President of the United States may deem best. 

15230 And the President will, so soon as the whole or any portion of 

15231 said lands are surveyed, proceed to offer such surveyed lands for 

15232 sale, at public auction, in such quantities as he may deem proper, 

15233 being governed in ail respects, in conducting such sales, by the 

15234 laws of the United States respecting the sales of the public lands : 

15235 and such of the lands as may not be sold at the public sales 

15236 shall thereafter be subject to private entry, in the same man- 

15237 ner that private entries are made of United States lands ; and 

15238 any, or all, of such lands as remain unsold, after being three 

15239 years subject to private entry, at the minimum Government price, 

15240 may, by act of Congress, be graduated and reduced in price, 

15241 until all said lands are sold ; regard being had in said gradna- 

15242 tion and reduction to the interests of the Delawares, and also to 

15243 the speedy settlement of the country. 

15244 , Article 3. The United States agree to pay to the Delaware 

15245 tribe of Indians the sum of ten thousand dollars ; and, in con- 

15246 sideration thereof, the Delaware tribe of Indians hereby cede, 

15247 release, and quit-claim to the United States the said tract of 

15248 country hereinbefore described as the " outlet." And as a fnr- 

15249 ther and fall compensation for the cession made by the first 

15250 article, the United States agree to pay to said tribe all the mon- 

15251 eys received from the sales of the lands provided to be surveyed 

15252 in the preceding article, after deducting therefrom the cost of 

15253 surveying, managing, and selling the same. 

15254 Article 4. The Delaware Indians have now, by treaty 

15255 stipulation, the following permanent annuities, to wit : One 

15256 thousand dollars, per fourth article of the treaty of third August . 

15257 one thousand seven hundred and ninety-live. Five hundred dol- 

15258 lars, per third article of the treaty of thirtieth of September, one 

15259 thousand eight hundred and nine. Four thousand dollars, per 

15260 fifth article of the treaty of the third October, one thousand 



342 



15261 eight hundred and eighteen. One thousand dollars, per supple- 

15262 mental treaty of twenty-fourth September, one thousand eight 

15263 hundred and twenty -nine. One hundred dollars for salt annuity, 

15264 per third article of the treaty of June seventh, one thousand 

15265 eight hundred and three. Mne hundred and forty dollars for 

15266 blacksmith annuity, per sixth article of the treaty of third Octo- 

15267 ber, one thousand eight hundred and eighteen. All which sev- 
1526S eral permanent annuities they hereby relinquish, and forever 

15269 absolve the United States from the further payment thereof, in 

15270 consideration whereof the United States agree to pay to them, 

15271 under the direction of the President, the sum of one hundred and 

15272 forty-eight thousand dollars, as follows : seventy-four thousand 

15273 dollars in the month of October, one thousand eight hundred 
15271 and fifty-four, and seventy-four thousand dollars in the month of 

15275 October, one thousand eight hundred and fifty-five; the object 

15276 of converting the permanent annuities into these two payments 

15277 being to aid the Delawares in making improvements on their 

15278 present farms, and opening new ones on the land reserved, build- 

15279 ing houses, buying necessary household furniture, stock, and 

15280 farming-utensils, and such other articles as may be necessary to 

15281 their comfort. 

15282 Article 5. It is agreed that the sum of forty-six thousand 

15283 and eighty dollars, being the value of the thirty-six sections of 
15281 land set apart for school purposes by the supplemental treaty of 

15285 one thousand eight hundred and twenty-nine, remain for the 

15286 present at five per cent, interest, as stipulated by the resolution 

15287 of the Senate of the nineteenth January, one thousand eight 

15288 hundred and thirty-eight. 

15289 Article 6. The Delawares feel now, as heretofore, grateful 

15290 to their old chiefs for their long and faithful services. In former 

15291 treaties, when their means were scanty, they provided, by small 

15292 life-annuities, for the wants of these chiefs, some of whom are 

15293 now receiving them. These chiefs are poor, and the Delawares 

15294 believe it their duty to keep them from want in their old and 

15295 declining age. It is the wish of the Delawares, and hereby stip- 

15296 ulated and agreed, that the sum of ten thousand dollars, the 

15297 amount provided in the third article as a consideration for the 

15298 "outlet," shall be paid to their five chiefs, to wit: Captain 

15299 Ketchem, Sarkoxey, Segondyne, Neconhecond, and Kock-ka-to- 

15300 wha, in equal shares of two thousand dollars each, to be paid as 

15301 follows: to each of said chiefs annually the sum of two hundred 

15302 and fifty dollars, until the whole sum is paid : Provided, That if 

15303 any one or more of said chiefs die before the whole or any part 

15304 of the sum is paid, the annual payments remaining to his share 

15305 shall be paid to his male children, and, in default of male heirs, 

15306 then to the legal representatives of such deceased chief or chiefs ; 



343 



15307 and it is understood that the small life-annuities stipulated for 

15308 by former treaties shall be paid as directed by said treaties. 

15309 Article 7. It is expected that the amount of moneys aris- 

15310 ing from the sales herein provided for will be greater than the 

15311 Delawares will need to meet their current wants; and as it is 

15312 their duty and their desire also to create a permanent fund for 

15313 the benefit of the Delaware people, it is agreed that all the 

15314 money not necessary for the reasonable wants of the people 

15315 shall from time to time be invested by the President of the United 

15316 States in safe and profitable stocks, the principal to remain un- 

15317 impaired, and the interest to be applied annually for the civiliza- 

15318 tion, education, and religious culture of the Delaware people, 

15319 and such' other objects of a beneficial character as in his judg- 

15320 ment are proper and necessary. 

15321 Article 8. As the annual receipts from the sales of the 

15322 lands cannot now be determined, it is agreed that the whole sub- 

15323 ject be referred to the judgment of the President, who may, from 
15321 time to time, prescribe how much of the net proceeds. of said 

15325 sales shall be paid out to the Delaware people, and the mode and 

15326 manner of such payment ; also how much shall be invested ; and 

15327 in distributing the funds to the people, due regard and encourage- 

15328 ment shall be given to that portion of the Delawares who are 

15329 competent to manage their own affairs, and who know and ap- 

15330 preciate the value of money ; but Congress may, at any time, 

15331 and from time to time, by law, make such rules and regulations 

15332 in relation to the funds arising from the sale of said lands, and 

15333 the application thereof for the benefit and improvement of the 

15334 Delaware people, as may, in the wisdom of that body, seem just 

15335 and proper. 

15336 Article 9. The debts of Indians, contracted in their private 

15337 dealings as individuals, w r hether to traders or otherwise, shall 

15338 not be paid from the general fund. 

15339 Article 10. The Delawares promise to renew their efforts 

15340 to suppress the introduction and the use of ardent spirits in their 

15341 country and among their people, and to encourage industry, 

15342 integrity, and virtue, so that every one may become civilized, 

15343 and, as many now are, competent to manage their business 

15344 affairs j but should some of them unfortunately continue to refuse 

15345 to labor, and remain or become dissipated and worthless, it shall 

15346 be discretionary with the President to give such direction to the 

15347 portion of funds, from time to time, due to such persons, as will 

15348 prevent them from squandering the same, and secure the benefit 

15349 thereof to their families. 

15350 Article 11. At any time hereafter, when the Delawares 

15351 desire it, and at their request and expense, the President may 

15352 cause the country reserved for their permanent home to be snr- 



344 



15353 veyed in the same manner as the ceded country is surveyed, and 

15354: may assign such portion to each person or family as shall be 

15355 designated by the principal men of the tribe: Provided, Such 

15356 assignment shall be uniform. 

15357 Article 12. In the settlement of the country adjacent to 

15358 the Delaware reservation, roads and highways will become neces- 

15359 sary, and it is agreed that all roads and highways laid out by 

15360 authority of law, shall have aright of way through the reserved 

15361 lands, on the same terms that the law provides for their location 

15362 through the lands of citizens of the United States ; and railroad 

15363 companies, when the lines of their roads necessarily pass through 
15361 the said reservation, shall have the right of way, on payment of 

15365 a just compensation therefor in money, 

15366 Article 13. The Christian Indians live in the country 

15367 herein ceded, and have some improvements, They desire to 

15368 remain where they are, and the Dela wares are willing, provided 

15369 the Christian Indians can pay them for the land. It is there- 

15370 fore agreed that there shall be confirmed by patent to the said 

15371 Christian Indians, subject to such restrictions as Congress may 

15372 provide, a quantity of land equal to four sections, to be selected 

15373 in a body from the surveyed lands, and to include their present 
15371 improvements: Provided, The said Christian Indians, or the 

15375 United States for them, pay to the Secretary of the Interior, for 

15376 the use of the Delaware Indians, within one year from the date 

15377 of the ratification of this treaty, the sum of two dollars and 

15378 fifty cents per acre therefor: And provided further, That the 

15379 provisions of article twelve, in relation to roads, highways, and 

15380 railroads, shall be applicable to the land thus granted to the 

15381 Christian Indians. 

15382 Article 14. The Delawares acknowledge their dependence 

15383 on the Government of the United States, and invoke its pro- 
15381 tection and care. They desire to be protected from depreda- 

15385 tions and injuries of every kind, and to live at peace with all 

15386 the Indian tribes ; and they promise to abstain from war, and 

15387 to commit no depredations on either citizens or Indians ; and if, 

15388 unhappily, any difficulty should arise, they will at all times, as 

15389 far as they are able, comply with the law in such cases made 

15390 and provided, as they will expect to be protected and their 

15391 rights vindicated by it, when they are injured. 

15392 Article 15. A primary object of this instrument being to 

15393 advance the interests and welfare of the Delaware people, it is 
15391 agreed that, if it prove insufficient to effect these ends, from 
15395 causes which cannot now be foreseen, Congress may hereafter 
1539C make such further provision, by law, not inconsistent herewith, 

15397 as experience may prove to be necessary to promote the inter- 

15398 ests, peace, and happiness of the Delaware people. 



345 



15399 Article 16. It is agreed by the parties hereto, that the 

15400 provisions of the act of Congress, approved third of March, one 

15401 thousand eight hundred and seven, in relation to lands ceded to 

15402 the United States, shall, so far as applicable, be extended to the 

15403 lands herein ceded. 

15404 Article 17. It is further stipulated that, should the Sen- 

15405 ate of the United States reject the thirteenth article hereof, 
15400 such rejection shall in no wise affect the validity of the other 

15407 articles. 

15408 Article 18. This instrument shall be obligatory on the 

15409 contracting parties as soon as the same shall be ratified by the 

15410 President and the Senate of the United States. 

15411 Proclaimed July 17, 1854. 



15412 Treaty between the United States and the Delaware tribe of In- 

15413 dians, concluded May 30, 1860. 

15414 By the President of the United States of America. 

15415 A PROCLAMATION. 

15416 To all and singular to whom these presents shall come, greeting : 

15417 Whereas a treaty was made and concluded at Sarcoxieville, 

15418 on the Delaware reservation, on the thirtieth day of May, 

15419 eighteen hundred and sixty, by Thomas B. Sykes, as commis- 

15420 sioner on the part of the United States, and the chiefs and 

15421 head-men of the Delaware tribe of Indians hereinafter inen- 

15422 tioned, which treaty is in the following words, to wit: 

15423 Articles of agreement and convention made and concluded at 

15424 Sarcoxieville, on the Delaware reservation, this thirtieth 

15425 day of May, one thousand eight hundred and sixty, by 

15426 Thomas B. Sykes, as commissioner on the part of the United 

15427 States, and the following-named chiefs of the Delaware 

15428 tribe of Indians, viz : John Connor, head chief of the whole 

15429 tribe; Sar-cox-ie, chief of the Turtle band; Ne-con-he-con, 

15430 chief of the Wolf band ; Rock-a-to-wha, chief of the Tur- 

15431 key band, and assistants to the said head chief, chosen and 

15432 appointed by the people, and James Connor, chosen by the 

15433 said chiefs as delegate. 

15434 Article 1. By the first article of the treaty made and con- 

15435 eluded at the city of Washington on the sixth day of May, one 

15436 thousand eight hundred and fifty -four, between George W. 

15437 Manypenny, commissioner on the part of the United States, 

15438 and certain delegates of the Delaware tribe of Indians, which 

15439 treaty was ratified by the Senate of the United States on the 

15440 eleventh day of July, one thousand eight hundred and fifty- 

44 I t 



346 



15441 four, there was reserved, as a permanent home for the said tribe, 

15442 that part of their country lying east and south of a line begin- 

15443 ning at a point on the line between the Delawares and Half- 

15444 breed Kansas, forty miles in a direct line west of the boundary 

15445 between the Delawares and Wyandottes; thence north ten 

15446 miles ; thence in an easterly coarse to a point on the south bank 

15447 of Big Island Creek, which shall also be on the bank of the Mis- 

15448 souri River, where the usual high-water line of said creek inter- 
15149 sects the high-water line of said river. And by the eleventh 

15450 article of said treaty it was stipulated that " at any time here- 

15451 after, when the Delawares desire it, and at their request and 

15452 expense, the President may cause the country reserved for their 

15453 permanent home to be surveyed in the same manner as the 

15454 ceded country is surveyed, and may assign such portion to 

15455 each person or family as shall be designated by the principal 

15456 men of the tribe: Provided, Such assignments shall be uniform.' 7 

15457 The Delawares having represented to the Government that 

15458 it is their wish that a portion of the lands reserved for their 

15459 home may be divided among them in the manner contemplated 

15460 by the eleventh article of the treaty aforesaid, it is hereby 

15461 agreed by the parties hereto that the said reservation shall be 

15462 surveyed, as early as practicable after the ratification of these 

15463 articles of agreement and convention, in the same manner that 

15464 the public lands are surveyed : and to each member of the Dela- 

15465 ware tribe there shall be assigned a tract of land containing 

15466 eighty acres, to include in every case, as far as practicable, a 

15467 reasonable portion of timber, to be selected according to the 

15468 legal sub-divisions of survey. 

15469 Article 2. The division and assignment in severalty 

15470 among the Delawares of the laud shall be made in a compact 

15471 body, under the direction of the Secretary of the Interior, and 

15472 his decision of all questions arising thereupon shall be final and 

15473 conclusive. 

15474 Certificates shall be issued by the Commissioner of Indian 

15475 Affairs for the tracts assigned in severalty, specifying the names 

15476 of the individuals to whom they have been assigned respect- 

15477 ively, and that the said tracts are set apart for the exclusive 

15478 use and benefit of the assignees and their heirs. And said 

15479 tracts shall not be alienable in fee, leased, or otherwise dis- 

15480 posed of, except to the United States or to members of the 

15481 Delaware tribe, and under such rules and regulations as may 
] 5482 be prescribed by the Secretary of the Interior ; and said tracts 

15483 shall be exempt from levy, taxation, sale, or forfeiture, until 

15484 otherwise provided by Congress. 

15485 Prior to the issue of the certificates aforesaid the Secretary 

15486 of the Interior shall make such rules and regulations as he may 



347 



15487 deem necessary or expedient respecting the disposition of 

15488 any of said tracts, in case of the death of the person or per- 

15489 sons to whom they may be assigned, so that the same shall be 

15490 secured to the families of such deceased persons. And should 

15491 any of the Indians to whom tracts shall be assigned abandon 

15492 them, the said Secretary may take such action in relation to the 

15493 proper disposition thereof as, in his judgment, may be neces- 

15494 sary and proper, 

15495 The improvements Of the Indians residing on the lands to 

15496 be sold shall be valued by the United States, and the individual 

15497 owners thereof shall receive the amount realized from the sale 

15498 of the same, to be expended in building other improvements for 

15499 them on the lands retained. 

15500 Article 3. The Delaware tribe of Indians, entertaining the 

15501 belief that the value of their lands will be enhanced by having 

15502 a railroad passing through their present reservation, and being 

15503 of the opinion that the Leavenworth. Pawnee and Western 

15504 Railroad Company, incorporated by an act of the legislative 

15505 assembly of Kansas Territory, will have the advantage of travel 

15506 and general transportation over every other company proposed 

15507 to be formed which w ill run through their lands, have expressed 

15508 a desire that the said Leavenworth, Pawnee and Western Rail- 

15509 road Company shall have the preference of purchasing the re- 

15510 mainder of their lands after the tracts in severalty and those 

15511 for the special objects herein named shall have been selected 

15512 and set apart, upon the payment into the United States Treasury, 

15513 which payment shall be made within six months after the quan- 

15514 tity shall have been ascertained, in gold or silver coin, of such 

15515 a sum as three commissioners, to be appointed by the Secretary 

15516 of the Interior, shall appraise to be the value of said land : 

15517 Provided, in no event shall the value be placed below the sum 

15518 of one dollar and twenty-five cents per acre, exclusive of the 

15519 cost of survey of the same. [And that the United States will 

15520 issue a patent in fee simple to said company, upon the payment 

15521 as aforesaid, for all their land remaining in Kansas.] It is, 

15522 therefore, agreed by the United States that the wishes of the 

15523 Delawares shall be granted ; that they will accept of the trust re 

15524 posed upon them ; and that the money resulting from such dispo- 

15525 sition of the lands shall be disposed of and applied in the manner 

15526 provided for by the seventh and eighth articles of the Delaware 

15527 treaty of sixth May, one thousand eight hundred and fifty-four, 

15528 after expending a sufficient sum to enable them to commence 

15529 agricultural pursuits under favorable circumstances. It is also 

15530 agreed that the said railroad company shall have the perpetual 

15531 right of way over any portion of the lands allotted to the Dela- 

15532 wares in severalty, on the payment of a just compensation there- 



348 



15533 for, iu money, to the respective parties whose lands are crossed 

15534 by the line of railroad. It being the intent and meaning of the 

15535 Delawares, in consenting to the sale of their surplus lands to 

15536 said company, that they should, in good faith, and within a 

15537 reasonable time, construct a railroad through their reservation, 

15538 and to carry out this intent, as well as to secure so great a 

15539 public convenience, it is agreed that no patent shall issue for 

15510 any of these lands, nor shall the sale be binding upon the Dela- 

15511 ware Indians nor the United States, until the Secretary of the 

15512 Interior shall be fully satisfied that a line of twenty-five miles 

15543 of the road from Leavenworth City shall have been completed 

15544 and equipped, when a patent shall issue for one-half of the 

15545 ascertained quantity, the patent for the residue to issue only 
15516 when the said Secretary shall be satisfied tfhat the road has 

15547 been in like manner completed and equipped to the western 

15548 boundary of the Delaware reservation. And if the said company 

15549 shall fail or neglect to construct either the first or second sec- 

15550 tions of the road, or having constructed the first section and 

15551 fail to complete the second section within a reasonable time, 

15552 they shall forfeit to the United States all right to the lands not 

15553 previously patented, and the certificate of purchase shall be 

15554 deemed and considered cancelled, And provided further, That 

15555 in case the said company shall fail to make payment for the 

15556 lands, or fail to construct the road, as hereinbefore stipulated, 

15557 within a reasonable time, the surplus lands shall be disposed of 

15558 by the Secretary of the Interior at public auction, in quantities 

15559 not exceeding one hundred and sixty acres ; but in no case for a 

15560 sum less than the appraised value, the net proceeds to be ap- 

15561 plied in the same manner as hereinbefore specified. And pro- 
log vided further, That the said railroad company shall finally, and 

15563 in good faith sell and dispose of all said lands within seven 

15564 years after receiving the patent therefor, except what may be 

15565 necessary for railroad purposes, and, in default thereof, so much 

15566 thereof as may remain undisposed of shall revert to the Dela- 

15567 ware Nation, to be disposed of as is herein provided for other 

15568 forfeited lands. 

15569 Article 4. Whereas some years ago a good many of the 

15570 Delawares went down among the Southern Indians, and as there 

15571 are still about two hundred of them there, and as they have 

15572 reason to believe they will return soon, it is hereby agreed that 

15573 eighty acres each be set apart for them, to be allotted to them 

15574 as they return, and certificates to be then issued to them, in the 

15575 same manner as to those now within the reservation, and in 

15576 every respect to be governed by the same rules and regulations 

15577 as prescribed for the government of the lands reserved by the 



349 



15578 preceding articles, that until they return the allotments set apart 

15579 for belong to the nation in common. 

15580 Article 5, There shall be reserved three hundred and 

15581 twenty acres of ground where the mill, and school-house, and 

15582 Ivetchum's store now stand; three hundred and twenty acres 

15583 where the council-house now is; one hundred and sixty acres 
15581 where the Baptist mission now is ; one hundred and sixty acres 

15585 where the agency-house now is ; forty acres where the Methodist 

15586 Episcopal Church, South, now is ; forty acres where the Methodist 

15587 Episcopal Church, Xorth, now is; which several tracts, with the 

15588 improvements thereupon, shall be disposed of when the objects 

15589 for which they have been reserved shall have been accomplished, 

15590 in such manner and for such purposes as the Secretary of the 

15591 iDterior shall determine to be just and equitable, for the benefit 

15592 of the Delawares, 

15593 Article 6. By article fourteen of the treaty between the 
15591 Delawares and the United States, of May six, eighteen hundred 

15595 and fifty -four, ratified by the Senate July eleven, eighteen hun- 

15596 dred and fifty-four, the United States bound herself to protect 

15597 them and their rights ; and that whereas, that depredations of 

15598 various kinds have been committed upon them and their lands. 

15599 it is hereby agreed that the United States shall pay them, within 

15600 twelve months from the ratification of these articles of treaty 

15601 and convention, thirty thousand dollars as indemnity for timber 

15602 that has been cut off their reservation by the whites, and nine 

15603 thousand five hundred dollars as indemnity for ponies and cattle 
15601 that have been stolen from them by the whites since their last 

15605 treaty with the United States, It is further stipulated that, 

15606 should the Senate of the United States refuse this article.it 

15607 shall in nowise affect the validity of the other articles, or pre- 

15608 judice the right of the Delawares to appeal to the Congress of 

15609 the United States for the indemnities hereby agreed upon. 

15610 It is further understood that, at the treaty between the 

15611 Delawares and the United States, made September twenty-four. 

15612 eighteen hundred and twenty-nine, the boundary of the reserva- 

15613 tion then set apart for them included the Half-breed Kansas 
15611 lands : but it afterwards proved that the United States had 

15615 previously set apart these lands for the Half-breed Kaws, and by 

15616 that means they have been kept out of the use and benefit of 

15617 said lands : it is, therefore, hereby agreed that a fair valuation 

15618 shall be made by the United States upon such lands, under the 

15619 direction of the Secretary of the Interior, and that the amount 

15620 of said valuation shall be paid the Delawares. 

15621 Article 7. In consideration of the long and faithful ser- 

15622 vices of the chiefs of the Delaware Xation, and of their inter- 

15623 preter, who is also a member of the nation, it is further agreed 



350 



15624 that the said chiefs and interpreter shall have allotted to each 

15625 a tract of land, to be selected by themselves, and shall receive 

15626 a patent in fee-simple therefor from the President of the United 

15627 States, viz : John Connor, principal chief, six hundred and forty 

15628 acres ; Sar-cox ie, chief of the Turtle band, three hundred and 

15629 twenty acres ; Rock-a-to-wha, chief of the Turkey band, three 

15630 hundred and twenty acres ; Ne=con-he-con, chief of the Wolf 

15631 band, three hundred and twenty acres ; and Henry Tiblow, in- 

15632 terpreter, three hundred and twenty acres ; the lines of each 

15633 tract to conform to the legal subdivisions of survey. It is fur 

15634 ther agreed that, from the money as paid the Delaware tribe of 

15635 Indians, in accordance with article number ten of this treaty 

15636 the chiefs of said tribe of Indians shall appropriate one thousand 

15637 five hundred dollars as the annual salary of the councilmen of 

15638 the said tribe of Indians. 

15639 Article 8. Any stipulation in former treaties inconsistent 

15610 with those embraced in the foregoing articles shall be of no force 

15611 or effect, 

15612 Article 9. As these articles are entered into for the sole 

15613 use and benefit of the Delaware Indians, it is understood that 
15611 the expenses incident to carrying them into effect shall be de- 
15645 frayed from the funds of said Indians, held in trust for them by 
15616 the United States. 

15647 Article 10. The interest accruing to the Delawares under 

15618 the former treaties, and that which may accrue under this, shall 

15619 be paid on the first of April and October in each year. 
15650 Proclaimed 27th August, 1870. 



15651 Treaty between the United States and the Delaware tribe of Indians, 

15652 concluded July 2, 1S61 • ratified August 6, 1861. 

15653 Abraham Lincoln, President of the United States of America, 
15651 to all and singular to whom these presents shall come, 
15Q55 greeting : 

15656 Whereas a treaty or agreement was made and concluded at 

15657 Leavenworth City, Kansas, on the second day of July, one thou- 

15658 sand eight hundred and sixty-one, between the United States of 

15659 America and the Delaware tribe of Indiaus, relative to certain 

15660 lands of that tribe conveyed to the Leavenworth, Pawnee and 

15661 Western Railroad Company, and to bonds executed to the 

15662 United States by the said company for the payment of the said 

15663 Indians, which treaty or agreement, with the preliminary and in- 

15664 cidental papers necessary to the full understanding of the same, 

15665 is in the following words, to wit : 

15Q6G Whereas, by the treaty of May 30, 1860, bet ween the United 



351 



15667 States and the Delaware tribe of Indians, it is provided that the 

15668 surplus lands of said Delawares, not included in their "home 

15669 reserve," should be surveyed and appraised under direction o 

15670 the Secretary of the Interior ; and that in order to aid in the 

15671 construction of a railroad near and through their said "home 

15672 reserve," the Leavenworth, Pawnee and Western Eailroad Com- 

15673 pany of Kansas, duly organized and incorporated under the laws 
15671 of said Territory, should have the right to purchase such surplus 

15675 lands at such appraised value — on condition, however, that after 

15676 paying for said lands, said company should only receive title to 

15677 one-half of them on completing and equipping, within a reasona- 

15678 ble time, twenty-five (25) miles of said railroad from Leavenworth 

15679 City westward; and should only receive title to the remaining 

15680 half of said lands on completing and equipping said road, within 

15681 a reasonable time, to the western boundary of the " Delaware 

15682 Eeserve f and that in case said company should fail to pay for said 

15683 lands, or, having paid, should forfeit the same, or any part thereof, t 

15684 before receiving title, by failing to construct either the first or 

15685 the second section of said road within such reasonable time, then 

15686 the lands so forfeited, or not paid for, should be sold in quanti- 
156S7 ties not exceeding one hundred and sixty (160) acres, at not less 

15688 than such appraised value ; the proceeds of such sale, subject to 

15689 a certain contingent deduction, to be invested by the President 

15690 of the United States in "safe and profitable stocks," for the ben- 

15691 efit of said Delaware Indians ; and 

15692 Whereas said surplus lands, to the amount of 223,966-/-^, 

15693 acres, have been duly surveyed and appraised at an aggregate 

15694 valuation of two hundred and eighty-six thousand seven hun- 

15695 dred and forty-two and T ^ ($286,742^) dollars 5 and 

15696 Whereas the said Leavenworth, Pawnee and Western Kail- 

15697 road Company has executed, under their corporate seal, and 

15698 by the hand of Thomas Ewing, jr., their agent, their twenty-nine 

15699 (29) several bonds, all of even date herewith, and numbered from 

15700 one to twenty-one inclusive, for sums amounting in the aggregate 

15701 to $28.6,742 being the amount of the valuation of said surplus 

15702 lands as above stated, twenty eight (28) of which said bonds are 

15703 for the sum of ten thousand ($10,000) dollars each, and one is 

15704 for the sum of six thousand and seven hundred and forty-two 

15705 and r \\ ($6,742^) dollars, and payable in ten (10) years after 

15706 their date, at the office of the assistant treasurer of the L^nited 

15707 States, in the city of Hew York, to the Commissioner of Indian 

15708 Affairs of the United States or bearer, with interest at the rate 

15709 of six per cent, per annum, payable annually at the same place 

15710 on interest-warrants attached to said bonds, which said bonds 

15711 have been delivered by said company to Archibald Williams, 

15712 judge of the United States court for the district of Kansas, and 



352 



15713 have been by hiin received and receipted for as agent of the 

15711 United States for that purpose specially appointed, in accord- 

15715 ance with the instructions of the President of the United States 

1571G of June 10, 1861, hereto attached and made part hereof, and for 

15717 the consideration and use in said instructions set forth : 

15718 'Now, therefore, to secure the payment of said bonds and 

15719 every part thereof , and of all interest to become due thereon, 

15720 according to the terms thereof, the Leavenworth, Pawnee and 

15721 Western Eailroad Company, by its agent hereto specially author- 

15722 ized by resolution of the board of directors of said company of 

15723 April 11, 1861, a certified copy of which said resolution is hereto 
15721 attached, hereby agrees with the United States, as trustee for 

15725 said Delaware tribe of Indians, that in case said company shall 

15726 at any time hereafter neglect or fail to pay the whole or any part 

15727 of the interest on all or any one of said bonds, or shall neglect or 

15728 fail to pay the whole or any part of the principal of all or any 

15729 one of said bonds, when any such payment, either of principal or 

15730 of interest, shall become due and payable, then the said railroad 

15731 company shall be deemed and held to have forfeited all right and 

15732 title of any kind whatever to the one hundred thousand (100,000) 

15733 acres of land herein described, to wit : 

1q734: Description. Section. Township. Range. Meridian. 

15735 Southeast quarter .................. 2 10 17 E. 6th. 

15736 Section 12 10 17 E. 6th. 

15737 West half 13 10 17 E. 6th. 

15738 East half 14 10 17 E. 6th. 

15739 Section 21 10 17 E. 6th. 

15740 West half 25 10 17 E. 6th. 

15741 Section 36 10 17 E. 6th. 

15742 South half....... 3 10 18 E. 6 th. 

15743 South half 4 10 18 E. 6th. 

15744 Section 9 10 18 E. 6th. 

15745 South half 25 10 19 E. 6th. 

15746 Section 26 10 19 E. 6th. 

15747 Section . [ . . - 28 10 19 E. 6th. 

15748 West half 30 10 19 E. 6th. 

15749 Section 32 10 19 E. 6th. 

15750 Section 34 10 19 E. 6th. 

15751 Section 36 10 19 E. 6th. 

15752 South half. 2 10 20 E. 6th. 

15753 South half 4 10 20 E. 6th. 

15754 S.W. quarter..., 5 10 20 E. 6th. 

15755 East half 19 10 18 E. 6th. 

15756 East half 24 10 18 E. 6th. 

15757 North half 25 10 18 E. 6th. 

15758 Ea«thalf, lt , i Hu il . l , 26 10 18 E. 6th. 



353 



15759 


Description. 


ijfiection, 


Townnhtp, 


Ranee. 


MerHian. 
P. M. 


15760 


West half . . . . 


28 


10 


18 E. 


6 th- 


15761 




30 


10 


18 E. 


6th. 


15762 


West half ... . 


32 


10 


18 E. 


6th. 


15763 




35 


10 


18 E. 


6th. 


15764 


South half. 


.......... 1 


10 


19 E. 


6th. 


15765 


South half. .......... 


3 


10 


19 E. 


6th. 


15766 


South half. 




10 


19 E. 


6th . 


15767 




. 7 


10 


19 E. 


6th . 


15768 


Section 


9 


10 


19 E. 


6th. 


15769 




... .... H 


10 


19 E. 


6th. 


15770 


Section 


13 


10 


19 E. 


6th. 


15771 


Section 


15 


10 


19 E. 


6th. 


15772 


Section 


17 


10 


19 E. 


6th. 


15773 




.......... 19 


10 


19 E. 


6th. 


15774 


West half 


20 

¥ 

22 


10 


19 E. 


6th. 


15775 


Section 


10 


19 E. 


6th. 


15776 


East half 


......... 23 


10 


19 E. 


6th. 


15777 




.......... 24 


10 


19 E. 


6th. 


15778 




.......... 6 


10 


20 E. 


6th. 


15779 




8 


10 


20 E. 


6th. 


15780 


Section 


:'. 10 


10 


20 E. 


6th. 


15781 




.......... 12 


10 


20 E. 


6th. 


15782 




.......... 14 


10 


20 E. 


6th. 


15783 


West half 


.......... 15 


10 


20 E. 


6 th. 


15784 


Section . . „ . , 


17 


10 


20 E. 


6th. 


15785 


East half... 


.......... 19 


10 


20 E. 


6th. 


15786 


East half. 


.......... 20 


10 


20 E. 


6th . 


15787 


West half . . . . , 


......... 21 


10 


20 E. 


6th. 


15788 




22 


10 


20 E. 


6th. 


15789 




24 


10 


20 E. 


6th. 


15790 




26 


10 


20 E. 


6th. 


15791 




.......... 28 


10 


20 E. 


6th- 


15792 




30 


10 


20 E. 


6th. 


15793 


Section . , 


......... 32 


10 


20 E. 


6th. 


15794 


Section 


......... 34 


10 


20 E. 


6th. 


15795 




......... 36 


10 


20 E. 


6th. 


15796 




... ...... 8 


10 


21 E. 


6th. 


15797 




- 10 


10 


21 E. 


6th. 


15798 




12 


10 


21 E. 


6th. 


15799 




......... 13 


10 


21 E. 


6th. 


15800 




15 


10 


21 E. 


6th. 


15801 




......... 17 


10 


21 E. 


6th. 


15802 




.... .19 


10 


21 E. 


6th. 


15803 




......... 21 


10 


21 E. 


6th. 


15804 


Section 

45 I T 


23 


10 


21 E. 


Gth. 



354 



15805 Description. Section. Township. Range. Meridian. 

15806 Section . . 25 10 21 E. 6th. 

15807 Section 27 10 21 E. 6th. 

15808 Section t 29 10 21 E. 6th. 

15809 Section . 31 10 21 E. 6th. 

15810 Section 33 10 21 E. 6th. 

15811 Section 35 10 21 E. 6th. 

15812 Section 7 10 22 E. 6th. 

15813 Section............. 9 10 22 E. 6th. 

15814 Section 11 10 22 E. 6th. 

15815 Section 13 10 22 E. 6th. 

15816 Section 15 10 22 E. 6th. 

15817 Section 17 10 22 E. 6th. 

15818 Section 19 10 22 E. 6th. 

15819 Section. 21 10 22 E. 6th. 

15820 Section . 23 10 22 E. 6th. 

15821 Section 25 10 22 E. 6th. 

15822 Section.... . 27 10 21 E. 6th. 

15823 Section 29 10 22 E. 6th. 

15824 Section 31 10 22 E. 6th. 

15825 Section 33 10 22 E. 6th. 

15826 Section 35 10 22 E. 6th. 

15827 Section , 7 10 23 E. 6th. 

15828 Section 9 10 23 E. 6th. 

15829 Section 11 10 23 E. 6th. 

15830 Section , 19 10 23 E. 6th. 

15831 South half - 1 11 17 E. 6th. 

15832 South half 12 11 17 E. 6th. 

15833 North half 13 11 17 E. 6th. 

15834 South half 24 11 17 E. 6th. 

15835 South half. .................... 2 11 18 E. 6th. 

15836 South half 4 11 18 E. 6th. 

15837 East half 6 11 18 E. 6th. 

15838 East half. 7 11 18 E. 6th. 

15839 Section 8 11 18 E. 6th. 

15840 Section 10 11 38 E. 6th. 

15841 Section 12 11 18 E. 6th. 

15842 Section 14 11 18 E. 6th. 

15843 West half 15 11 18 E. 6th. 

15844 East half . 17 11 18 E. 6th. 

15845 East half 18 11 18 E. 6th. 

15846 West half 20 11 18 E. 6th. 

15847 East half 22 11 18 E. 6th, 

15848 West half • 23 11 18 E. 6th. 

15849 West half 24 11 18 E. 6th. 

15850 East half 25 11 18 E. 6th. 



355 



15851 


Description. 


Section. 


Township. 


Range. 


Meridian. 
P. M. 


15852 


South half 


1 


11 


19 E. 


6th. 


15853 


South half 


3 


11 


11) B. 


6th. 


15854 


South half 


5 


11 


19 E. 


6th. 


15855 


East half , 


7 


11 


19 E. 


6th. 


15856 


Section 


9 


11 


19 E. 


6th. 


15857 


Section 


11 


11 


19 E. 


6th. 


15858 




13 


11 


19 E. 


6th. 


15859 




15 


11 


19 E. 


6th. 


15860 




17 


11 


19 E. 


6th. 


15861 


East half 


18 


11 


19 E. 


6th. 


15862 




.... 19 


11 


19 E. 


6th. 


15863 




21 


11 


19 E. 


6th. 


15864 




23 


11 


19 E. 


6th. 


15865 




25 


11 


19 E. 


6th. 


15866 


East half 


24 


11 


19 E. 


6th. 


15867 




27 


11 


19 E. 


6 th. 


15868 


Section 


29 


11 


19 E. 


6th. 


15869 


East half . .. ' 


30 


11 


19 E. 


6th. 


15870 


East half,.. . 


........ 33 


11 


19 E. 


6th. 


15871 




34 


11 


19 E. 


6th. 


15872 


North half , . . . 


35 


11 


19 E. 


6th. 


15873 


Section 


36 


11 


19 E. 


6 th. 


15874 


South half ... 


....... 1 


11 


20 E. 


6th. 


15875 


South half. 


2 


11 


20 E. 


6th. 


15876 


South half. 


........ 3 


11 


20 E, 


6th. 


15877 


South half. ... . . 


........ 4 


11 


20 E. 


6th. 


15878 


East half 


........ 7 


11 


20 E. 


6th. 


15879 


South half. 


8 


11 


20 E. 


6th. 


15880 


South half 


9 


11 


20 E. 


6th. 


15881 




.... 13 


11 


20 E. 


6tb. 


15882 


S. W. quarter 


15 


11 


20 E. 


6th. 


15883 


North half 


17 


11 


20 E. 


6tD. 


15884 


East half 


18 


11 


20 E. 


6th. 


15885 




19 


11 


20 E. 


6th. 


15886 


North half 


20 


11 


20 E. 


6th. 


15887 


West half.. 


21 


11 


20 E. 


6th. 


15888 


East half 


99 


11 


20 E. 


6th. 


15889 


South half „ a 


23 


11 


20 E. 


6th. 


15890 


South half ........ 


24 


11 


20 E. 


6th. 


15891 




.. 25 


11 


20 E. 


6th. 


15892 


South half 


26 


11 


20 E. 


6th. 


15893 


East half 


„ 27 


11 


20 E. 


6th. 


15894 


East half 


33 


11 


20 E. 


6th. 


15895 




........ 34 


11 


20 E. 


6th. 


15896 




. . „ 36 


11 


20 E. 


6th. 



356 



15897 


Description. 


Section. 


Township. 


Kange. 


Meridian. 

y. m. 


15898 


South half 


....... 1 


11 


21 E. 


6th. 


15899 


South half 


....... 3 


11 


21 E. 


6th. 


15900 


South half 


5 


11 


21 E. 


6th. 


15901 


East half 




11 


21 E. 


6th. 


15902 


Section 


8 


11 


21 E, 


6th. 


15903 




10 


11 


21 E. 


6th. 


15904 


Section 


....... 12 


11 


21 E. 


6th. 


15905 


South half 


13 


11 


21 E. 


6th. 


1590G 




14 


11 


21 E. 


6th. 


15907 


West half 


15 


11 


21 E. 


6th. 


15908 




17 


11 


21 E. 


6th. 


15909 


East half 


18 


11 


21 E. 


6 th. 


15910 


East half 


19 


11 


21 E. 


6th. 


15911 


East half 


20 


11 


21 E. 


6th. 


15912 


West half . . 


....... 21 


11 


21 E. 


6th. 


15913 


Section 


22 


11 


21 E. 


6th. 


15914 


South half. 


. . 27 


11 


21 E. 


6th. 


15915 


Section. ..................... 


........ 28 


11 


21 E. 


6th. 


15910 


West half. ............... 


29 


11 


21 E. 


6th. 


15917 


East half. 


....... 30 


11 


21 E. 


6th. 


15918 


East half 


31 


11 


21 E. 


6th. 


15919 




32 


11 


21 E. 


6th. 


15920 




....... 34 


11 


21 E. 


6th. 


15921 




....... 3 


11 


22 E. 


6th. 


15922 


Section 


....... 5 


11 


22 E. 


6th. 


15923 


East half. 




11 


22 E. 


6th. 


15924 


West half. ................. 


....... 8 


11 


22 E. 


6th. 


15925 




....... 9 


11 


22 E. 


6th. 


15926 




15 


11 


22 E. 


Gth. 


15927 




........ 17 


11 


22 E. 


6th, 


15928 


East half... 


. 18 


11 


22 E. 


6th. 


15929 




....... 1 


12 


19 E. 


6th. 


15930 




o 


12 


19 E. 


6th. 


15931 


South half 


12 


12 


19 E. 


6th. 


15932 




........ 13 


12 


19 E. 


6th. 


15933 




....... 1 


12 


20 E. 


6th. 


15934 




....... 3 


12 


20 E. 


6th. 


15935 


Section 


5 


12 


20 E. 


6th. 


15936 


East half 


6 


12 


20 E. 


6th. 


15937 


East half. 


7 


12 


20 E. 


6th. 


15938 




....... 9 


12 


20 E. 


6th. 


15939 




11 


12 


20 E. 


6th. 


15940 




12 


12 


20 E. 


6th. 


15941 




14 


12 


20 E. 


6th, 


15942 


East half 


........ 15 


12 


20 E. 


6th. 



357 



15943 


Description. 


Section. '. 


rownil.ip. 


Range. 


Meridian. 
P. M. 


15944 


East half 


18 


12 


20 E. 


Gth. 


15945 


East half 


19 


12 


20 E. 


Gth. 


15916 




21 


12 


20 E. 


Gth. 


15947 


North half 


29 


12 


20 E. 


Gth. 


15948 




21 


12 


20 E. 


Gth. 


15949 




16 


12 


20 E. 


Gth. 



15950 1561 sections, or 100,000 acres. 

15951 And immediately on such failure, the United States may 

15952 take possession of and sell said lands for the exclusive benefit 

15953 of said Delaware Indians. 

15954 And in case said company shall forfeit the one hundred 

15955 thousand (100,000) acres above described, it shall thereupon 

15956 also forfeit all its right and title to all the lands purchased by 

15957 it from said Indians, not earned and patented at the date of such 

15958 forfeiture. 

15959 And said company further agree that, on the completion of 

15960 the first section of said road, it shall only be entitled to a patent 

15961 for one-half of the lands not pledged for the payment of said 

15962 bonds ; and on the completion of said second, section it shall 

15963 have a patent for only the remaining half ; and that no patent 

15964 shall issue to it for any of the lands so pledged, until after said 

15965 bonds and the interest-warrants attached shall all and every 

15966 part "of them have been fully and promptly paid and cancelled. 

15967 In witness whereof, the said Leavenworth, Pawnee and 

15968 .Western Eailroad Company, by Thomas E wing, jr., their agent 

15969 aforesaid, have executed this instrument and attached thereto 

15970 the seal of said company, this 2d day of July, 1861. 

15971 The Leavenworth, Pawnee and Western Railroad Company, 

15972 by their agent, 

15973 [seal.] THOMAS EWING, Jr. 

15974 State of Kansas, Leavenworth County, ss : 

15975 On this second day of July, A. D, 1861, before me, the un- 

15976 dersigned authority, a notary public in and for the county afore- 

15977 said, in the State aforesaid, personally came Thomas Ewing, 

15978 jr., agent of the Leavenworth, Pawnee and Western Eailroad 

15979 Company, to me personally known to be the identical person 

15980 who signed the foregoing instrument of writing, and whose 

15981 name is thereto affixed as grantor, and he acknowledged the 

15982 same to be his own voluntary act and deed. 

15983 Witness my hand and notarial seal, this 2d day of July. A. 

15984 D, 1861. 

15985 [seal.] W. S. VAN DOREN, 

15986 Notary Public, Leavenworth County, Kansas 



358 



159S7 
15988 
15989 
15990 
15991 
15992 
15993" 
15991 
15995 
15996 
15997 
15998 
15999 
16000 
16001 
16002 
16003 
16004 
16005 
16006 
16007 
16008 
16009 
16010 
16011 
16012 
16013 
16011 
16015 
16016 
16017 
16018 

16019 
16020 
16021 
16022 
16023 
16024 
16025 
16026 
16027 
16028 
16029 
16030 
16031 



At a called meeting of the board of directors of the Leav- 
enworth, Pawnee and Western Railroad Company, on Monday, 
July 1st, 1861, at the office of A. J. Isacks, in Leavenworth 
City, Kansas, was present, Jas. C. Stone, Amos Eees, Thomas 
Ewing, jr., and Thomas S. Gladding. 

Resolved, That Thomas Ewing, jr., be authorized and di- 
rected, as agent of the company, to make, execute, and deliver 
to Archibald Williams, as agent of the United States, the bonds 
and interest-warrants of the company for $286, 742 T 1 ( fo 5 payable 
in ten years from their date, with 6 per cent, interest, payable 
annually, payable to the Commissioner of Indian Affairs, or 
bearer, at the office of the assistant treasurer of the United 
States in the city of ISTew York ; and also to make and execute 
to the United States, and cause to be recorded and delivered to 
said Williams, as such agent, a mortgage of the company on the 
onehundred thousand acres of Delaware Indian lands, described 
in the letter of the Commissioner of Indian Affairs to the Sec- 
retary of the Interior, of May 29th, 1861 : such mortgage to con- 
tain all the conditions prescribed in the paper signed by the 
President of the L T nited States, of June 10th, 1861, the terms 
of which are hereby accepted by the company. 

I hereby certify that at a meeting of the board of directors 
of the Leavenworth, Pawnee and Western Railroad Company, 
held at the office of A. J. Isacks, in the city of Leavenworth, in 
the State of Kansas, on the 1st day of July, 1861, the foregoing 
proceedings were had and recorded on the journal of the com- 
pany • and that the same is a true and correct transcript of the 
same from the journal of said company. 

In testimony whereof I hereunto sign my name and affix 
the official seal of the company. 

[seal.] THOS. S. GLADDING, 

Secretary L. P. <fe Tf. R. R. Co. 

Whereas, by the treaty of Sarcoxieville, amended by the 
United States Senate, and finally ratified by the President of 
the United States on the 22d day of August, 1860, a principal 
object of both parties was the construction of a certain contem- 
plated railroad therein named ; and to that end the Leavenworth, 
Pawnee, and Western Railroad Company were to pay into the 
United States Treasury, in gold or silver coin, a sum of money, 
afterwards ascertained to be 8286,742.15, as the appraised value 
of certain lands in Kansas belonging to the Delaware tribe of 
Indians ; which sum of money, after expending a sufficient part 
of it to enable the Indians to commence agricultural pursuits 
under favorable circumstances, was to be by the President, for 
said Indians, invested in safe and profitable stocks ; and 



359 



16032 Whereas the said railroad company is not able to pay said 

16033 sum of money within time, according to said treaty ; and 

j 6031 Whereas the President is of opinion that it is not for the in. 

16035 terest of either party that said object of the treaty shall fail, 

16036 but not knowing what would be the desire of said Indians on 

16037 this point, nor knowing whether any part of said sum would be 

16038 needed to enable the Indians to commence agricultural pursuits 

16039 under favorable circumstances, but supposing it probable that 

16010 no part of it would be so needed, as said Indians now have over 

16011 fifty thousand dollars lying idle in the United States Treasury 
16042 Therefore, 

16013 It is directed by the President that said Railroad Company 

16011 may execute their bonds, with interest-warrants or coupons at 

16015 tached, according to the forms hereto annexed, the principal of 

16016 which bonds shall amount to the aggregate sum of $286,742.15, 

16047 and deposit the same with Archibald Williams, of Kansas, 

16048 hereby appointed to receive and receipt for the same, to be by 

16049 him transmitted to the Commissioner of Indian Affairs for the 

16050 use of said Indians ; and also shall, in due and proper form, ex- 

16051 ecute a mortgage upon one hundred thousand acres of the land 

16052 contemplated in and by said treaty to aid in the construction of 

16053 said railroad, the said one hundred thousand acres to be the 

16054 lauds designated in the letter of the Commissioner of Indian 

16055 Affairs to the Secretary of the Interior, dated May 29, 1861 : 

16056 said mortgage to be conditioned for the full payment of said 

16057 bonds, both as to interest and principal ; and that on any failure 

16058 to pay either when due all right and interest of said railroad 

16059 company in and to said mortgaged land, and also to all such pf 

16060 said land not mortgaged as shall not at that time be earned and 

16061 patented according to said treaty, shall be forfeited, and said 

16062 land again become the absolute property of the United States 

16063 in trust for said Indians $ and said mortgaged lands to be in no 

16064 event patented to said until said bonds, principal and in 

16065 terest, shall be fully paid. And upon said bonds being so made 

16066 and deposited, and said mortgage being so executed and duly 

16067 recorded in Leavenworth County, Kansas, all matters, so far as 

16068 not necessarily varied by this arrangement, shall proceed in 

16069 conformity to said treaty, as if the money had been paid by said 

16070 railroad company, and had been invested by the President in 

16071 said railroad bonds: Provided always. That this arrangement 

16072 shall be of no effect until Archibald Williams, judge of the 

16073 United States court for the district of Kansas, shall have en- 

16074 dorsed a certificate upon this paper that he has carefully exam- 

16075 ined the same, and also the bonds and mortgage offered in com 

16076 pliancewith its provisions, and has found that bonds and mort- 

16077 gage do in fact comply with and fulfil said provisions; and also 



360 



10078 that he has had before hiin. the chiefs aiid head-men named in 

16079 said treaty, as John Connor, Sar-cox-ie, Ne-con-he-eon, and 

16080 Eock-a-to-wka, and has fnlly explained to them the nature and 

16081 effect of this departure from the terms of said treaty, and that 

16082 they freely assented to the same. 

16083 ABEAHAM LINCOLN. 
16081 Jvm 10, 1861. 

16085 Form of Bond. 

16086 $10,000. No. 1. 

16087 Know all men by these presents : That the Leavenworth, 

16088 Pawnee and Western Railroad Company is held and bound to 

16089 the United States, as trustee for the Delaware tribe of Indians, 

16090 in the sum of ten thousand dollars, to be paid to the Commis- 

16091 sioner of Indian Affairs, or bearer, at the office of the assistant 

16092 treasurer of the United States, in the city of New York, in ten 

16093 years from the date hereof, on the surrender of this bond, with iu- 
16091 tereston said sum from the same date, at six per cent, per annum, 

16095 payable annually at the same office, on the surrender, as they 

16096 severally fall due, of the annexed interest- warrants. This bond 

16097 being one of twenty-nine bonds for sums amounting in the 

16098 aggregate to $290,560, the payment of which, with the interest - 

16099 warrants attached, is secured by mortgage of even date here- 

16100 with on one hundred thousand acres of the land acquired by 

16101 said company, under the conditions and provisions of the treaty 

16102 between the United States and the Delaware tribe of Indians of 

16103 May 30, 1860. 

16101 In witness whereof the Leaven worth, Pawnee and Western 

16105 Railroad Company, by Thomas Ewiug, jr., their agent, have 

16106 signed this obligation, and have attached thereto their corporate 

16107 seal this 11th day of May, 1861. 

16L08 The Leavenworth, Pawnee and Western Railroad Com- 

16109 pany by 

16110 [SEAL.] THOMAS EWING, Jr., 

16111 Their Agent. 

16112 Form of Warrant. 

16113 The Leavenworth, Pawnee and Western Eailroad Company 
16111 promises to pay to the Commissioner of Indian Affairs of the 

16115 United States or bearer, on the 11th day of May, 1862, at the 

16116 office of the assistant treasurer of the United States, in the 

16117 city of New York, six hundred dollars, interest due that day on 

16118 their bond No. 1. 

16119 The Leavenworth, Pawnee and Western Railroad Com- 

16120 pany, by 



16121 
16122 



THOMAS EWING, Jr., 

Their Agent. 



361 



16123 Office of Eegistee of Deeds, 

16124 County of Leavenworth, State of Kansas, ss: 

16125 I, W. S. Tan Dorcn, register of deeds within and for the 

16126 county aforesaid, do hereby certify that the within and forego- 

16127 ing instruments of writing were received by rne for record this 

16128 second day of July, A. D. 1861, at 3J o'clock p. rn., and that 

16129 the same are duly recorded in Book P, for recording mortgages, 

16130 at page 230, &c. 

16131 ' In testimony whereof I have hereunto set my hand and of- 

16132 ficial seal of office, the day and year aforesaid. 

16133 [seal.] AY. S. TAX DOREX, 
16131 Register of Deeds. 

16135 I, Archibald Williams, judge of the United States court for 

16136 the district of Kansas, do hereby certify that I have carefully 

16137 examined the within paper signed by the President of the 

16138 United [States,] and have also examined and approved the 

16139 bonds and mortgage offered by the Leavenworth, Pawnee and 

16110 Western Eailroad Company in compliance with its provisions, 

16111 and have aecepted said bonds and mortgage, and receipted to 

16112 said company for the same, as agent of the United States, and 

16113 caused said mortgage to be duly recorded in the office of the 
16111 recorder of deeds for Leavenworth County, Kansas. 

16115 And I do farther certify that I have had before me the 

16116 chiefs and head-men therein named, as John Connor, Sar-cox-ie, 

16117 and Xe-con-he-con, and also James Connor, who was the dele- 

16118 gate at large of said tribe, in making the treaty of 1860, and 

16119 read to them the said paper signed by the President, and fully 

16150 explained to them the nature and effect of the proposition set 

16151 forth in said paper ; and that, after they had fully discussed 

16152 the proposition, John Connor, in English, and James Counor, 

16153 Sar-cox-ie, and Xe-con-he-con, through the said John Connor 
16151 and other interpreters, declared that they understood it thor- 

16155 oughly, and each freely assented to the same; and that evidence 

16156 has been presented to me by John Connor and other chiefs of 

16157 said tribe, by which I am satisfied that Rock-a-to-wha died sev- 

16158 era! months ago, and that no chief has been appointed in his 

16159 place. 

16160 This treaty shall not beheld to apply to any lands not here- 

16161 tofore surveyed and appraised, and not included within the 

16162 limits of said reserve, nor any lands included in any fort or res- 

16163 ervation for military purposes : 

16161 If twenty-five miles of said railroad, from Leavenworth 

16165 City westwardly, is not completed and equipped within lire 

16166 years from the ratification hereof, said company shall thereupou 

16167 forfeit all right, title, and interest, legal and equitable, in and to 
16 I T 



362 



16168 all and every part of said lands ; and if the remaining section to 

16169 the western boundary of the said reserve be not completed and 

16170 equipped within three years from the date fixed for the comple- 

16171 tion of said first section, said company shall thereupon forfeit 

16172 all right, title, and interest, legal and equitable, in and to all of 

16173 said lands not theretofore earned and patented. 

16174 In the event of a failure of the said railroad company to 

16175 pay the annual interest accruing upon the bonds, secured as 

16176 above, within thirty days after the same falls due at the end of 

16177 any year, then and in such case the contract included in this 

16178 treaty shall be rescinded, and shall be of no binding efficacy 

16179 upon either party thereto. 

16180 iNo part of said lands shall be patented to said railroad 

16181 company until the money-price for such part shall have been fully 

16182 paid therefor. 

16183 Proclaimed October 4, 1861. 

16184 Treaty between the United States of America and the Delaware 

16185 Tribe of Indians; concluded July 4, 1866 ; ratification 

16186 advised July 26, 1866. 

16187 Andrew Johnson, President of the United States of America, 

16188 to all and singular to whom these presents shall come, 

16189 greeting : 

16190 Whereas a treaty was made and concluded at the Delaware 

16191 Agency, Kansas, on the fourth of July, in the year of our Lord 

16192 one thousand eight hundred and sixty-six, by and between 

16193 Thomas Murphy, John G. Pratt, and William H. Watson, com- 

16194 missioners, on the part of the United States, and Captain John 

16195 Connor, Captain Sarcoxie, Charles Journeycake, and other 

16196 chiefs, and councillors of the Delaware tribe of Indians, on the 

16197 part of said tribe of Indians, and duly authorized thereto by 

16198 them, which treaty is in the words and figures following, to 

16199 wit : 

16200 Articles of agreement between the United States and the chiefs 

16201 and councillors of the Delaware Indians, on behalf of said 

16202 tribe, made at the Delaware Agency, Kansas, on the fourth 

16203 day of July, eighteen hundred and sixty-six. 

16204 Whereas Congress has by law made it the duty of the Pres- 

16205 ident of the United States to provide by treaty for the removal 

16206 of the Indian tribes from the State of Kansas ; and 

16207 Whereas the Delaware Indians have expressed a wish to 

16208 remove from their present reservation in said State to the Indian 

16209 country, located between the States of Kansas and Texas ; and 

16210 Whereas the United States have, by treaties negotiated 

16211 with the Choctaws and Chickasaws, with the Creeks, and with 



363 



16212 the Seininoles, Indian tribes residing* in said Indian country. 

16213 acquired the right to locate other Indian tribes within the limits 
16211 of the same ; and 

16215 Whereas the Missouri River Eailroad Company, a corpora - 

16216 tion existing in the State of Kansas by the laws thereof — and 

16217 which company has built a railroad connecting with the Pacific 

16218 Railroad, from near the mouth of the Kaw River to Leavenworth, 

16219 in aid of which road the Delawares, by treaty in eighteen hun- 

16220 dred and sixty-four, agreed to dispose of their lands — has ex- 

16221 pressed a desire to purchase the present Delaware Indian reser- 

16222 vation in the said State, in a body, at a fair price : 

16223 It is hereby agreed between Thomas Murphy, superintend- 
16221 ent of Indian affairs, John G. Pratt, agent for the Delawares, 

16225 and William H. Watson, special commissioner, who are duly ap- 

16226 jjointed to act for the United States ; and Captain John Connor, 

16227 Captain Sarcoxie, and Charles Journeycake, chiefs, and James 

16228 Ketchum, James Connor, Andrew Miller, and John Sarcoxie, 

16229 councillors, duly appointed and authorized by said Delaware In- 

16230 dians to act for them and in their behalf, viz : 

16231 Article 1. That the United States shall secure and cause 

16232 to be paid to said Indians the full value of all that part of their 

16233 reservation, with the improvements then existing on the same, 

16234 heretofore sold to the Leavenworth, Pawnee, and Western Rail- 

16235 road Company, according to the terms of a treaty ratified August 

16236 twenty-second, eighteen hundred and sixty, and supplemental 

16237 treaties, and in accordance with the conditions, restrictions, and 

16238 limitations thereof. 

16239 Article 2. That the Secretary of the Interior shall be, and 

16240 he is, authorized to sell to said Misssouri River Railroad Company, 

16241 or to other responsible party or parties, in a body, all the remain- 

16242 ing part of said reservation, being the lands conveyed to said 

16243 Delaware Indians in pursuance of the provisions of the supple- 

16244 mental treaty of September twenty-fourth, eighteen hundred 

16245 and twenty-nine, and all other lands owned by the said tribe in 

16246 the State of Kansas not previously disposed of, except as herein- 

16247 after provided, for a price not less than two dollars and fifty 

16248 cents per acre, exclusive of improvements. 

16249 Article 3. It shall be the duty of the Secretary of the Iu- 

16250 terior to give each of all the adult Delaware Indians who have 

16251 received their proportion of land in severalty an opportunity, free 

16252 from all restraint, to elect whether they will dissolve their rela- 

16253 tions with their tribe and become citizens of the United States ; 

16254 and the lands of all such Indians as may elect so to become 

16255 citizens, together with those of their minor children, held by 

16256 them in severalty, shall be reserved from the sale hereinbefore 

16257 provided for. And the Secretary of the Interior shall cause any 



364 



16258 and all improvements- made on any of the said lands, the sale of 

16259 which is provided for, whether held in common or in severalty, 

16260 to be appraised, and the value thereof added to the price of said 

16261 lands, to be paid for when payment is made for the lands upon 

16262 which said improvements exist ; and the money received for 

16263 the improvements on the land of each Indian held in severalty 

16264 shall be paid to him at any time after its payment to the Secre- 

16265 tary of the Interior, when the Department shall be notified that 

16266 said Indian is ready to remove to the Indian country, to provide 

16267 for his removal to, and to enable him to make improvements on, 

16268 his new home therein : Provided, That whenever it shall be as- 

16269 certained under the registry above provided for what lands will 

16270 be vacated, there shall be set apart from the lands held in com- 

16271 mon, for each child of Delaware blood, born since the allotment 

16272 of land to said tribe in severalty was made under previous 

16273 treaties, a quantity of land equal to the amount to which they 

16274 would have been entitled had they been born before said allotment, 

16275 provided that selections for children belonging to families whose 

16276 head may elect to remain may be made from lands which are to 

16277 be vacated by those who elect to remove: And provided further, 

16278 That in case there shall be improvements upon any heretofore 

16279 allotted lands, so selected for children of the Dela wares, pay- 

16280 ment shall be made for such improvements, at their appraised 
16281. value, by the parents or guardians of said children, at the. same 

16282 time as if the said lands had been sold to the railroad company 

16283 or other parties. 

16284 Article 4. The United States agree to sell to the said 

16285 Delaware Indians a tract of land ceded to the Government by 

16286 the Ohoctaws and Chickasaws, the Creeks, or the Seminoles, or 

16287 which may be ceded by the Oherokees in the Indian country, 

16288 to be selected by the Delawares in one body in as compact a 

16289 form as practicable, so as to contain timber, water, and agricul- 

16290 tural lands, to contain in the aggregate, if the said Delaware 

16291 Indians shall so desire, a quantity equal to one hundred and 

16292 sixty (160) acres for each man, woman, and child who shall re- 

16293 move to said country, at the price per acre paid by the United 

16294 States for the said lands, to be paid for by the Delawares out of 

16295 the proceeds of sales of lands in Kansas, heretofore provided for. 

16296 The said tract of country shall be set off with clearly and per- 

16297 manently marked boundaries by the United States ; and also 

16298 surveyed as public lands are surveyed, when the Delaware 

16299 council shall so request, when the same may, in whole or in 

16300 part, be allotted by said council to each member of said tribe 

16301 residing in said country, said allotment being subject to the 

16302 approval of the Secretary of the Interior. 

16303 Article 5. The United States guarantee to the said Dela- 



365 



16304 wares peaceable possession of their new home herein provided 

16305 to be selected for thern in the Indian country, and protection 

16306 from hostile Indians and internal strife and civil war, and a 

16307 full and just participation in any general council or territoral 

16308 government that may be established for the nations and tribes 

16309 residing in said Indian country. 

16310 Article 6. It is agreed that the proceeds of the sale of tha 

16311 Delaware lands herein provided for shall be paid to said Indians 

16312 in the manner following, to wit: Whenever the Department of 

16313 the Interior shall be notified by the council, through the agent, 

16314 that any of the Delawares who hold land in severalty are ready 

16315 to remove, at the same time describing their allotments, there 

16316 shall be paid to each such person the value of his allotment, 

16317 and that of his family, to enable him to remove to and improve 

16318 his new home, provided the money for the said allotment shall 

16319 have been paid to the Secretary of the Interior ; and while said 

16320 money, or any part thereof, shall remain in the Treasury of the 

16321 United States, the Delawares shall be entitled to receive interest 

16322 on the amount so retained, at the rate of five (5) per cent, per 

16323 annum. And the residue of the proceeds of the sale of the Del- 

16324 aware lands, being those which have not been allotted, or which 

16325 have once been allotted, but have been abandoned by the allot- 

16326 tees, shall be added to the general fund of the Delawares, in- 

16327 terest thereon to be paid to the Indians in the same manner as 

16328 is now provided in regard to that fund. 

16329 Article 7. Within thirty days after the ratification of 

16330 this treaty it shall be the duty of the Secretary of the Interior 

16331 to give the said Missouri Kiver Eailroad Company notice that 

16332 he is authorized to contract with them or other responsible 

16333 party or parties for the sale of said lands on the terms specified 

16334 in this treaty, indicating the approximate quantity thereof ; 

16335 and within twenty days after receiving said notice at their 

16336 usual place of doing business in the State of Kansas it shall be 

16337 competent for said company to elect to make the purchase, by 

16338 filing with the said secretary their bond, with approved secur- 

16339 ity, in double the amount proposed to be paid by them for the 

16340 whole of said lands, guaranteeing that they will purchase all of 

16341 the lands to be sold under the provisions of this treaty, and 

16342 that they will pay for them in accordance with the terms there- 

16343 of. And upon the filing of a satisfactory bond as above pro- 

16344 vided by said company, the contract for such purchase shall be 

16345 concluded by the said secretary with said Missouri River Rail- 

16346 road Company, at not less than two dollars and fifty cents per 

16347 acre for the whole of the lands herein provided to be sold : Pro- 

16348 vided, however, That if said railroad company shall not within 

16349 the twenty days above limited file its bond for the purchase as 



366 



16350 herein prescribed, the Secretary of the Interior may at the ex- 

16351 piration of that time accept any offer for the whole of said lands 

16352 in one body, at not less than two dollars and fifty cents per 

16353 acre, from any other responsible parties ; but no offer shall be 

16354 considered from other parties than said Missouri Kiver Bailroad 

16355 Company, unless accompanied by a certificate of deposit in the 

16356 First National Bimk of the city of Washington, D. 0., to the 

16357 credit of the said secretary, for an amount equal to ten per 

16358 cent, of the aggregate value of the land at the price proposed, 

16359 to be forfeited for the use of the Delawares if the sale should 

16360 be awarded to said person or corporation so proposing to pur- 

16361 chase the lands, and said party should fail to make payment as 

16362 hereinafter provided. 

16363 Article 8. That within sixty days after the sale of said 
16361 land shall have been effected, the purchaser shall pay to the said 

16365 Secretary, in trust for the Dela wares, the stipulated price of said 

16366 unallotted lands, with the appraised value of improvements there- 

16367 on, excepting therefrom the mill reservation and the quarter see- 

16368 tions upon which the council-house and blacksmith-shops are 

16369 built, the use of which shall be retained until the final removal 

16370 of the Delawares, and for which payment shall not be required 

16371 from the purchaser until possession is delivered, and from time 

16372 to time thereafter as often as the Secretary of the Interior shall 

16373 notify the said purchaser that ten thousand acres or more of said 

16374 lands have been vacated by said Indians within three months 

16375 thereafter, said purchaser shall pay to the Secretary of the In- 

16376 terior, in trust for the said Indians, the stipulated price for said 

16377 lands, with the appraised value of the improvements, and so on, 

16378 until all are paid for, according to the true intent and meaning 

16379 hereof; and as said lands shall be paid for, patents therefor, con- 

16380 veying the same in fee-simple, shall be from time to time issued 

16381 to said purchaser, or to his or its assigns, by the President of the 

16382 United States. 

16383 Article 9. It is also stipulated that the Secretary of the 

16384 Interior shall cause a registry to be made of the names of all 

16385 of said Delawares who have elected to dissolve their tribal re- 

16386 lations and to become citizens of the United States, as j)rovided 

16387 in this treaty, with the names, ages, and sex of the members of 

16388 the family of each of said Delawares, and present a certified 

16389 copy of the same to the judge of the district court of the United 

16390 States for the district of Kansas, and cause a copy to be filed in 

16391 the office of the Commissioner of Indian Affairs, after which any 

16392 of said Delawares, being adults, may appear before the said 

16393 judge in open court, and make the same proof and take the same 

16394 oath of allegiance as is provided by law for the naturalization of 

16395 aliens, and also make proof, to the satisfaction of said court, that 



367 



16390 he is sufficiently intelligent and prudent to control his own affairs 

16397 and interests, that he has adopted the habits of civilized life, and 

16398 has been able to support, for at least five years, himself and fam- 

16399 ily, when he shall receive a certificate of the same under the seal 

16400 of the said court 5 and on the filing of the said certificate in the 

16401 office of the Commissioner of Indian Affairs, the said Delaware 

16402 Indian shall be constituted a citizen of the United States, and 

16403 be entitled to receive a patent, in fee-simple, with power of alien- 

16404 ation, for the land heretofore allotted him, and his just propor- 

16405 tion, in cash or in bonds, of the cash value of the credits of said 

16406 tribe, principal and interest, then held in trust by the United 

16407 States, and also, as the same may be received, his proportion of 

16408 the proceeds of the sale of lands under the provisions of this 

16409 treaty, when he shall cease to be a member of said tribe. Where- 

16410 upon all of the minor children of those who have become citi- 

16411 zens shall be construed to have elected to sever their connection 

16412 with said tribe for the time being, and be entitled to their just 

16413 proportion of the annuities of the tribe, to be paid to the head 

16414 of the family, to be expended for their support and education 

1 6415 until they shall attain the age of twenty-one years, after which 

16416 each shall elect to remove to his tribe, or to become a citizen of 

16417 the United States, as hereinbefore provided, and if thus admitted 

16418 to citizenship, shall be entitled to all the privileges and interests 

16419 herein provided for the head of the family. Should any minor 
3 6420 as aforesaid, arriving at the age of twenty-one years, and elect- 

16421 ing to become a citizen of the United States, or any adult In- 

16422 dian having so elected, fail to be admitted, he shall not be coni- 

16423 pelled to remove, but the Secretary of the Interior shall provide 

16424 proper guardianship for the protection of his rights and interests 

16425 and those of his family. There shall be granted to each of the 

16426 Delawares who have thus become citizens a patent, in fee-simple, 

16427 for the lands heretofore allotted to them, and, if they do not re- 

16428 move with the nation, their pro rata share of all annuities and 

16429 trust-property held by the United States for them, the division 

16430 to be made under the direction of the President of the United 

16431 States, after which such persons shall cease to be members of 

16432 the Delaware tribe, and shall not further participate in their 

16433 councils, nor share in their property or annuities. 

16434 Article 10. It is further agreed that the funds of the Del- 

16435 a wares shall never be applied by the Government to the pay- 

16436 ment of the debt or debts of any individual member or members 

16437 of the nation ; nor shall any person be licensed to trade with the 

16438 Delawares without the consent of the chiefs and council 5 and 

16439 the salaries of the chiefs shall henceforward be four hundred 

16440 dollars per annum. 

16441 Article 11. The Delawares acknowledge their dependence 



368 



16442 upon the United States, and again renew their pledges of devo- 

16443 tion to the Government thereof, and ask its protection ; and the 

16444 United States agree to protect, preserve, and defend them in all 

16445 their j ust rigb ts. 

16446 Article 12. It is also agreed that if the said Secretary should 

16447 not be able to sell the said lands as hereinbefore provided, he 

16448 may cause the same to be appraised, in separate tracts, at their 

16449 fair cash value, no tract to be valued at less than two dollars and 

16450 fifty cents per acre, and the same, when appraised, may be sold 

16451 at not less than the appraised value, and for as much more as 

16452 the same will bring, and the money arising from the sale to be 

16453 applied and distributed as hereinbefore provided. 

16454 Article 13. It is agreed by the Delawares that railroad 

16455 companies engaged in building roads whose routes shall lie 

16456 through their new reservation in the Indian country shall have 

16457 a right of way through and over said lauds, not exceeding two 
1645S hundred feet in width for any such road, and also the right to 

16459 enter on all lands and take and use such gravel, stone, and other 

16460 material, except timber, as may be necessary for the construction 

16461 of such roads, compensation to be made for any damages done 

16462 in obtaining such material, and for any damages arising from 

16463 the location or running of such roads to improvements which 

16464 shall have been made before such road shall have been located, 

16465 such damages to be ascertained under regulations to be pre- 

16466 scribed by the Secretary of the Interior. 

16467 Article 14. The United States further agree that, in accord- 

16468 ance with the general provisions of the sixth article of the Del- 

16469 aware treaty of May thirty, eighteen hundred and sixty, which 

16470 have not yet been fulfilled, there shall be credited to the Dela- 

16471 wares, in the purchase of their new reservation in the Indian 

16472 country, the sum of thirty thousand dollars, which credit by tbe 

16473 United States shall be received by the Delawares as a full settle- 

16474 ment of all claims against the Government for depredations 

16475 upon timber to the date of the signing of this treaty; and the 

16476 Delawares shall receive, without cost, from the United States, 

16477 laud included within their new reservation to the amount of 

16478 twenty-three sections, in place of the twenty-three sections of 

16479 half-breed Kaw lands referred to in said sixth section of the 

16480 treaty of eighteen hundred and sixty ; and inasmuch as the Del- 

16481 aw ares claim that a large amount of stock has been stolen from 

16482 them by whites since the treaty of eighteen hundred and fifty - 

16483 four, the United States agree to have a careful examination of 

16484 such claims made, under the direction of the Secretary of the 

16485 Interior, and when the value of such stolen stock shall have 

16486 been ascertained, the same shall be reported to Congress, with a 

16487 recommendation for an appropriation to pay for the same; and 



369 



16488 all moneys appropriated for such purpose shall be paid to the 

16489 owners of said stock. 

16490 Article 15. It is also agreed by the contracting parties 

16491 that nothing contained in this treaty shall be so construed as to 

16492 require the Delawares to remove from their present homes until 

16493 after they shall have selected and received title to hinds for new 

16494 homes elsewhere. 

16495 Proclaimed August 4, 1866. 

16496 DELAWARES -r- BAND ON THE SANDUSKY RIVBP, 

16497 OHIO. 

16498 Articles of agreement made between John fflfflvain, thereto specially 

16499 authorized by the President of the United States, and the band 

16500 of Delaware Indians upon the SandusJcy River, in the State of 

16501 Ohio, for the cession of a certain reservation of land in the 

16502 said State. 

16503 Article -1. The said baud of Delaware Indians cede to the 

16504 United States the tract of three miles square adjoining the Wy- 

16505 andot reservation upon the Sandusky River, reserved for their 

16506 use by the treaty of the Rapids of the Ma-umee, concluded 

16507 between the United States and the Wyanclots, Seneca, Dela- 

16508 ware, Shawanees, Potawatainies, Ottawas, and Chippiwa tribes 

16509 of Indians, on the twenty-ninth day of September, in the year 

16510 of our Lord one thousand eight hundred and seventeen, and the 

16511 said tribe of Delawares engage to remove to and join their nation 

16512 on the west side of the Mississippi, on the land allotted to them, 

16513 on or before the first day of January next, at which time peace- 

16514 able possession of said reservation is to be given to the United 

16515 States, 

16516 Article 2. In consideration of the stipulations aforesaid, 

16517 it is agreed that the United States shall pay to the said band 

16518 the sum of three thousand dollars; two thousand dollars in hand. 

16519 the receipt of which is hereby acknowledged by the undersigned 

16520 chiefs of said tribe, and the remaining balance of one thousand 

16521 dollars to be appropriated to the purchase of horses, clothing, 

16522 provisions, and other useful articles, to aid them on their journey 

16523 so soon as they are prepared to remove. 

16524 Proclaimed January 2, 1820. 



47 I T 



370 



16525 DELAWARES, SHAWAXOES, PUTTAWATTDIIES, ETC. 

16526 Articles of a treaty between the United States of America and the 

16527 Delawares, Shawanoes, Putawatimies, Miamies, Eel River, 

16528 Weeds, KicMpoos, Piarikashaws, and KasMsMas Nations of 

16529 Indians. 

16530 Articles of a treaty made at Fort Wayne, on the Miami of the 

16531 Lake, between William Henry Harrison, governor of the 

16532 Indiana Territory, superintendent of Indian affairs and com- 

16533 missioner plenipotentiary of the United States for conclud- 

16534 ing any treaty or treaties which may be found necessary 

16535 with any of the Indian tribes northwest of the Ohio, of the 

16536 one part, and the tribes of Indians called the Delawares, 

16537 Shawanoes, Pntawatimies, Miamies, and Kickapoos, by their 

16538 chiefs and head warriors, and those of the Eel River, Weeas, 

16539 Piankashaws, and Kaskaskias, by their agents and repre- 

16510 sentatives Tiithinipee, Winneinac, Eicherville, and Little 

16511 Turtle, (who are properly authorized by the said tribes,) of 

16542 the other part, 

16543 Article 1. Whereas it is declared by the fourth article of 

16544 the treaty of Greenville that the United States reserve for their 

16545 use the post of St. Vincennes and ail the lands adjacent to 

16546 which the Indian titles had been extinguished ; and whereas 

16547 it has been found difficult to determine the precise limits of the 

16548 said tract as held by the French and British governments : 

16549 It is hereby agreed that the boundaries of the said tract shall 

16550 be as follow: Beginning at Point Coupee on the Wabash, and 

16551 running thence by a line north seventy-eight degrees, west 

16552 twelve miles, thence by a line parallel to the general course of 

16553 the Wabash, until it shall be intersected by a line at right 

16554 angles to the same, passing through the mouth of White River, 

16555 thence by the last-mentioned line across the Wabash and 

16556 towards the Ohio seventy-two miles, thence by a line north 

16557 twelve degrees west, until it shall be intersected by a line at 

16558 right angles to the same, passing through Point Coupee, and by 

16559 the last-mentioned line to the place of beginning. 

16560 Article 2. The United States hereby relinquish all claim 
1656 L which they may have had to any lands adjoining to or in the 

16562 neighbourhood of the tract above described. 

16563 Article 3. As a mark of their regard and attachment to 

16564 the United States, whom they acknowledge for their only friends 

16565 and protectors, and for the consideration hereinafter mentioned, 

16566 the said tribes do hereby relinquish and cede to the United 

16567 States the great salt spring upon the Saline Creek which falls 



371 



3 6568 into the Ohio below the mouth of the Wabash, with a quantity 

16569 of land surrounding it, not exceeding four miles square, and 

16570 which may be laid off in a square or oblong as the one or the 

16571 other may be found most convenient to the United States. And 

16572 the said United States being desirous that the Indian tribes 

16573 should participate in the benefits to be derived from the said 

16574 spring, hereby engage to deliver yearly and every year, for the 

16575 use of the said Indians, a quantity of salt not exceeding one hun- 

16576 dred and fifty bushels, and which shall be divided among the 

16577 several tribes in such manner as the general council of the chiefs 

16578 may determine. 

16579 Article 4. For the considerations before mentioned and 

16580 for the convenience which the said tribes will themselves de- 

16581 rive from such establishments, it is hereby agreed that as soon 

16582 as the tribes called the Kickapoos, Eel Eiver, Weeas, Pianka- 

16583 shaws, and Kaskaskias shall give their consent to the measure, 

16584 the United States shall have the right of locating three tracts 

16585 of land (of such size as may be agreed upon with the last-men- 

16586 tioned tribes) on the main road between Yincennes and Kaskas- 

16587 kias, and one other between Vincennes andClarksville, for the 

16588 purpose of erecting houses of entertainment for the accomrao- 

16589 dation of travellers. But it is expressly understood that if the 

16590 said locations are made on any of the rivers which cross the said 

16591 road, and ferries should be established on the same, that in 

16592 times of high water any Indian or Indians belonging to either of 

16593 the tribes who are parties to this treaty shall have the privilege 

16594 of crossing such ferry toll free. 

16595 Article 5. Whereas there is reason to believe that if the 

16596 boundary -lines of the tract described in the first article should 

16597 be run in the manner therein directed, that some of the settle- 

16598 inents and locations of laud made by the citizens of the United 

16599 States will fall in the Indian country, It is hereby agreed that 

16600 such alterations shall be made in the direction of these lines as 

16601 will include them ; and a quantity of land equal in quantity to 

16602 what may be thus taken shall be given to the said tribes either 

16603 at the east or west end of the tract. 

16604 Proclaimed December 26, 1803. 

16605 DELAWARES, POTTAWATIMIES, MI AMES, EEL RIYER 

16606 AND WEAS. 

16607 A treaty betiveen the United States of America and the tribes of 

16608 Indians called the Delawares, Pottawatimies, Miames, Eel 

16609 River, and Weas. 

16610 Articles of a treaty made and entered into, at Grouseland, near 

16611 Yincennes, in the Indiana Territory, by and between William 



372 



16612 Henry Harrison, governor of said Territory, superintendant 

16613 of Indian affairs, and commissioner plenipotentiary of the 

16614 United States for treating with the northwestern tribes of 

16615 Indians, of the one part, and the tribes of Indians called the 

16616 Delewares, Putawatimis, Miainis, Eel Kiver, and Weas, 

16617 jointly and severally, by their chiefs and head-men, of the 

16618 other part. 

16619 Article 1. W hereas, by the fourth article of a treaty made 

16620 between the United States and the Delaware tribe, on the eight 

16621 eenth day of August, eighteen hundred and four, the said United 

16622 States engaged to consider the said Delewares as the proprietors 

16623 of all that tract of country which is bounded by the White 

16624 Eiver on the north, the Ohio and Clark's grant on the south, the 

16625 general boundary-line running from the mouth of Kentucky 

16626 Eiver on the east, and the tract ceded by the treaty of Fort 

16627 Wayne, and the road leading to Clark's grant, on the west and 

16628 southwest. And whereas the Miami tribes, from whom the Del- 

16629 a wares derived their claim, contend that in their cession of said 
10630 tract to the Delewares, it was never their intention to convey to 

16631 them the right of the soil, but to suffer them to occupy it as long 

16632 as they thought proper, the said Delewares have, for the sake of 

16633 peace and good neighbourhood, determined to relinquish their 

16634 claim to the said tract, and do by these presents release the 

16635 United States from the guarantee made in the before-mentioned 

16636 article of the treaty of August, eighteen hundred and four. 

16637 Article 2. The said Miami, Eel Eiver, and Wea tribes 

16638 cede and relinquish to the United States, forever, all that tract 

16639 of country which lies to the south of a line to be drawn from the 

16640 northeast corner of the tract ceded by the treaty of Fort Wayne, 

16641 so as to strike the general boundary-line, running from a point 

16642 opposite to the mouth of the Kentucky Eiver, to Fort Eecovery, 

16643 at the distance of fifty miles from its commencement on the Ohio 

16644 Eiver. 

16645 Article 3. In consideration of the cession made in the 

16646 preceding article, the United States will give an additional per- 

16647 manent annuity to said Miamis, Eel Eiver, and Wea tribes in 

16648 the following proportions, viz : to the Miamis, six hundred dol- 

16649 lars ; to the Eel Eiver tribe, two hundred and fifty dollars ; to 

16650 the Weas, two hundred and fifty dollars ; and also to the Puta- 

16651 watemies an additional annuity of five hundred dollars for ten 

16652 years, and no longer ; which, together with the sum of four 

16653 thousand dollars which is now delivered, the receipt whereof 

16654 they do hereby acknowledge, is to be considered as a full com- 

16655 pensation for the land now ceded. 

16656 Article 4. As the tribes which are now called the Miamis, 

16657 Eel River, and Weas were formerly aud still consider themselves 



373 



16658 as one nation, and as they have determined that neither of these 

16659 tribes shall dispose of any part of the country which they hold 

16660 in common ) in order to quiet their minds on that head the 

16661 United States do hereby engage to consider them as joint owners 

16662 of all the country on the Wabash and its waters above the Yin- 

16663 cennes tract, and which has not been ceded to the United States 

16664 by this or any former treaty j and they do farther engage that 

16665 they will not purchase any part of the said country without the 

16666 consent of each of the said tribes: Provided always, Thatnoth- 

16667 ing in this section contained shall in any manner weaken or de- 

16668 stroy any claim which the Kickapoos, who are not represented 

16669 at this treaty, may have to the country they now occupy on the 

16670 Vermillion River. 

16671 Article 5. The Putawatiinies, Miami, Eel River, and Wea 

16672 tribes explicitly acknowledge the right of the Delawares to sell 

16673 the tract of land conveyed to the United States by the treaty 

16674 of the eighteenth day of August,, eighteen hundred and four, 

16675 which tract was given by the Piankashaws to the Delawares about 

16676 thirty-seven years ago. 

16677 Article 6. The annuities herein stipulated to be paid by 

16678 the United States shall be delivered in the same manner and 

16679 under the same conditions as those which the said tribes have 

16680 heretofore received. 

16681 Article 7. This treaty shall be in force and obligatory on 

16682 the contracting parties as soon as the same shall have been rati- 

16683 tied by the President, by and with the advice and consent of 

16684 the Senate of the United States. 

ADDITIONAL ARTICLE. 

16686 It is the intention of the contracting parties that the bound- 

16687 ary-line herein directed to be run from the northeast corner of 

16688 the Yincennes tract to the boundary-line running from the 

16689 mouth of the Kentucky River shall not cross the Embarras or 

16690 Drift Wood fork of White River, but if it should strike the said 

16691 fork, such an alteration in the direction of the said line is to be 

16692 made as will leave the whole of the said fork in the Indian Ter- 

16693 ritory. 

16694 Proclaimed April 24, 1806. 



16695 A treaty between the United States of America and Hie tribes of 

16696 Indians called the Delawares, Putaivatimies, Miamies y and 

16697 Eel River Miamies. 

16698 James Madison, President of the United States, by William 

16699 Henry Harrison, governor and commander-in-chief of the Indian 

16700 Territory, superintendent of Indian affairs, and commissioner 



374 



16701 plenipotentiary of the United States for treating with the said 

16702 Indian tribes, and the sachems, head-men, and warriors of the 

16703 Delaware, Putawatame, Miami, and Eel Eiver tribes of Indians, 
16701 have agreed and concluded upon the followiog treaty ; which, 

16705 when ratified by the said President, with the advice and con- 

16706 sent of the Senate of the United States, shall be binding on 

16707 said parties. 

16708 Article 1. The Miami and Eel Eiver tribes, and the Del- 

16709 awares and Putawatimies as their allies, agree to cede to the 

16710 United States all that tract of country which shall be included 

16711 between the boundary-line established by the treaty of Fort 

16712 Wayne, the Wabash, and a line to be drawn from the mouth of 

16713 a creek called Baeoon Creek, emptying into the Wabash on the 
16711 southeast side, about twelve miles below the mouth of the Yer- 

16715 milion Eiver, so as to strike the boundary-line established by the 

16716 treaty of Grouseland at such a distance from its commencement 

16717 at the northeast corner of the Yincennes tract as will leave the 

16718 tract now ceded thirty miles wide at the narrowest place. And 

16719 also all that tract which shall be included between the following 

16720 boundaries, viz: Beginning at Fort Eecovery, thence south - 

16721 wardly along the general boundary -line established by the treaty 

16722 of Greenville to its intersection with the boundary-line estab- 

16723 lished by the treaty of Grouseland ; thence along said line to a 
16721 point from which a line drawn parallel to the first-mentioned 

16725 line will be twelve miles distant from the same, and along the 

16726 said parallel line to its intersection with a line to be drawn from 

16727 Fort Eecovery parallel to the line established by the said treaty 

16728 of Grouseland. 

16729 Article 2. The Miamies explicitly acknowledge the equal 

16730 right of the Delawares with themselves to the country watered 

16731 by the White Eiver. Bat it is also to be clearly understood 

16732 that neither party shall have the right of disposing of the same 

16733 without the consent of the other ; and any improvements which 
16731 shall be made on the said land by the Delawares, or their friends 

16735 the Mochecans, shall be theirs forever. 

16736 Article 3. The compensation to be given for the cession 

16737 made in the first article shall be as follows, viz: to the Dela- 

16738 wares a permanent annuity of five hundred dollars ; to the Mi- 

16739 amies a like annuity of five hundred dollars ; to the Eel Eiver 
16710 tribe a like annuity of two hundred and fifty dollars ; and to the 

16741 Putawatimies a like annuity of five hundred dollars. 

16742 Article 4. All the stipulations made in the treaty of Green- 

16743 ville, relatively to the manner of paying the annuities, and the 

16744 right of the Indians to hunt upon the land, shall apply to the 

16745 annuities granted and the laud ceded by the present treaty. 

16746 Article 5. The consent of the Wea tribe shall be necessary 



375 



16747 to complete the title to the first tract of land here ceded ; a sep- 

16718 arate convention shall be entered into between them and the 

16740 United States, and a reasonable allowance of goods given them 

16750 in hand, and a permanent annuity, which shall not be less than 

16751 three hundred dollars, settled upon them. 

16752 Article 6. The annuities promised by the third article, 

16753 and the goods now delivered to the amount of five thousand two 

16754 hundred dollars, shall be considered as a full compensation for 

16755 the cession made in the first article. 

16756 Article 7. The tribes who are parties to this treaty being 

16757 desirous of putting an end to the depredations which are com- 

16758 mitted by abandoned individuals of their own color, upon the 
16750 cattle, horses, &c, of the more industrious and careful, agree to 

16760 adopt the following regulations, viz: when any theft or other 

16761 depredation shall be committed by any individual or individuals 

16762 of one of the tribes above mentioned, upon the property of any 

1 6763 individual or individuals of another tribe, the chiefs of the party 

16764 injured shall make application to the agent of the United States, 

16765 who is charged with the delivery of the annuities of the tribe to 

16766 which the offending party belongs, whose duty it shall be to hear 

16767 the proofs and allegations on either side and determine between 

16768 them ; and the amount of his award shall be immediately deducted 
16760 from. the annuity of the tribe to which the offending party be- 

16770 longs, and given to the person injured, or to the chief of his 

16771 village for his use. 

16772 Article 8. The United States agree to relinquish their 

16773 right to the reservation, at the old Ouroctenon towns, made by 

16774 the treaty of Greenville, so far at least as to make no further 

16775 use of it than for the establishment of a military post. 

16776 Article 0. The tribes who are parties to this treaty, being 

16777 desirous to show their attachment to their brothers the Kicka- 

16778 poos, agree to cede to the United States the lands on the north- 
16770 west side of the Wabash, from the Yincennes tract to a north- 

16780 wardly extention of the line running from the mouth of the 

16781 aforesaid Eaccoon Greek, and fifteen miles in width from the 

16782 Wabash, on condition that the United States shall allow them 

16783 an annuity of four hundred dollars. But this article is to have 

16784 no effect unless the Kickapoos will agree to it. 

16785 Proclaimed January 16, 1810. 

16786 A separate article entered into at Fort Wayne on the thirtieth day 

16787 of September, in the year of our Lord one thousand eight hun- 

16788 dred and nine, between William Henry Harrison, commissioner 
16780 plenipotentiary of the United States for treating with the In- 
16700 dian tribes, and the sachems and chief warriors of tlie Miami 



376 



16791 and JEel River tribes of Indians, which is to be considered as 

16792 forming part of the treaty this day concluded between the United 

16793 States and the said tribes, and their allies, the Delaivares and 
1679-1 Putawatimies. 

16795 As the greater part of the lands ceded to the United States 

16796 by the treaty this day concluded was the exclusive property of 

16797 the Miami Nation, and guaranteed to them by the treaty of 

16798 Grouseland, it is considered by the said commissioner just and 

16799 reasonable that their request, to be allowed some further and 

16800 additional compensation, should be complied with. It is there- 

16801 fore agreed that the United States shall deliver for their use, in 

16802 the course of the next spring, at Fort Wayne, domestic animals 

16803 to the amount of five hundred dollars, and the like number for 

16804 the two following years, and that an armoree shall be also main- 

16805 tained at Fort Wayne for the use of the Indiaus, as heretofore. 

16806 It is also agreed that if the Kickapoos confirm the ninth article 

16807 of the treaty to which this is a supplement, the United States 

16808 will allow to the Meamies a further permanent annuity of two 

16809 hundred dollars, and to the Wea and Eel River tribes a further 

16810 annuity of one hundred dollars each. 

16811 Proclaimed January 16, 1810. 



16812 DELAWARES AND SHAWNOES. 



J 6813 Articles of a treaty made and entered into at Castor Rill, in the 

16814 county of St. Louis, in the State of Missouri, this twenty-sixth 

16815 day of October, one thousand eight hundred and thirty -two, be- 

16816 tween William Clark, Frank J. Allen, and Nathan Kouns, 

16817 commissioners on the part of the United States, of the one part 3 

16818 and the chiefs, ivarriors. and counsellors of the Shawnoes and 

16819 Delaivares, late of Cape Girardeau, in behalf of their respect- 

16820 ire bands, of the other part. 

16821 Whereas parts of the Shawanoe and Delaware Nations of 

16822 Indians did settle on lands near the town of Cape Girardeau, 

16823 under a permission from the Spanish government given to said 

16824 Shawanoes and Delawares by the Baron de Carondelet, dated 

16825 the fourth day of January, one thousand seven hundred and 

16826 ninety-three, on which lands the Delawares resided until the 

16827 year one thousand eight hundred and fifteen, at which period, 

16828 from various causes, it became necessary for them to remove,, 

16829 leaving their fields and improvements j and 

16830 Whereas lands have been assigned to the said tribes by 

16831 treaties, viz, with the Shawanoes of the seventh November, 



377 



10832 one thousand eight hundred and twenty-five, and with the Del- 

1G833 awares of the twenty-fourth September, one thousand eight 

10831 hundred and twenty-nine, in which last-named treaty no com- 

16835 pensation was made to the Delawares, late of Cape Girardeau, 

10836 for their improvements or for their loss of stock, &c, and it be- 

16837 ing the desire of the United States to indemnify the said Dela- 

16838 wares for all losses and injuries by them sustained in conse- 

16839 quence of such removal, the following articles have been agreed 

16810 upon by the contracting parties : 

16811 Article 1. The Delawares and Shawanoes, late of Cape 

10812 Girardeau, hereby cede and relinquish to the United States all 

10813 their lands within the State of Missouri, and also all claims 
1G811 which they may have against the United States for loss of 
10815 property and for improvements which they have made up to the 
10810 present time. 

10817 Article 2. In consideration of the foregoing cession and 

10818 relinquishment the United States agree to the following stipu- 

10819 lations : There shall be paid and delivered to said Delawares as 

10850 soon as possible after the ratification of this treaty, horned cat- 

10851 tie, hogs, and other stock, to the amount of two thousand dol- 

10852 lars. 

10853 For assistance in breaking up ground, and enclosing the 
10851 same, one thousand dollars. 

10855 For pay of a person to attend their mill for five years, and 

10850 for repairs of the same during the said period, two thousand 

10857 five hundred dollars. 

10858 For support of a school for three years, one thousand five 

10859 hundred dollars. 

10800 Article 3. There shall be paid to the said Delawares on 

10801 their lands, in merchandize suited to their wants, at the St. 

10802 Louis cost prices, after the ratification of this treaty, the sum 

10803 of five thousand dollars. There shall also be paid them the 
15801 further sum of twelve thousand dollars, to be placed, at the re- 
10805 quest of said Indians, in the hands of the superintendent of In- 
10800 dian affairs at St. Louis, to be by him applied to the payment 

10807 of debts which the said Delawares have acknowledged to be 

10808 due by their nation agreeably to a schedule presented in coun- 

10809 cil, and which sum they wish paid to Menard & Valle of St. 

10870 Genevieve, for the benefit of William Gillis and William Mar- 

10871 shall. The sum of one thousand dollars is also paid them in 

10872 merchandize and cash, the receipt of which latter sum (of one 

10873 thousand dollars) is hereby acknowledged. 

10871 Article 1. To enable the Shwanoes who are parties to this 

10875 treaty to remove immediately all the bands of their tribe who 

10870 are settled in the Territory of Arkansas to the lands assigned 

10877 their nation on the Kanzas Eiver, the United States will pay 
18 I T 



378 



16878 theni on the signing of this treaty eight hundred dollars in cash, 

16879 and four hundred dollars in clothing and horses, the receipt of 

16880 which sums, amounting to twelve hundred dollars, is hereby 

16881 acknowledged. And when they shall have removed to their 

16882 lands, the further sum of five hundred dollars shall he paid them 

16883 towards the expenses of said removal. The United States will 

16884 moreover furnish the said Shawanoes with provisions on their 

16885 land for one year after their removal, which, together with the 

16886 preceding stipulations, will be considered in full of all their 

16887 claims and demands against the United States, of whatever 

16888 nature. 

16889 Article 5. This treaty to be obligatory on the contracting 

16890 parties when ratified by the President and Senate of the United 

16891 States. 

16892 Proclaimed February 12, 1833. 



16893 DWAMISH, SUQUAMISH, ETC. 

16894 Treaty between the United States and the Dwamish, Suqndmish, 

16895 and other allied and subordinate tribes of Indians in Wash- 

16896 ington Territory; concluded at Point Elliott, Washington 

16897 Territory r , January 22, 1855 ) 'ratified by the Senate March 

16898 8, 1S59. 

16899 James Buchanan, President of the United States, to all and 

16900 singular to whom these presents shall come, greeting : 

16901 Whereas a treaty was made and concluded at Muckl-te-6b, 

16902 or Point Elliott, in the Territory of Washington, the twenty - 

16903 second day of January, one thousand eight hundred and fifty - 

16904 five, by Isaac I. Stevens, governor and superintendent of In- 

16905 dian affairs for the said Territory, on the part of the United 

16906 States, and the hereinafter-named chiefs, head-men, and dele- 

16907 gates of the Dwamish, Suquamish, Sk-tahl-mish, Sam-ahmish, 

16908 Smalh-kahmish, Skope-ahmish, St-kak-mish, Snoqualmoo, Skai- 

16909 wha-mish, N'Quentl-ma-niish, Sk-tah-le-jum, Stoluck-wha-mish, 

16910 Sno-ho-mish, Skagit, Kik-i-allus, Swin-a-mish, Squin-ah-mish, 

16911 Sah-ku-mehu, Noo-wha-ha, Nook-wa-chah-mish, Mee-see-qua- 

16912 guilch, Oho-bah-ah-bish, and other allied and subordinate tribes 

16913 and bands of Indians occupying certain lands situated in said 

16914 Territory of Washington, on behalf of said tribes, and duly 

16915 authorized by them 5 which treaty is in the words and figures 

16916 following, to wit: 

16917 Articles of agreement and convention made and concluded at 

16918 Muckl-te-6h, or Point Elliott, in the Territory of Washing- 



379 



16919 ton, this twenty-second day of January, eighteen hun- 

16920 dred and fifty-five, by Isaac I. Stevens, governor and super- 

16921 intendent of Indian affairs for the said Territory, on the 

16922 part of the United States, and the undersigned chiefs, 

16923 head-men, and delegates of the Dwamish, Suquamish, Sk- 

16924 tahl-inish, Sam-ahmish, Smalh-kainish, Skope-ahmish, St- 

16925 kah-niish, Snoqualmoo, Skai-wha-mish, N'Quentl-md-mish, 
1*6926 Sk-tah-le-jum, Stoluck-wha-mish, Sno-ho-mish, Skagit, Kik- 

16927 i-allus, Swin-a-mish, Squin-ah-mish, Sah-ku-mehu, Noo-wha- 

16928 ha, Nook-wa-chah-mish, Mee-see-qua-guilch, Cho-bah-ah- 

16929 bish, and other allied and subordinate tribes and bands of 

16930 Indians occupying certain lands situated in said Territory 

16931 of Washington, on behalf of said tribes, and duly author- 

16932 ized by them. 

16933 Article i. The said tribes and bands of Indians hereby 
16931 cede, relinquish, and convey to the United States all their right, 

16935 title, and interest in and to the lands and country occupied by 

16936 them, bounded and described as follows : Commencing at a 

16937 point on the eastern side of Admiralty Inlet, known as Point 

16938 Pully, about midway between Commencement and Elliott Bays; 

16939 thence eastwardly, running along the north line of lands here- 

16910 tofore ceded to the United States by the Msqually, Puyallup, 

16911 and other Indians, to the summit of the Cascade range of moun- 

16912 tains; thence northwardly, following the summit of said range 

16913 to the 49th parallel of north latitude ; thence west, along said 

16944 parallel to the middle of the Gulf of Georgia ; thence through 

16945 the middle of said gulf and the main channel through the Canal 

16946 de Arro to the Straits of Fuca, and crossing the same through 

16947 the middle of Admiralty Inlet to Suquamish Head; thence 

16948 southwesterly, through the peninsula, and following the divide 

16949 between Hood's Canal and Admiralty Inlet to the portage known 

16950 as Wilkes' Portage; thence northeastwardly, and following the 

16951 line of lands heretofore ceded as aforesaid to Point South worth, 

16952 on the western side of Admiralty Inlet, and thence round the 

16953 foot of Yashon's Island eastwardly and southeast wardly to the 

16954 place of beginning, including all the islands comprised within 

16955 said boundaries, and all the right, title, and interest of the said 

16956 tribes and bands to any lands within the territory of the United 

16957 States. 

16958 Article 2. There is, however, reserved for the present use 

16959 and occupation of the said tribes and bands the following tracts 

16960 of land, viz: the amount of two sections, or twelve hundred 

16961 and eighty acres, surrounding the small bight at the head 

16962 of Port Madison, called by the Indians Koo-sohk-um ; the 

16963 amount of two sections, or twelve hundred and eighty acres, 

16964 on the north side Hwhomish Bay and the creek emptying 



380 



1G965 into the same, called Kwilt-seh-da ; the peninsula at the 

1G96G southeastern end of Perry's Island, called Shais-quihl, and 

1G967 the island called Chah-choo-sen, situated in the Luinnri River, at 

169GS the point of separation of the mouths emptying respectively 

16969 into Bellinghain Bay and the Gulf of Georgia. All which tracts 

16970 shall be set apart, and so far as necessary surveyed and marked 

16971 out, for their exclusive use ; nor shall any white man "be per mi t- 

16972 ted to reside upon the same without permission of the tribes or 

16973 bands, and of the superintendent or agent, but, if necessary for 

16974 the public convenience, roads may be run through the said re- 

16975 serves, the Indians being compensated for any damage thereby 

16976 done them. 

16977 Article 3. There is also reserved from out the lands here- 

16978 by ceded the amount of thirty-six sections, or one township of 

16979 land, on the northeastern shore of Port Gardner, and north of 

16980 the mouth of Snohomish River, including Tulalip Bay and the 

16981 before-mentioned Kwilt-seh-da Creek, for the purpose of estab- 

16982 lishing thereon an agricultural and industrial school, as herein- 

16983 after mentioned and agreed, and with a view of ultimately 

16984 drawing thereto and settling thereon all the Indians living west 

16985 of the Cascade Mountains in said Territory : Provided, however, 

16986 That the President may establish the central agency and gen- 

16987 era! reservation at such other point as he may deem for the ben- 

16988 efit of the Indians. 

16989 Article 4. The said tribes and bands agree to remove to 

16990 and settle upon the said first above-mentioned reservations with- 

16991 in one year after the ratification of this treaty, or sooner, if the 

16992 means are furnished them. In the mean time it shall be lawful 

16993 for them to reside upon any land not in the actual claim and 

16994 occupation of citizens of the United States, and upon any land 

16995 claimed or occupied, if with the permission of the owner. 

16996 Article 5. The right of taking fish at usual and accus- 

16997 tomed grounds and stations is further secured to said Indians 

16998 in common with all citizens of the Territory, and of erecting 

16999 temporary houses for the purpose of curing, together with the 

17000 privilege of hunting and gathering roots and berries on open 

17001 and unclaimed lands: Provided, however, That they shall not 

17002 take shell-fish from any beds staked or cultivated by citizens. 

17003 Article 6. In consideration of the above cession, the 

17004 United States agree to pay to the said tribes and bands the sum 

17005 of one hundred and fifty thousand dollars, in the following man- 

17006 ner, that is to say : For the first year after the ratification 

17007 hereof, fifteen thousand dollars ; for the next two years, twelve 

17008 thousand dollars each year ; for the next three years, ten thous- 

17009 and dollars each year 5 for the next four years, seven thousand 

17010 five hundred dollars each year 5 for the next five years, six 



381 



17011 thousand dollars each year; and for the last five years, four 

17012 thousand two hundred and fifty dollars each year. All which. 

17013 said sums of money shall be applied to the use and benefit of 
17011 the said Indians, under the direction of the President of the 

17015 United States, who may, from time to time, determine at his 

17016 discretion upon what beneficial objects to expend the same ; and 

17017 the superintendent of Indian affairs, or other proper officer, 

17018 shall each year inform the President of the wishes of said In- 

17019 dians in respect thereto. 

17020 Article 7. The President may hereafter, when inhisopiu- 

17021 ion the interests of the Territory shall require and the welfare 

17022 of the said Indians be promoted, remove them from either or all 

17023 of the special reservations hereinbefore made to the said gen- 
17021 era! reservation, or such other suitable place within said Terri- 

17025 tory as he may deem fit, on remunerating them for their im- 

17026 x )rovemeil ts and the expenses of such removal, or may consoli- 

17027 date them with other friendly tribes or bands; and he may 

17028 further, at his discretion, cause the wiiole or any portion of the 

17029 lands hereby reserved, or of such other land as may be selected 

17030 in lieu thereof, to be surveyed into lots, and assign the same to 

17031 such individuals or families as are willing to avail themselves of 

17032 the privilege, and will locate on the same as a permanent home 

17033 on the same terms and subject to the same regulations as are 
17031 provided in the sixth article of the treaty with the Omahas, so 

17035 far as the same may be applicable. Any substantial improve- 

17036 ments heretofore made by any Indian, and which he shall be 

17037 compelled to abandon in consequence of this treaty, shall be 

17038 valued under the direction of the President, and payment 
1/039 made accordingly therefor. 

17010 Article S. The annuities of the aforesaid tribes and bands 

17011 shall not be taken to pay the debts of individuals. 

17042 Article 9. The said tribes and bands acknowledge their 

17013 dependence on the Government of the United States and promise 

17011 to be friendly with all citizens thereof, and they pledge them- 

17015 selves to commit no depredations on the property of such citi- 

17016 zens, Should any one or more of them violate this pledge, and the 

17017 fact be satisfactorily proven before the agent, the property taken 

17018 shall be returned, or in default thereof, or if injured or destroyed, 

17019 compensation may be made by the Government out of their 

17050 annuities. ZSor will they make war on any other tribe except 

17051 in self-defence, but will submit all matters of difference between 

17052 them and the other Indians to the Government of the United 

17053 States or its agent for decision, and abide thereby. And if any 
17051 of the said Indians commit depredations on other Indians within 

17055 the Territory, the same rule shall prevail as that prescribed in 

17056 this article in cases of depredations against citizens. And the 



382 



17057 said tribes agree not to shelter or conceal offenders against the 

1705S laws of the United States, but to deliver them up to the author - 

17059 ities for trial. 

17060 Article 10. The above tribes and bands are desirous to 

17061 exclude from their reservations the use of ardent spirits, and to 

17062 prevent their people from drinking the same, and therefore it is 

17063 provided that any Indian belonging to said tribe who is guilty 

17064 of bringing liquor into said reservations, or who drinks liquor, 

17065 may have his or her proportion of the annuities withheld from 

17066 him or her for such time as the President may determine. 

17067 Article 11. The said tribes and bands agree to free all 

17068 slaves now held by them, and not to purchase or acquire others 

17069 hereafter. 

17070 Article 12. The said tribes and bands further agree not 

17071 to trade at Vancouver's Island or elsewhere out of the dominions 

17072 of the United States, nor shall foreign Indians be permitted to 

17073 reside in their reservations without consent of the superintend* 

17074 ent or agent. 

17075 Article 13. To enable the said Indians to remove to and 

17076 settle upon their aforesaid reservations, and to clear, fence, and 

17077 break up a sufficient quantity of land for cultivation, the United 

17078 States further agree to pay the sum of fifteen thousand dollars, 

17079 to be laid out and expended under the direction of the Presi- 

17080 dent, and in such manner as he shall approve. 

17081 Article 14. The United States further agree to establish 

17082 at the general agency for the district of Puget's Sound, within 

17083 one year from the ratification hereof, and to support for a period 

17084 of twenty years, an agricultural and industrial school, to be 

17085 free to children of the said tribes and bands in common with 

17086 those of the other tribes of said district, and to provide the said 

17087 school with a suitable instructor or instructors, and also to pro- 

17088 vide a smithy and carpenter's shop, and furnish them with the 

17089 necessary tools, and employ a blacksmith, carpenter, and farmer 

17090 for the like term of twenty years to instruct the Indians in their 

17091 respective occupations. And the United States finally agree to 

17092 employ a physician, to reside at the said central agency, who 

17093 shall furnish medicine and advice to their sick, and shall vacci- 

17094 nate them ; the expenses of said school, shops, persons employed, 

17095 and medical attendance to be defrayed by the United States, 

17096 and not deducted from the annuities. 

17097 Article 15. This treaty shall be obligatory on the con. 

17098 tracting parties as soon as the same shall be ratified by the 

17099 President and Senate of the United States. 

17100 Proclaimed April 11, 1859. 



17101 EEL BITERS, W 7 YAXD0TS, ETC. 

1710:2 At a council holden at Vincennes on the seventh day of August, one 

17103 thousand eight hundred and three, under the direction of Wil- 

17101 Ham Henry Harrison, governor of the Indiana Territory, 

17105 superintendent of Indian affairs, and commissioner plenipoten- 

1710G tiary of the United States for concluding any treaty or treaties 

17107 ivhich may be found necessary with any of the Indian nations 

17108 northwest of the river Ohio, at which were present the chiefs 

17109 and warriors of the Eel River, Wyandot, Piarikashaw, and 

17110 KaskasMa Nations, and also the tribe of the Kihapoes, by their 

17111 representatives, the chiefs of the Eel River Nation. 

17112 The fourth article of the treaty holdeu and concluded at Fort 



17113 "Wayne, on the seventh day of June, (see page 371,) one thousand 

17111 eight hundred and three, being considered, the chiefs and warriors 

17115 of the said nations give their free and full consent to the same, 

17110 and they do hereby relinquish and confirm to the United States 

17117 the privilege and right of locating three several tracts of land, 

17118 of one mile square each, on the road leading from Vincennes to 
1711^ Kaskaskia, and also one other tract of land of one mile square 

17120 on the road leading from Yincennes to Clarksville ; which loca- 

17121 tions shall be made in such places on the aforesaid roads as 

17122 shall best comport with the convenience and interest of the 

17123 United States in the establishment of houses of entertainment 
17121 for the accommodation of travellers. 

17125 Proclaimed December 23, 1803. 



17126 FLATHEADS, ETC. 

17127 Treaty between the United States and the Flathead, Eootenay, and 

17128 Upper Rend d-Oreilles Indians, concluded at Hell Gate, in the 

17129 Bitter Root Valley, July 16, 1855 ; ratified by the Senate 

17130 March 8, 1859. 

17131 James Buchanan, President of the United States of America, 

17132 to all and singular to whom these presents shall come, 

17133 greeting : 

17131 Whereas a treaty was made and concluded at the treaty- 

17135 ground at Hell Gate, in the Bitter Root Yalley, on the sixteenth 

17136 day of July, eighteen hundred and fifty-five, between Isaac I. 

17137 Stevens, governor and superintendent of Indian affairs for the 

17138 Territory of Washington, on the part of the United States, and 

17139 the hereinafter-named chiefs, head-men, and delegates of the 



384 



17140 confederated tribes of the Flathead, Kootenay, and Upper Pend 

17111 d' Oreilles Indians, on behalf of and acting for said confederated 

17112 tribes, and duly authorized thereto by them, which treaty is in 

17113 the words and figures following, to wit : 

17111 Articles of agreement and convention made and concluded at 

17115 the treaty-ground at Hell Gate, in the Bitter Eoot Valley, 

17116 this sixteenth day of July, in the year one thousand eight 

17117 hundred and fifty-five, by and between Isaac I. Stevens, 

17118 governor and superintendent of Indian affairs for the Terri- 

17119 tory of Washington, on the part of the United States, and 

17150 the undersigned chiefs, head-men, and delegates of the con- 

17151 federated tribes of the Flathead, Kootenay, and Upper 

17152 Pend d'Oreilles Indians, on behalf of and acting for said 

17153 confederated tribes, and being duly authorized thereto by 
17151 them. It being understood and agreed that the said confed- 

17155 eratecl tribes do hereby constitute a nation, under the 

17156 name of the Flathead Xation, with Victor, the head chief 

17157 of the Flathead tribe, as the head chief of the said nation, 

17158 and that the several chiefs, head-men, and delegates, whose 

17159 names are signed to this treaty, do hereby, in behalf of 

17160 their respective tribes, recognise Victor as said head "Chief. 

17161 Article 1. The said confederated tribes of Indians hereby 

17162 cede, relinquish, and convey to the United States all their right, 

17163 title, and interest in and to the country occupied or claimed by 
17161 them, bounded and described as follows, to wit : 

17165 Commencing on the main ridge of the Rocky Mountains, at 

17166 the forty-ninth (19th) parallel of latitude ; thence westwardly on 

17167 that parallel to the divide between the Flat-bow or Kootenay 

17168 River and Clarke's Fork ; thence southerly and southeasterly 

17169 along said divide to the one hundred and fifteenth degree of 

17170 longitude, (115°;) thence in a southwesterly direction to the di- 

17171 vide between the sources of the St. Regis Borgia and the Coeur 

17172 d'Alene Rivers ; thence southeasterly and southerly along the 

17173 main ridge of the Bitter Root Mountains to the divide between 

17174 the head-waters of the Koos-koos-kee River and of the south- 

17175 western fork of the Bitter Root River $ thence easterly along the 

17176 divide separating the waters of the several tributaries of the 

17177 Bitter Root River from the waters flowing into the Salmon and 

17178 Snake Rivers, to the main ridge of the Rocky Mountains, and 

17179 thence northerly along said main ridge to the place of begin- 

17180 ning. 

17181 Article 2. There is, however, reserved from the lands 

17182 above ceded, for the use and occupation of the said confederated 

17183 tribes, and as a general Indian reservation, upon which may be 
17181 placed other friendly tribes and bands of Indians of the Territory 
17185 of Washington who may agree to be consolidated with the tribes 



385 



17186 parties to this treaty, under the common designation of the Flat- 

17187 head Nation, with Yictor, head chief of the Flathead tribe, as 

17188 the head chief of the nation, the tract of land included within 

17189 the following boundaries, to wit : 

17190 Commencing at the source of the main branch of the Jocko 

17191 River; thence along the divide separating the waters flowing 

17192 into the Bitter Root River from those flowing into the Jocko, 

17193 to a point on Clarke's Fork between the Cam ash and Horse 

17194 Prairies ; thence northerly to, and along the divide bounding 

17195 on the west the Flathead River, to a point due west from the 

17196 point half way in latitude between the northern and southern 

17197 extremities of the Flathead Lake; thence on a clue east coarse 

17198 to the divide whence the Crow, the Prune, the So-ni-el-eui and 

17199 the Jocko Rivers take their rise, and thence southerly along said 

17200 divide to the place of beginning. 

17201 All which tract shall be set apart, and, so far as necessary, 

17202 surveyed and marked out for the exclusive use and benefit of 

17203 said confederated tribes as an Indian reservation. Nor shall 
17201 any white man, excepting those in the employment of the In- 

17205 dian department, be permitted to reside upon the said reserva- 

17206 tion without permission of the confederated tribes, and the 

17207 superintendent and agent. And the said confederated tribes 

17208 agree to remove to and settle upon the same within one year 

17209 after the ratification of this treaty. In the mean time it shall 

17210 be lawful for them to reside upon any ground not in the actual 

17211 claim and occupation of citizens of the United States, and upon 

17212 any ground claimed or occupied, if with the permission of the 

17213 owner or claimant. 

17214 Guaranteeing, however, the right to all citizens of the United 

17215 States to enter upon and occupy as settlers any lands not actu- 

17216 ally occupied and cultivated by said Indians at this time, aud 

17217 not included in the reservation above named. And provided, 

17218 That any substantial improvements heretofore .made by any In- 

17219 dian, such as fields enclosed and cultivated, and houses erected 

17220 upon the lands hereby ceded, and which he may be compelled 

17221 to abandon iu consequence of this treaty, shall be valued under 

17222 the direction of the President of the United States, and pay- 

17223 ment made therefor in money, or improvements of an equal 

17224 value be made for said Indian upon the reservation ; and no Iu- 

17225 dian wdl be required to abandon the improvements aforesaid, 

17226 now occupied by him, until their value in money or improve- 

17227 ments of an equal value shall be furnished him as aforesaid. 

17228 Article 3. And provided, That, if necessary for the public 

17229 convenience, roads may be run through the said reservation ; 

17230 and, on the other hand, the right of way, with free access from 
1723L the same to the nearest public highway, is secured to them, as 

49 i t 



386 



17232 also the right in common with citizens of the United States to 

17233 travel upon all public highways. 

17234 The exclusive right of taking fish iu all the streams running 

17235 through or bordering said reservation is further secured to said 

17236 Indians ; as also the right of taking fish at all usual and accus- 

17237 toined places, in common with citizens of the Territory, and of 
1723S erecting temporary buildings for curing; together with the 
17239 privilege of hunting, gathering roots and berries, and pasturing 

17210 their horses and cattle upon open and unclaimed land. 

17211 Article 1. In consideration of the above cession, the 

17212 United States agree to pay to the said confederated tribes of 

17213 Indians, in addition to the goods and provisions distributed to 
17211 them at the time of signing this treaty, the sum of one hundred 

17215 and twenty thousand dollars, in the following manner, that is to 

17216 say: For the first year after the ratification hereof, thirty-six 

17217 thousand dollars, to be expended, under the direction of the 

17218 President, in providing for their removal to the reservation, 
17210 breaking up and fencing farms, building houses for them, and 

17250 for such other objects as he may deem necessary. For the next 

17251 four years, six thousand dollars each year; for the next five 

17252 years, five thousand dollars each year; tor the next five years, 

17253 four thousand dollars each year; and for the next five years, 
17251 three thousand dollars each year. 

17255 All which said sums of money shall be applied to the use 

17256 and benefit of the said Indians, under the direction of the Presi- 

17257 dent of the United States, who may from time to time determine 

17258 at his discretion, upon what beneficial objects to expend the same 

17259 for them ; and the superintendent of Indian affairs, or other 

17260 proper officer, shall each year inform the President of the wishes 

17261 of the Indians in relation thereto. 

17262 Article 5. The United States further agree to establish, at 

17263 suitable points within said reservation, within one year after the 
17261 ratificatipn hereof, an agricultural and industrial school, erect- 

17265 ing the necessary buildings, keeping the same in repair, and pro- 

17266 viding it with furniture, books, and stationery, to be located at 

17267 the agency, and to be free to the children of the said tribes, and 

17268 to employ a suitable instructor or instructors; to furnish one 

17269 blacksmith shop, to which shall be attached a tin and gun shop ; 

17270 one carpenter's shop; one wagon and ploughmaker's shop; and 

17271 to keep the same in repair, and furnished with the necessary 

17272 tools; to employ two farmers, one blacksmith, one tinner, one 

17273 gunsmith, one carpenter, one wagon and plough maker, for the 
17271 instruction of the Indians in trades, and to assist them in the 

17275 same; to erect one saw-mill and one flouring-mill, keeping the 

17276 same iu repair, and furnished with the necessary tools and fix- 

17277 tares, and to employ two millers ; to erect a hospital, keeping 



387 



17278 the same in repair, and provided with the necessary medicines 

17279 and furniture, and to employ a physician; and to erect, keep in 

17280 repair, and provide with the necessary furniture, the buildings 

17281 required for the accommodation of the said employees. The 

17282 said buildings and establishments to be maintained and kept in 
172S3 repair as aforesaid, and the employees to be kept in service for 
17281 the period of twenty years. 

17285 And in view of the fact that the head chiefs of the said con- 

17286 federated tribes of Indians are expected and will be called upon 

17287 to perform many services of a public, character, occupying much 

17288 of their time, the United States further agree to pay to each of 

17289 the Flathead, Kootenay, and Upper Pend d'Oreilles tribes five 

17290 hundred dollars per year, for the term of twenty years after the 

17291 ratification hereof, as a salary for such persons as the said con- 

17292 federated tribes may select to be their head chiefs, and to build 

17293 for them, at suitable points on the reservation, a comfortable 
17291 house, and properly famish the same, and to plough and fence 

17295 for each of them ten acres of land. The salary to be paid to, 

17296 and the said houses to be occupied by, such head chiefs so long 

17297 as they may be elected to that position by their tribes, and no 

17298 longer. 

17299 And all the expenditures and expenses contemplated in this 

17300 article of this treaty shall be defrayed by the United States, and 

17301 shall not be deducted from the annuities agreed to be paid to 

17302 • said tribes. Nor shall the cost of transporting the goods for the 

17303 annuity payments be a charge upon the annuities, but shall be 
17301 defrayed by the United States. 

17305 Article 6. The President may from time to time, at his 

17306 discretion, cause the whole, or such portion of such reservation 

17307 as he may think proper, to be surveyed into lots, and assign the 

17308 same to such individuals or families of the said confederated 

17309 tribes as are willing to avail themselves of the privilege, and 

17310 will locate on the same as a perntaneut home, on the same terms 

17311 and subject to the same regulations as are provided in the sixth 

17312 article of the treaty with the Omahas, so far as the same may 

17313 be applicable. 

17311 ]ST. B. — The article referred to is contained in the treaty with 

17315 the Omahas, proclaimed June 21, 1851, and reads as follows : 

17316 " Article 6. The President may from time to time, at his 

17317 discretion, cause the whole or such portion of the laud hereby 

17318 reserved, as he may think proper, or of such other land as may 

17319 be selected in lieu thereof, as provided for in article first, to be 

17320 surveyed into lots, and to assign to such Indian or Indians of 

17321 said tribe as are willing to avail of the privilege, and who will 

17322 locate on the same as a permanent home, if a single person over 

17323 twenty-one years of age, one-eighth of a section ; to each family 



388 



17324 of two, one quarter section ; to each family of three and not 

17325 exceeding five, ODe half section ; to each family of six and not 

17326 exceeding ten, one section ; and to each family over ten in num- 

17327 ber, one quarter section for every additional five members. And 
1732S he may prescribe such rules and regulations as will insure to the 

17329 family, in case of the death of the head thereof, the possession 

17330 and enjoyment of such permanent home and the improvements 

17331 thereon. And the President may, at any time, in his discretion 

17332 after such person or family has made a location on the land as- 

17333 signed for a permanent home, issue a patent to such person or 
17331 family for such assigned land, conditioned that the tract shall 
17335 not be aliened or leased for a longer term than two years ; and 
17333 shall be exempt from levy, sale, or forfeiture, which conditions 
17337 shall continue in force until a State constitution, embracing such 
1733S lands within its boundaries, shall have been formed, and the 
17339 legislature of the State shall remove the restrictions. And if 
17310 any such person or family shall at any time neglect or refuse to 

17341 occupy and till a portion of the lands assigned and on which 

17342 they have located, or shall rove from place to place, the Presi- 

17343 dent may, if the patent shall have been issued, cancel the assign- 

17344 ment, and may also withhold from such person or family, their 

17345 proportion of the annuities or other moneys due them, until 

17346 they shall have retured to such permanent home, and resumed 

17347 the pursuits of industry ; and in default of their return the tract 

17348 may be declared abandoned, and thereafter assigned to some 

17349 other person or family of such tribe, or disposed of as is pro- 

17350 vided for the disposition of the excess of said land. And the 

17351 residue of the land hereby reserved, or of that which may be 

17352 selected in lieu thereof, after all of the Indian persons or fami- 

17353 lies shall have had assigned to them permanent homes, may be 

17354 sold for their benefit, under such laws, rules, or regulations, as 

17355 may hereafter be prescribed by the Congress or President of 

17356 the United States. Xo State legislature shall remove the restric- 

17357 tions herein provided for, without the consent of Congress." 

17358 Article 7. The annuities of the aforesaid confederated 

17359 tribes of Indians shall not be taken to pay the debts of indi- 

17360 viduals. 

17361 Article 8. The aforesaid confederated tribes of Indians 

17362 acknowledge their dependence upon the Government of the 

17363 United States, and promise to be friendly with all citizens thereof, 

17364 and pledge themselves to commit no depredations upon the 

17365 property of such citizens. And should anyone or more of them 

17366 violate this pledge, and the fact be satisfactorily proved before 

17367 the agent, the property taken shall be returned, or, in default 

17368 thereof, or if injured or destroyed, compensation may be made 

17369 by the Government out of the annuities. !Nor will they make 



389 



17370 war on any other tribe except in self-defence, but will submit 

17371 all matters of difference between them and other Indians to the 

17372 Government of the United States, or its agent, for decision, and 

17373 abide thereby. And if any of the said Indians commit any dep- 

17374 redations on any other Indians within the jurisdiction of the 

17375 United States, the same rule shall prevail as that prescribed 

17376 in this article, in case of depredations against citizens. And 

17377 the said tribes agree not to shelter or conceal offenders against 

17378 the laws of the United States, but to deliver them up to tbe au- 

17379 thorities for trial. 

17380 Article 9. The said confederated tribes desire to exclude 

17381 from their reservation the use of ardent spirits, and to prevent 

17382 their people from drinking the same; and therefore it is pro- 

17383 vided that any Indian belonging to said confederated tribes of 
17381 Indians who is guilty of bringing liquor into said reservation, 

17385 or who drinks liquor, may have his or her proportion of the an- 

17386 unities withheld from him or her for such time as the President 

17387 may determine. 

17388 Article 10. The. United States further agree to guaranty 

17389 the exclusive use of the reservation provided for in this treaty, 

17390 as against any claims which may be urged by the Hudson Bay 

17391 Company under the provisions of the treaty between the United 

17392 States and Great Britain of the fifteenth of June, eighteen hun- 

17393 dred and forty-six, in consequence of the occupation of a trading- 
17391 post on the Pru-in Eiver by the servants of that company. 

17395 Article 11. It is, moreover, provided that the Bitter Boot 

17396 Yalley, above the Loo-lo Fork, shall be carefully surveyed and 

17397 examined, and if it shall prove, in the judgment of the Pres- 

17398 ident, to be better adapted to the wants of the Flathead tribe 

17399 than the general reservation provided for in this treaty, then 

17100 such portions of it as may be necessary shall be set apart as a 

17101 separate reservation for the said tribe. No portion of the Bitter 

17402 Boot Yalley above the Loo-lo Fork shall be opened to settlement 

17403 until such examination is had aud the decision of the President 

17404 made known. 

17405 Article 12. This treaty shall be obligatory upon the con- 

17406 tracting parties as soon as the same shall be ratified by the 

17407 President and Senate of the United States. 

17408 Proclaimed April 18, 1859. 

17409 FLOEIDA TRIBES. 

17410 Treaty with the Florida tribes of Indians. 

17411 Article 1. The undersigned chiefs and warriors, for them- 

17412 selves and their tribes, have appealed to the humanity and thrown 

17413 themselves on, and have promised to continue under, the pro- 



390 

17414: tectiou of the United States, and of no other nation, power, or 

17115 sovereign, and, in consideration of the promises and stipulations 

17116 hereinafter made, do cede and relinquish all claim or title which 

17117 they may have to the whole territory of Florida, with the exeep- 

17118 tion of such district of country as shall herein be allotted to 

17119 them. 

17120 Article 2. The Florida tribes of Indians will hereafter be 

17121 concentrated and confined to the following metes and boundaries : 

17122 commencing five miles north of Okehumke, running* in a direct 

17123 line to a point five miles west of Setarky's settlement, on the 
17121 waters of Amazura, (or Withlahuchie River,) leaving said set- 

17125 tlement two miles south of the line ; from thence, in a direct line, 

17126 to the south end of the Big Hammock, to include Chickuchate ; 

17127 continuing in the same direction for five miles beyond the said 

17128 Hammock, provided said, point does not approach nearer than 

17129 fifteen miles the sea-coast of the Gulf of Mexico ; if it does, the 

17130 said line will terminate at that distance from the sea-coast ; 

17131 thence south twelve miles ; thence in a south 30° east direction 

17132 until the same shall strike within five miles of the main branch 

17133 of Charlotte River; thence, in a due east direction, to within 
17131 twenty miles of the Atlantic coast ; thence north, fifteen west, for 

17135 fifty miles, and from this last to the beginning point. 

17136 Article 3. The United States will take the Florida Indians 

17137 under their care and patronage, and will afford them protection 

17138 against all persons whatsoever, provided they conform to the 

17139 laws of the United States and refrain from making war, or giving 

17110 any insult to any foreign nation, without having first obtained 

17111 the permission and consent of the United States. And, in con- 

17112 sideration of the appeal and cession made in the first article of 

17113 this treaty by the aforesaid chiefs and warriors, the United 
17111 States promise to distribute among the tribes, as soon as concen- 

17115 trated under the direction of their agent, implements of hus- 

17116 bandry, and stock of cattle and hogs, to the amount of six 

17117 thousand dollars, and an annual sum of five thousand dollars a 

17118 year for twenty successive years, to be distributed as the Presi- 

17119 dent of the United States shall direct, through the Secretary 

17150 of War, or his superintendents and agent of Indian affairs. 

17151 Article 4. The United States promise to guaranty to the 

17152 said tribes the peaceable possession of the district of country 

17153 herein assigned them, reserving the right of opening through it 
17151 such roads as may, from time to time, be deemed necessary; 

17155 and to restain and prevent all white persons from huntiug, set- 

17156 tling, or otherwise intruding upon it. But any citizen of the 

17157 United States, being lawfully authorized for that purpose, shall 
1715S be permitted to pass and repass through the said district, and to 



391 



17459 navigate the waters thereof, without any hindrance, toll, or ex- 

17460 aetion, from said tribes. 

17461 Article 5. For the purpose of facilitating* the removal of 

17462 the said tribes to the district of country allotted them, and, as 

17463 a compensation for the losses sustained, or the inconveniences 

17464 to which they may be exposed by said removal, the United States 

17465 will furnish them with rations of corn, meat, and salt, for twelve 

17466 months, commencing on the first day of February next; and 

17467 they further agree to compensate those individuals who have 

17468 been compelled to abandon improvements on lands not em- 

17469 braced within the limits allotted, to the amount of four thou- 

17470 sand five, hundred dollars, to be distributed among the sufferers, 

17471 in a ratio to each proportional to tbe value of the improve- 

17472 ments abandoned. The United States further agree to furnish 

17473 a sum, hot exceeding two thousand dollars, to be expended by 

17474 their agent, to facilitate tbe transportation of the different tribes 

17475 to the point of concentration designated. 

17476 Article 6. An agent, sub-agent, and interpreter shall 

17477 be appointed, to reside within the Indian boundary aforesaid, to 

17478 watch over the interests of said tribes ; and the United States 

17479 further stipulate, as an evidence of their humane policy towards 

17480 said tribes, who have appealed to their liberality, to allow for 

17481 the establishment of a school at the agency one thousand dollars 

17482 per year for twenty successive years ; and one thousand dol- 

17483 lars per year, for the same period, for the support of a gun and 

17484 black smith, with the expenses incidental to his shop. 

17485 Article 7. The chiefs and w r arriors aforesaid, for themselves 

17486 and tribes, stipulate to be active and vigilant in the preventing 

17487 the retreating to, or passing through, of the district of country 

17488 assigned them, of any absconding slaves, or fugitives from jus- 

17489 tice ; and further agree to use all necessary exertions to appre- 

17490 hend and deliver the same to the agent, who shall receive orders 

17491 to compensate them agreeably to the trouble and expenses in- 

17492 curred. 

17493 Article 8. A commissioner or commissioners, with a sur- 

17494 veyor, shall be appointed, by the President of the United States, 

17495 to run and mark (blazing fore and aft the trees) the line as de- 

17496 fined in the second article of this treaty, who shall be attended 

17497 by a chief or warrior, to be designated by a council of their own 

17498 tribes, and who shall receive, while so employed, a daily com- 

17499 pensation of three dollars. 

17500 Article 9. The undersigned chiefs and warriors, for them- 

17501 selves and tribes, having objected to their concentration within 

17502 the limits described in the second article of this treaty, under 

17503 the impression that the said limits did not contain a sufficient 

17504 quantity of good land to subsist them, and for no other reason: 



392 



17505 it is, therefore, expressly understood, between the United States 

1750G and the aforesaid chiefs and warriors that, should the country 

17507 embraced in the said limits, upon examination by the Indian 

1 7608 agent and the commissioner or commissioners to be appointed 

1 7509 under 'the 8th article of this treaty, be by them considered insuf- 

17510 ficient for the support of the said Indian tribes, then the north 

17511 line, as defined in the second article of this treaty, shall be re- 

17512 moved so far north as to embrace a sufficient quantity of good 

17513 tillable land. 

17511 Article 10. The undersigned chiefs and warriors, for them- 

17515 selves and tribes, have expressed to the commissioners their 

17516 unlimited confidence in their agent, Colonel Gad Humphreys, 

17517 and their interpreter, Stephen Richards, and, as an evidence of 

17518 their gratitude for their services and humane treatment, and 

17519 brotherly attentions to their wants, request that one mile square, 

17520 embracing the improvements of Enehe Mathla, at Tallahassee, 

17521 (said improvements to be considered as the centre) be conveyed, 

17522 in fee-simple, as a present to Colonel Gad Humphreys. And 

17523 they further request that one mile square, at the Ochesee Bluffs, 
17521 embracing Stephen Richard's field on said bluffs, be conveyed, 

17525 in fee-simple, as a present to said Stephen Richards. The com- 

17526 missioners accord in sentiment with the undersigned chiefs and 

17527 warriors, and recommend a compliance with their wishes to 

17528 the President and Senate of the United States; but the dis- 

17529 approval, on the part of the said authorities, of this article 

17530 shall in nowise affect the other articles and stipulations con- 

17531 eluded on in this treaty. 

17532 ADDITIONAL ARTICLE. 

17533 Whereas Xeo Mathla, John Blunt, Tuski Hajo, Mulatto 
17531 King, Emathloehee, and Econchatimico, six of the principal 

17535 chiefs of the Florida Indians, and parties to the treaty to which 

17536 this article has been annexed, have warmly appealed to the cora- 

17537 missioners for permission to remain in the district of country 

17538 now inhabited by them ; and, in consideration of their friendly 

17539 disposition and past services to the United States, it is, 

17510 therefore, stipulated between the United States and the afore - 

17511 said chiefs that the. following reservations shall be surveyed, 

17512 and marked by the commissioner or commissioners to be ap- 

17513 pointed under the eighth article of this treaty : For the use of 
17544 Nea Mathla and his connections, two miles square, embraciug the 

17515 Tuphulga Village, on the waters of Rocky Comfort Creek. For 

17516 Blunt and Tuski Hajo, a reservation, commencing on the Apa 

17517 lachicola, one mile below Tuski Hajo's improvements, running 

17518 up said river four miles; thence west two miles; thence south- 

17519 erly to a point two miles due west of the beginning; thence 



17550 east to the beginning point. For Mulatto King and Emathlo 

17551 chee, a reservation, commencing on the Apalachicola, at a point 

17552 to include Yellow Hair's improvements 5 thence up said river 

17553 for four miles ; thence west one mile; thence southerly to a 

17554 point one mile west of the beginning; and thence east to the 

17555 beginning point. For Econchatitnico, a reservation commenc- 

17556 ing on the Chatahoochie, one mile below Econchatimico's house ; 

17557 thence up said river for four miles ; thence one mile west ; thence 

17558 southerly to a point one mile west of the beginning ; thence east 

17559 to the beginning point. The United States promise to guar- 

17560 anty the peaceable possession of the said reservations, as defined, 

17561 to the aforesaid chiefs and their descendants only so long as 

17562 they shall continue to occupy, improve, or cultivate the same; 

17563 but in the event of the abandonment of all or either of the 

17564 reservations by the chief [or chiefs to whom they have been 

17565 allotted, the reservation or reservations so abandoned shall re- 

17566 vert to the United States, as included in the cession made in 

17567 the first article of this treaty. It is further understood that 

17568 the names of the individuals remaining on the reservations 

17569 aforesaid shall be furnished, by the chiefs in whose favour the 

17570 reservations have been made, to the superintendent or agent 

17571 of Indian affairs in the territory of Florida; and that no other 

17572 individuals shall be received or permitted to remain within said 

17573 reservations, without the previous consent of the superintendent 

17574 or agent aforesaid. And, as the aforesaid chiefs are authorized to 

17575 select the individuals remaining with them, so they shall each 

17576 be separately held responsible for the peaceable conduct of their 

17577 towns, or the individuals residing on the reservations allotted 

17578 them. It is further understood between the parties that this 

17579 agreement is not intended to prohibit the voluntary removal, at 

17580 any future period, of all or either of the aforesaid chiefs and 

17581 their connections to the district of country south, allotted to 

17582 the Florida Indians by the second article of this treaty, when- 

17583 ever either or >11 may think proper to make such an election ; 

17584 the United States reserving the right of ordering, for any out- 

17585 rage or misconduct, the aforesaid chiefs, or either of them, with 

17586 their connections, within the district of country south, aforesaid 

17587 It is further stipulated by the United States that, of the six 

17588 thousand dollars appropriated for implements of husbandry, 

17589 stock, &c, in the third article of this treaty, eight hundred dol- 

17590 lars shall be distributed in the sam e manner among the afore - 

17591 said chiefs and their towns; and it is understood that, of the 

17592 annual sum of five thousand dollars, to be distributed by the 

17593 President of the United States, they will receive their propor- 

17594 tion. It is further stipulated that, of the four thousand five 

17595 hundred dollars, and two thousand dollars, provided for by the 

50 1 t 



394: 



17596 otli article of this treaty, for the payment for improvements and 

17597 transportation, five hundred dollars shall be awarded to Xeo 

17598 Mathla, as a compensation for the improvements abandoned by 

17599 him, as well as to meet the expenses he will unavoidably be ex^ 

17600 posed to by his own removal and that of his connections. 

17601 Proclaimed January 2, 1824. 



17602 FOXES. 

17603 A treaty of peace iand friendship made and concluded between Will- 
17601 mm Clark, Xinian Edwards, and Auguste Chouteau, commis- 

17605 sioners-plenipotentiary of the United States of America, on the 

17606 part and behalf of the said States, of the one part, and the 

17607 undersigned king, chiefs, and warriors of the Fox Tribe or 

17608 Xation, on the part and behalf of the said tribe or nation, or 

17609 the other part. 

17610 The parties being desirous of re-establishing peace and 

17611 friendship between the United States and the said tribe or nation, 

17612 and of being placed in all things, and in every repect. on the 

17613 same footing upon which they stood before the war, have agreed 
17611 to the following articles: 

17615 Article 1. Every injury or act of hostility by one or either 

17616 of the contracting parties against the other shall be mutually 

17617 forgiven and forgot. 

17618 Article 2. There shall be perpetual peace and friendship 

17619 between the citizens of the United States of America and all 

17620 the individuals composing the said Fox Tribe or Xation. 

17621 Article 3. The contracting parties do hereby agree, proni- 

17622 ise, and oblige themselves, reciprocally, to deliver up all the 

17623 prisoners now in their hands, (by what means soever the same 
17621 may have come into their possession.) to the officer commanding 

17625 at Fort Clark, on the Illinois Hiver. to be by him restored to 

17626 their respective nations as soon as it may be practicable. 

17627 Article 4. The said Fox Tribe or Xation do hereby assent 

17628 to, recognize, re-establish, and confirm the treaty of St. Louis, 

17629 which was concluded on the third day of Xovember, one thou- 

17630 sand eight hundred and four, to the full extent of their interest 

17631 in the same, as well as all other contracts and agreements 

17632 between the parties; and the United States promises to fulfil 

17633 all the stipulations contained in the said treaty in favor of the 
17631 said Fox Tribe or Xation. 

17635 Eatified December 26, 1815, 



395 



1763G ILLINOIS. 

17G37 A treaty made and concluded by and between Xinian Edwards and 

17638 Auguste Chouteau, commissioner* on the part and behalf of the 

17G39 United States of America, of the one part, and the undersigned, 

17640 principal chiefs and warriors of the Peoria, Kaskaskia, Mitch- 

17641 igamia, Cahokia, and Tamarois tribes of the Illinois Nation 

17612 of Indians, on the part and behalf of the said tribes, of the 

17613 other part. 

17611 Whereas, by the treaty made at Vincennes, on the thirteenth 

17615 clay of August, in the year of oar Lord one thousand eight hun- 

17616 dred and three, between the United States, of the one part, and 

17617 the head chiefs and warriors of the tribe of Indians commonly 

17618 called the Kaskaskia tribe, but which was composed of, and 

17619 rightfully represented, the Kaskaskia, Mitchigamia, Cahokia, 

17650 and Tamarois tribes of the Illinois Nation of Indians, of the 

17651 other part, a certain tract of land was ceded to the United 

17652 States, which was supposed to include all the laud claimed by 

17653 those respective tribes, but which did not include, and was not 
17651 intended to include, the land which was rightfully claimed by 

17655 the Peoria Indians, a tribe of the Illinois Nation, who then did ^ 

17656 and still do, live separate and apart from the tribes above men- 

17657 tioned, and who were not represented in the treaty refer'ed to 

17658 above, nor ever received any part of the consideration given for 
17059 the cession of laud therein mentioned; and 

17660 Whereas the said tribe of Peoria are now also disposed to 

17661 cede all their land to the Ignited States, and, for the purpose of 

17662 avoiding any dispute with regard to the boundary of their claim. 

17663 are willing to unite with the Kaskaskia, Mitchigamia, Cahokia, 
17661 and Tamarois tribes, in confirming the cession of land to the 

17665 United States which was made by the treaty above refer'ed to. 

17666 and in extending the cession so as to include all the land claimed 

17667 by those tribes, and themselves, respectively : 

17668 Aeticle 1. For which purpose the undersigned, head chiefs 

17669 and warriors of the Peoria, Kaskaskia, Mitchigamia, Cahokia, 

17670 and Tamarois tribes of the Illinois Nation of Indians, for the 

17671 considerations hereinafter mentioned, do hereby relinquish, cede, 

17672 and confirm, to the United State*, all the land included within 

17673 the following boundaries, viz: Beginning at the confluence of 
17671 the Ohio and Mississippi Rivers : thence up the Ohio to the 

17675 mouth of Saline Creek, about twelve miles below the mouth of 

17676 the Wabash ; thence along the dividing ridge between the waters 

17677 of said creek and the Wabash, to the general dividing ridge 

17678 between the waters which fall into the Wabash and those which 

17679 fall into the Kaskaskia Eiver ; thence along the said ridge untill 



396 

17680 it reaches the waters which fall into the Illinois River 5 thence a 

17681 direct line to the confluence of the Kankakee and Maple Eivers ; 

17682 thence down the Illinois Eiver to its confluence with the Missis- 

17683 sippi Eiver, and down the latter to the beginning. 

17681 Article 2. It is mutually agreed by the parties hereto 

17685 that all the stipulations contained in the treaty above referred 

17686 to shall continue binding and obligator}' on both parties. 

17687 Article 3. The United States will take the Peoria tribe, 

17688 as well as the other tribes hereinabove mentioned, under their 

17689 immediate care and patronage, and will afford them a protection 

17690 as effectual, against any other Indian tribes, and against all 

17691 other persons whatever, as is enjoyed by the citizens of the 

17692 United States. And the said Peoria tribe do hereby engage to 

17693 refrain from making war, or giving any insult or offence, to any 
17691 other Indian tribe, or to any foreign nation, without first having 

17695 obtained the approbation and consent of the United States. 

17696 Article 4. In addition to two thousand dollars 7 worth of 

17697 merchandize, this day paid to the above-mentioned tribes of In- 

17698 dians, the receipt whereof is hereby acknowledged, the United 

17699 States promise to pay to the said Peoria tribe, for the term of 

17700 twelve years, an annuity of three hundred dollars, in money, 

17701 merchandize, or domestic animals, at the option of tbe said tribe ; 

17702 to be delivered at tbe village of St. Genevieve, in the Territory 

17703 of Missouri. 

17704 Article 5. The United States agree to cede to the said 

17705 Peoria tribe six hundred and forty acres of land, including their 

17706 village on Blackwater Eiver, in the Territory of Missouri : Pro- 

17707 vided, That the said tract is not included within a private claim ; 

17708 but should that be the case, then some other tract of equal 

17709 quantity and value shall be designated for said tribe, at such 

17710 place as the President of the United States may direct. And 

17711 the said Peoria tribe hereby agree to accept the same, together 

17712 with the presents now given them, and the annuity hereby 

17713 promised them, as a full equivalent for all and every tract of 

17714 land to which they have any pretence of right or title. 

17715 Articles of a treaty made and entered into at Castor Hill, in the 

17716 county of St. Louis, in the State of Missouri, this twenty - 
Villi seventh day of October, one thousand eight hundred and thirty - 

17718 two, between William GlarJc, Franlc J. Allen, and Nathom 

17719 Kouns, commissioners on the part of the United States, of the 

17720 one part, and the KaslcasMa and Peoria tribes, which, with the 

17721 Wichigamia, Cahohia, and Tamarois bands, note united with the 

17722 two first-named tribes, formerly composed the Illinois Nation 

17723 of Indians, of the other part. 

17724 Whereas the Kaskaskia tribe of Indians and the bands 



397 



17725 aforesaid united therewith are desirous of uniting* with the 

1772G Peorias, (composed as aforesaid,) on lands west of the State of 

17727 Missouri, they have therefore for that purpose agreed, with the 

17728 commissioners aforesaid, upon the following stipulations : 

17729 Aeticle 1. The Kaskaskia tribe of Indians and the several 

17730 bands united with them as aforesaid, in consideration of the 

17731 stipulations herein made on the part of the United States, do 

17732 forever cede and release to the United States the lands granted 

17733 to them forever by the first section of the treaty of Yincennes 
17731 of 13th August, 1803, (see page 423,) reserving, however, to 

17735 Ellen Decoigne, the daughter of their late chief, who has mar- 

17736 ried a white man, the tract of land, of about three hundred and 

17737 fifty acres, near the town of Kaskaskia, which was secured to 

17738 said tribe by the act of Congress of 3d March, 1793. 

17739 Article 2. The Kaskaskia tribe farther relinquishes to the 

17710 United States the permanent annuity of one thousand dollars, 

17711 which they receive under the third article of the aforesaid treaty, 
177-12 and their salt annuity due by treaty of Fort Wayne of 7th 
17713 June, 1803. 

17711 Aeticle 3. The Peoria tribe and the bands aforesaid, 

17715 united therewith, cede and relinquish to the United States all 

17716 their claims to land heretofore reserved by or assigned to them 

17717 in former treaties, either in the State of Illinois or Missouri. 

17718 Aeticle 1. The United States cede to the combined tribes 

17719 of Kaskaskias and Peorias, and the bands aforesaid united with 

17750 them, one hundred and fifty sections of land forever, or as long 

17751 as they live upon it as a tribe, to include the present Peoria 

17752 Village west of the State of Missouri, on the waters of Osage 

17753 Eiver, to be bounded as follows, to wit : North by the lands 
17751 assigned to the Shawanoes ; west by the western line of the res- 

17755 ervation made for the Piankeshaws, Weas, and Peorias ; and 

17756 east by lands assigned the Piankeshaws and Weas. 

17757 Aeticle 5. In consideration of the foregoing cessions and 

17758 relinquishments the United [States] agree to pay to the said 

17759 united Kaskaskia and Peoria tribes (composed as aforesaid) an 

17760 annuity of three thousand dollars for ten successive years, to be 

17761 paid on the lands assigned them in common, either in money. 

17762 merchandise, or domestic stock, at their option ; if in merchau- 

17763 dise. to be delivered to them free of transportation. 

17761 Aeticle 6. And whereas the said Peoria tribe, and the 

17765 bands united with them as aforesaid, assert in council that they 

17766 never understood the 5th article of the treaty of Edwardsville of 

17767 25th September. 1825, as ceding to the United States their claims 

17768 to lands in Missouri, on which they had been settled for a length 
177C9 of time previous to that treaty, and of which they had had pos- 
17770 session for more than sixty years — and now demand an equivalent 



398 



17771 for those claims. Tlie commissioners, with a view of quieting for- 

17772 ever the said claims and all demands of whatever nature which 

17773 said Peoria tribe and the several bauds united therewith as afore - 
17771 said have against the Government or citizens of the United 

17775 States, agree to pay, viz: to the Peorias in common with the 

17776 Kaskaskias, the sum of sixteen hundred dollars; to the Kaskas- 

17777 Idas alone, for seven horses lost by them, and for salt-annuities 

17778 due to them by the treaty of Fort Wayne aforesaid, three hun- 

17779 dred and fifty dollars; to the Peorias alone, for improvements 

17780 on the lauds they moved from, two hundred and fifty dollars j 

17781 to the united Peorias and Kaskaskias, there shall be paid and 

17782 delivered, on their land, as soon as practicable after the ratifica- 

17783 tion of this treaty, cows and calves and other stock to the amount 
17781 of four hundred dollars, three iron-bound carts', three yoke of 
17785 ozen, and six plows. There shall also be built for said tribes four 
1778C) log-houses ; for breaking up ground and fencing the same, three 

17787 hundred dollars; for agricultural implements, iron, and steel, 

17788 fifty dollars per annum for four years. There shall also be paid 

17789 to the said united tribes, on the signing of this treaty, eight hun- 

17790 dred dollars in goods suited to their wants. Assistance shall 

1 7791 also be given the Kaskaskias in moving to their lands, and pro- 

17792 visions for one year after their removal, to the amount of one 

17793 thousand dollars. It is understood that any stipulations in this 
17791 or the preceding articles, for the benefit of the Peorias or Kas- 

17795 kaskias, separately or united, shall embrace, in either case, the 

17796 bands before mentioned, united with either or both tribes as the 

17797 case may be. 

17798 Article 7. In consideration of the stipulations contained 

17799 in the preceding articles, the Peoria and Kaskaskia tribes, and 

17800 the bands of Michigamia, Cahokia, and Tamarois Indians united 

17801 with them, hereby forever cede and relinquish to the United 

17802 States their claims to lands within the States of Illinois and 

17803 Missouri, and all other claims of whatsoever nature which they 
17801 have had or preferred against the United States or the citizens 

17805 thereof, up to the signing of this treaty. 

17806 Article 8. This treaty, after the same shall be ratified by 

17807 the President and Senate of the United States, shall be obliga- 

17808 tory on the contracting parties. 

17809 Proclaimed January 5, 1819. 



399 



17810 IOWAYS. 

17811 A treaty of peace and friendship, made and concluded between Will 

17812 iam Clark, Xinian Ed/cards, and Auguste Choteau, commit. 

17813 sioners plenipotentiary of the United States of America', on the 
17811 part and behalf of the said States, of the one part, and the 

17815 undersigned lings, chiefs, and warriors of the loway tribe or 

17816 nation, on the part and behalf of the said tribe or nation, of 

17817 the other part. 

17818 The parties being desirous of reestablishing peace and frienjd- 

17819 ship between the United States and the said tribe or nation, and 

17820 of being placed in all things, and in every respect, on the same 

17821 footing upon which they stood before the war, have agreed to 

17822 the following articles : 

17823 Article 1. Every injury or act of hostility, by one or either 
17821 of the contracting parties against the other, shall be mutually 
17825 forgiven and forgot. 

17820 Article 2. There shall be perpetual peace and friendship 

17827 between all the citizens of the United States and all the individ 

17828 uals composing the said la way tribe or nation. 

17829 Article 3. The contracting parties do hereby agree, prom- 

17830 ise, and oblige themselves, reciprocally, to deliver up all the 

17831 prisoners now in their hands (by what means soever the same 

17832 may have come into their possession) to the officer commanding 

17833 at St. Louis, to be by him restored to their respective nations, a 
17831 soon as it may be practicable. 

17835 Article 1. The contracting parties, in the sincerity of mu- 

17830 tual friendship, recognize, re-establish, and confirm all and every 

17837 treaty, contract, and agreement heretofore concluded between 

17838 the United States and the said Iaway tribe or nation. 

17839 Ratified December 20, 1815. 

17810 Articles of a treaty made and concluded at the city of Washington 

17811 on the fourth day of August, one thousand eight hundred and 

17812 twenty four, between William Clark, superintendent of Indian 

17813 affairs, being specially authorized by the President of the 
17811 United States thereto, and the undersigned chiefs and head- 
17815 men, of the loway tribe or nation, duly authorized and empow- 
17810 ered by the said nation. 

17817 Article 1. The loway tribe or nation of Indians, by their 

17818 deputies, Ma-hos-kah, (or White Cloud.) and Mah-ne-hah-nah, 

17819 (or Great Walker,) in council assembled, do hereby agree, in con- 

17850 sideration of a certain sum of money. &c., to be paid to the said 

17851 loway tribe, by the Government of the United States, as herein- 



400 



17S52 after stipulated, to cede and forever quit claim, and do, in be- 

17853 half of their said tribe, hereby cede, reliuquish, and forever quit- 

17854 claim, unto the United States, all right, title, interest, and claim, 
17S55 to the lands which the said Ioway tribe have, or claim, within 

17856 the State of Missouri, and situated between the Mississippi and 

17857 Missouri Elvers and a line running from the Missouri, at the 

17858 mouth or entrance of Kanzas Elver, north one hundred miles, 

17859 to the northwest corner of the limits of the State of Missouri, 

17860 and, from thence, east to the Mississippi, 

17861 Article 2. It is hereby stipulated and agreed, on the part 

17862 of the United States, as a full compensation for the claims and 

17863 lands ceded by the Ioway tribe in the preceding article, there 
17861 shall be paid to the said Ioway tribe, within the present year, 

17865 in cash or merchandise, the amount of live hundred dollars, and 

17866 the United States do further agree to pay to the Ioway tribe 

17867 five hundred dollars, annually, for the term of ten succeeding 

17868 years. 

17869 Article 3. The chiefs and head-men who sign this treaty, 

17870 for themselves, and in behalf of their tribe, do acknowledge that 

17871 the lands east and south of the lines described in the first article, 

17872 (which has been run and marked by Colonel Sullivan,) so far as 

17873 the Indians claimed the same, to belong to the United States, 

17874 and that none of their tribe shall be permitted to settle or hunt 

17875 upon any part of it, after 1st day of January, one thousand 

17876 eight hundred and twenty-six, without special permission from 

17877 the superintendent of Indian Affairs. 

17878 Article 1. The undersigned chiefs, for themselves, and all 

17879 parts of the Ioway tribe, do acknowledge themselves and the 

17880 said Ioway tribe to be under the protection of the United States 

17881 of America, and of no other sovereign whatsoever; and they 

17882 also stipulate that the said Ioway tribe will not hold any treaty 

17883 with any foreign powers, individual State, or with individuals 
17881 of any State. 

17885 Article 5. The United States engage to provide and sup- 

17886 port a blacksmith for the Ioway tribe, so long as the President 

17887 of the United States may think proper, and to furnish the said 

17888 tribe with such farming utensils and cattle, and to employ such 

17889 persons to aid them in their agriculture as the President may 

17890 deem expedient. 

17891 Article 6. The annuities stipulated to be paid by the sec- 

17892 ond article, to be paid either in money, merchandise, provisions, 

17893 or domestic animals, at the option of the aforesaid tribe ; and 
17891 when the said annuities, or any part thereof, is paid in merchan- 

17895 disc, it is to be delivered to them at the first cost of the goods at 

17896 St. Louis, free from cost of transportation. 

17897 Article 7. This treaty shall take effect, and be obligatory 



401 



1789S on the contracting parties, so soon as the same shall be ratified 

17899 by the President of the United States, by and with the advice 

17900 and consent of the Senate thereof. 

17901 Proclaimed January 18, 1825, 

17902 Articles of a treaty made at the city of Saint Louis, between Joshua 

17903 Pitcher, thereto specially authorised by the President of the 

17904 United States, and the loway Indians, by their chiefs and 

17905 delegates. 

1790G Article 1. The loway Indians cede to the United States 

17907 all the right and interest in the land ceded by the treaty con* 

17908 eluded with them and other tribes on the loth of July, 1830, 

17909 (proclaimed February 24, 1831,) which they might be entitled 

17910 to claim, by virtue of the phraseology employed in the second 

17911 article of said treaty. 

17912 Article 2. In consideration of the cession contained in the 

17913 preceding article, the United States stipulate to pay them two 

17914 thousand five hundred dollars ($2,500) in horses, goods, and 

17915 presents, upon their signing this treaty in the city of Saint Loui s 

17916 Article 3. The expenses of this negotiation and of the 

17917 chiefs and delegates signing this treaty, to the city of Washing- 

17918 ton and to their homes, to be paid by the United States. 

17919 Article 4. This treaty to be binding upon the contracting 

17920 parties when the same shall be ratified by the United States. 

17921 Proclaimed February 21, 1838. 



17922 Articles of a treaty made at the Great Nemowhaw sub-agency be- 

17923 tween John Dougherty, agent of Indian affairs, on the part of 

17924 the United States, being specially authorized, and the chiefs and 

17925 head men of the Ioivay tribe of Indians for themselves, and on 

17926 the part of their tribe. 

17927 Article 1. The loway tribe of Indians cede to the United 

17928 States— 

17929 First. All right or interest in the country between the Mis- 

17930 souri and Mississippi Rivers, and the boundary between the 

17931 Sacs and Foxes, and Sioux, described in the second article of 

17932 the treaty made with these and other tribes, on the 19th of 

17933 August, 1825, (proclaimed February 6, 1826,) to the full ex- 

17934 tent to which said claim is recognised in the third article of 

17935 said treaty, and all interest or claim by virtue of the provisions 

17936 of any treaties since made by the United States with the Sacs 

17937 and Foxes of the Mississippi. 

1793& Second. All claims or interest under the treaties of August 
51 I T 



402 



17939 4, 1824, July 15, 1830, (see page 399,) and September 17, 
17910 183G, (see page 407,) except so much of the last-mentioned 

17941 treaty as secures to them two hundred sections of land, the 

17942 erection of five comfortable houses, to enclose and break up for 

17943 them two hundred acres of ground, to furnish them with a fer- 

17944 ry-boat, one hundred cows and calves, five bulls, one hundred 

17945 head of stock-hogs, a mill, and interpreter. 

17940 Article 2. In consideration of the cession contained in 

17947 the preceding article, the United States agree to the following 

17948 stipulations on their part : 

17949 First. To pay to the said Ioway tribe of Indians the sum of 

17950 oue hundred and fifty-seven thousand five hundred (1157,500) 

17951 dollars. 

17952 Second. To invest said sum of one hundred and fifty-seven 

17953 thousand five hundred (157,500) dollars, and to guaranty them 

17954 an annual income of not less than five per cent, thereon during 

17955 the existence of their tribe. 

17956 Third. To set apart annually such amount of said income as 

17957 the chiefs and head-men of said tribe may require, for the sup, 

17958 port of a blacksmith-shop, agricultural assistance, and education 

17959 to be expended under the direction of the President of the 

17960 United States. 

17961 Fourth. To pay out of said income to Jeffrey Derroin, inter- 

17962 preter for said tribe, for services rendered, the sum of fifty dol- 

17963 lars annually during his natural life; the balance of said income 

17964 shall be delivered, at the cost of the United States, to said tribe 

17965 of Ioway Indians in money or merchandise, at their own discre- 

17966 tion, at such time and place as the President may direct : Pro. 

17967 vided altvays. That the payment shall be made each year in the 

17968 month of October. 

17969 Article 3. The United States further agree in addition to 

17970 the above consideration to cause to be erected ten houses at such 

17971 place or places on their own land as said Ioways may select, of 

17972 the following description, (viz,) each house to be ten feet high 

17973 from bottom sill to top plate, eighteen by twenty feet in the 

17974 clear, the roof to be well sheeted and shingled, the gable-ends 

17975 to be weather-boarded, a good floor above and below, one door 

17976 and two windows complete, one chimney of stone or brick, and 

17977 the whole house to be underpinned. 

17978 Article 4. This treaty to be binding upon the contracting 

17979 parties when the same shall be ratified by the United States. 

17980 Proclaimed March 2, 1839. 

17981 ]N. B. — All claims and demands of every kind and descrip- 

17982 tion, arising under former treaties in favor of the Ioways upon 

17983 the United States, are released by the 12th article of the follow- 

17984 ing treaty of July 17, 1854. 



403 



1-7985 Franklin Pierce, President of the United States of America, 

17986 to all and singular to whom these presents shall come, 

170 9 7 greeting: 

179SS Whereas a treaty was made and concluded at the city of 

17930 Washington on the seventeenth day of May, one thousand eight 

17990 hundred and fifty-four, by George W. Manypenny. commissioner 

17991 on the part of the United States, and the following-named del- 

17992 egates of the Ioway tribe of Indians, viz : Xan-chee-ning-a, or 

17993 No Heart : Skoon-ty-ing-a, or Little Wolf ; Wah-moon-a-kah, or 
17991 the Man who Steals : and 2sar-ge-ga-rask, or British; they 
17995 being thereto duly authorized by said tribe, which treaty is in 
1799G the words following, to wit : 

17997 Articles of agreement and convention made and concluded at 

17998 the city of Washington, this seventeenth day of May, one 
17909 thousand eight hundred and fifty-four, by George W. Many- 

18000 penny, commissioner on the part of the United States, and 

18001 the following-named delegates of the Ioway tribe of 

18002 Indians, viz : Xan-chee-ning-a, or Xo Heart : Shoon-ty-ing-a, 

18003 or Little Wolf : Wah-nioon-a-ka. or the Man who Steals; 
18001 and Xar^ge^ga-rash, or British ; they being thereto duly 

18005 authorized by said tribe, 

18006 Article 1. The Ioway tribe of Indians hereby cede, reliu- 

18007 quisk. and convey to the United States, all their right, title, 

18008 and interest in and to the country, with the exception herein- 

18009 after named, which was assigned to them by the treaty concluded 

18010 with their tribe and the Missouri band of Sacs and Foxes, by 

18011 William Clark, superintendent of Indian affairs, on the seven- 

18012 teenth of September, one thousand eight hundred and thirty 

18013 six, being the upper half of the tract described in the second 

18014 article thereof, as (i the small strip of land on the south side of 

18015 the Missouri River, lying between the Kickapoo northern bound- 

18016 ary-line and the Grand Xemahaw Eiver, and extending from the 

18017 Missouri back and westwardly with the said Kickapoo line and 

18018 the Grand 2s emahaw, making four hundred sections ; to be di- 

18019 vided between the said loways and Missouri band of Sacs and 

18020 Foxes ; the lower half to the Sacs and Foxes, the upper half to 

18021 the loways," but they except and reserve of said country, so 

18022 much thereof as is embraced within and designated by the fol 

18023 lowing metes and bounds, viz : Beginning at the mouth of the 
18021 Great Xemahaw River where it empties into the Missouri ; 

18025 thence down the Missouri River to the mouth of Poland's Creek ; 

18026 thence due south one mile : thence due west to the south fork 
1S027 of the yemahaw River : thence down the said fork with its 

18028 meanders to the Great Xemahaw River, and thence with the 

18029 meanders of said river to the place of beginning; which coun- 



404 



18030 try. it is hereby agreed, shall be the future and permanent home 

18031 of the Ioway Indians. 

13032 Article 2. In consideration of the cession made in the 

18033 preceding article, the United States agree to pay, in the manner 

13034 hereinafter prescribed, to the Ioway Indians, all the moneys re- 

13035 ceived from the sales of the lands which are stipulated in the 

13036 third article hereof to be surveyed and sold, after deducting 
1S037 therefrom the costs of surveying, managing, and selling the 
1S03S same. 

18039 Aeticle 3. The United States agree to have surveys made 

18040 of the country ceded by the Ioways in article first in the same 

13041 manner that the public lands are surveyed, and as soon as it can 

13042 conveniently be done: and the President, after the surveys 

13043 shall have been made and approved, shall proceed to offer said 

13044 surveyed land for sale, at public auction, being governed therein 

13045 by the la^s of the United States respecting sales of public 

13046 lands : and such of said lands as may not be sold at public sales 

13047 shall be subject to private entry in the manner that private 
13043 entries are made of United States land; and all the land re- 

13049 maining unsold after being for three years subject to private 

13050 entry at the minimum Government price may, by act of Con- 

13051 gress. be graduated and reduced in price until the whole is dis- 

13052 posed of, proper regard being had, in making such reduction, to 

13053 the interests of the Ioways and the speedy settlement of the 

13054 country. Until after the said land shall have been surveyed, 

13055 and the surveys approved, no white persons or citizens shall be 

13056 permitted to make thereon auy location or settlement ; and the 

13057 provisions of the act of Congress approved on the third day 
1S053 of March, one thousand eight hundred and seven, relating to 

13059 lands ceded to the United States, shall, so far as they are appli- 

13060 cable, be extended over the lands herein ceded. 

13061 Aeticle 4. It being understood that the present division- 

13062 line between the Ioways and the Sacs and Foxes of Missouri, as 

13063 run by Isaac 'McCoy, will, when the surveys are made, run diag- 

13064 oually through many of the sections, cutting them into frae- 

13065 tions : it is agreed that the sections thus cut by said line, com- 

13066 mencing at the junction of the Wolf with the Missouri River, 

13067 shall be deemed and taken as part of the land hereinbefore 
13363 ceded and directed to be sold for the benefit of the Ioways, 
13069 until the quantity thus taken, including the before-recited reser- 
13 J70 vation. and all the full sections north of said line, shall amount 

13071 to two hundred sections of land. And should the Sacs and 

13072 Foxes of Missouri consent to a change of their residence and be 

13073 so located by the United States as to occupy any portion of the 

13074 land herein ceded and directed to be sold for the benefit of the 

13075 Ioways, west of the tract herein reserved, the Ioways hereby 



405 



1807G agree to the same, and consent to suck an arrangement, upon 

18077 the condition that a quantity of land equal to that which 

18078 may be thus occupied by the Sacs and Foxes, and of as good 

18079 quality, shall be set apart for them out of the country now occu- 

18080 pied by the last-named tribe, contiguous to said division-line, 

18081 and sold for their benefit, as hereinbefore provided. 

18082 Article 5. As the receipts from the sales of the lands 

18083 cannot now be determined, it is agreed that the whole subject 

18084 shall be referred to the President of the United States, who may, 

18085 from time to time, prescribe how much of the proceeds thereof 
1808G shall be paid out to the Ioway people, and the time and mode of 

18087 such payment, and also how much shall be invested in safe and 

18088 profitable stocks, the principal of which to remain unimpaired, 

18089 and the interest to be applied annually for the civilization, edu- 

18090 cation, and religious culture of the loways and such other ob- 

18091 jects of a beneficial character as may be proper and essential to 

18092 their well being and prosperity : provided, that, if necessary, 

18093 Congress may, from time to time, bylaw, make such regulations 
18091 in regard to the funds arising from the sale of said lands, and 
18095 the application thereof for the benefit of the loways, as may in 
1809G the wisdom of that body seem just and expedient. 

18097 Article 6. The President may cause the country the 

18098 loways have reserved for their future home to be surveyed, at 

18099 their expense, and in the same way as the public lands are sur- 

18100 veyed, and assign to each person or family such portion thereof 

18101 as their industry and ability to manage business affairs may, in 

18102 his opinion, render judicious and proper j and Congress may 

18103 hereafter provide for the issuing to such persons patents for the 
18101 same, with guards and restrictions for their protection in the 
18105 possession and enjoyment thereof. 

1S10G Article 7. Appreciating the importance and the benefit 

18107 derived from the mission established among them by the board 

18108 of foreign missions of the Presbyterian Church, the loways 

18109 hereby grant unto the said board a tract of three hundred and 

18110 twenty acres of land, to be so located as to include the improve- 

18111 ments at the mission, and also a tract of one hundred and sixty 

18112 acres of timbered land, to be selected by some agent of the board 

18113 from the legal subdivisions of the surveyed land; and the 
18111 President shall issue a patent or patents for the same, to such 

18115 person or persons as said board may direct. They further grant 

18116 to John B. Eoy, their interpreter, a tract of three hundred and 

18117 twenty acres of land, to be selected by him in " Wolfs Grove," 

18118 for which the President shall also issue a patent. 

18119 Article 8. The debts of Indians contracted in their private 

18120 dealings as individuals, whether to traders or otherwise, shall 

18121 not be paid out of the general fund. 



406 



18122 Article 9. As some time must elapse before any benefit 

18123 can be derived from the proceeds of the sale of their land, and 
18121 as it is desirable that the Ioways should at once engage in 

18125 agricultural pursuits and in making improvements on the tract 

18126 hereinbefore reserved for them, it is hereby agreed that, of the 

18127 fund of one hundred and fifty-seven thousand five hundred dol- 

18128 lars, set apart to be invested by the second clause of the second 
1S129 article of the treaty concluded on the nineteeth day of October, 

18130 one thousand eight hundred and thirty-eight, a sum not exceeding 

18131 one hundred thousand dollars shall be paid to the Indians, or 

18132 expended under the direction of the President, for the erection 

18133 of houses, breaking and fencing lands, purchasing stock, farming 
18131 utensils, seeds, and such other articles as may be necessary for 

18135 their comfort. Fifty thousand dollars, or so much thereof as 

18136 may be deemed expedient, to be paid during the year commenc- 

18137 ing on the first of October, one thousand eight hundred and 

18138 fifty-four $ and the other fifty thousand dollars, or so much 

18139 thereof as shall be deemed expedient, to be paid during the year 

18110 commencing on the first of October, one thousand eight hundred 

18111 and fifty-five. The residue of said fund of one hundred and fifty* 

18112 seven thousand five hundred dollars on hand after the payments 

18113 herein provided for have been made shall remain as a trust fund, 
18111 the interest upon which, as well as the interest that may have 

18115 accrued on the portion drawn out, shall be applied, under the 

18116 direction of the President, to educational or other beneficial 
1S117 purposes among the Ioways. 

18118 Article 10. It is agreed that all roads and highways laid 

18119 out by authority of law shall have a right of way through the 

18150 lands herein reserved, on the same terms as are provided by law 

18151 when roads and highways are made through the lands of citizens 

18152 of the United States ; and railroad companies, when the lines of 

18153 their roads necessarily pass through the lands of the Ioways, 
18151 shall have right of way on the payment of a just compensation 

18155 therefor in money. 

18156 Article 11. The Ioways promise to renew their efforts to 

18157 suppress the introduction and use of ardent spirits in their 

18158 country, to encourage industry, thrift, and morality, and by every 

18159 possible effort to promote their advancement in civilization. 

18160 They desire to be at peace with all men, and they bind thein^ 

18161 selves to commit no depredation or wrong upon either Indians 

18162 or citizens, and whenever difficulties arise they will abide by the 

18163 laws of the United States, in such cases made and provided, as 
18161 they expect to be protected and to have their rights vindicated 

18165 by them. 

18166 Article 12. The loway Indians release the United States 

18167 from all claims and demands of every kind and description 



407 



1816S arising under former treaties, and agree to remove themselves 

18169 within six months after the ratification of this instrument, to 

18170 the lands herein reserved for their homes, in consideration 

18171 whereof the United States agree to pay to said Indians five 

18172 thousand dollars, two thousand of which, with such portion of 

18173 balances of former appropriations of interest-fund as may not 
18171 now be necessary under specific heads, may be expended in the 
18175 settlement of their affairs preparatory to removal. 

18170 Article 13. The object of this instrument being to advance 

18177 the interests of the loway people, it is agreed, if it prove insuffi- 

18178 cient, from causes which cannot now be foreseen, to effect these 

18179 ends, that the President may, by and with the advice and con- 

18180 sent of the Senate, adopt such policy in the management of their 

18181 affairs as, in his judgment, may be most beneficial to them, or 

18182 Congress may hereafter make such provision by law as experi- 

18183 ence shall prove to be necessary. 

18181 Article 14. This instrument shall be obligatory on the 

18185 contracting parties whenever the same shall be ratified by the 

18186 President and the Senate of the United States. 

18187 Proclaimed July 17, 1854. 



18188 10 WAYS AXD SACKS AXD FOXES OP THE MISSOURI. 



18189 Articles of a treaty made and concluded at Fort Leaven worth, on 

18190 the Missouri River, betiveen William Clark, Superintendent of 

18191 Indian affairs, on the part of the United States, of the one 

18192 part, and the undersigned chiefs, warriors, and counsellors of 

18193 the loway tribe and the band of Sachs and Foxes of the 31 is- 

18194 souri, (residing west of the State of Missouri,) in behalf of their 

18195 respective tribes, of the other part. 

18196 Article 1. By the first article of the treaty of Prairie du 

18197 Chien, held the fifteenth day of July, 1830, (proclaimed Febru- 

18198 ary 24, 1831,) with the confederated tribes of Sacks, Foxes, 

18199 loways, Omahaws, Missourias, Ottoes, and Sioux, the country 

18200 ceded to the United States by that treaty is to be assigned and 

18201 allotted under the direction of the President of the United 

18202 States to the tribes living thereon, or to such other tribes as 

18203 the President may locate thereon, for hunting and other pur- 

18204 poses. And whereas it is further represented to us, the chiefs, 

18205 warriors, and counsellors of the loways and Sack and Fox band 

18206 aforesaid, to be desirable that the lands lying between the State 

18207 of Missouri and the Missouri Eiver should be attached to and 

18208 become part of said State, and the Indian title thereto be entirely 



408 



18209 extinguished j but that, notwithstanding, as these lands com- 

18210 pose a part of the country embraced by the provisions of said 

18211 first article of the treaty aforesaid, the stipulations thereof will 

18212 be strictly observed until the assent of the Indians interested is 

18213 given to the proposed measure, 

18214 Now we, the chiefs, warriors, and counsellors of the Ioways 

18215 and Missouri band of Sacks and Foxes, fully understanding 

18216 the subject, and well satisfied from the local position of the 

18217 lands in question, that they never can be made available for 

18218 Indian purposes, and that an attempt to place an Indian popu- 

18219 lation on them must inevitably lead to collisions with the citi- 

18220 zens of the United States ; and further believing that the exten- 

18221 sion of the State line in the direction indicated would have a 

18222 happy effect, by presenting a natural boundary between the 

18223 whites and Indians ; and willing, moreover, to give the United 

18224 States a renewed evidence of our attachment and friendship, do 

18225 hereby for ourselves, and on behalf of our respective tribes, 

18226 (having full power and authority to this effect,) forever cede, 

18227 relinquish, and quit-claim, to the United States, ail our right, 

18228 title, and interest of whatsoever nature in and to the lands lying 

18229 between the State of Missouri and the Missouri River, and do 

18230 freely and fully exonerate the United States from any guarantee, 

18231 condition, or limitation, expressed or implied, under the treaty of 

18232 Prairie du Chien aforesaid, or otherwise, as to the entire and 

18233 absolute disposition of the said lands, fully authorizing the 

18234 United States to do with the same whatever shall seem expedi- 

18235 ent or necessary. 

18236 As a proof of the continued friendship and liberality of the 

18237 United States toward the Ioways and band of Sacks and Foxes 

18238 of the Missouri, and as an evidence of the sense entertained for 

18239 the good- will manifested by said tribes to the citizens and Gov- 

18240 eminent of the United States, as evinced in the preceding ces- 
18211 sion or relinquishment, the undersigned, William Clark, agrees, 

18242 on behalf of the United States, to pay as a present to the said 

18243 Ioways and band of Sacks and Foxes seven thousand five 

18244 hundred dollars in money, the receipt of which they hereby 

18245 acknowledge. 

18246 Article 2. As the said tribes of Ioways and Sacks and 

18247 Foxes have applied for a small piece of land, south of the Mis- 

18248 souri, for a permanent home, on which they can settle, and re- 

18249 quest the assistance of the Government of the United States to 

18250 place them on this land, in a situation at least equal to that 

18251 they now enjoy on the land ceded by them : Therefore I, Wil- 

18252 liam Clark, superintendent of Indian affairs, do further agree, 

18253 on behalf of the United States, to assign to the Ioway tribe, 

18254 and Missouri band of Sacks and Foxes, the small strip of land 



109 



18255 oil the south .side of the Missouri River, lying between the 

18256 Kickapoo northern boundary -line and the Grand Nemahar 

18257 River, and extending from the Missouri back and westward) v 

18258 with the said Kickapoo line and the Grand Nemahar, making 

18259 four hundred sections; to be divided between the said Ioways 
182G0 and Missouri band of Sacks and Foxes, the lower half to the 

18261 Sacks and Foxes, the upper half to the Ioways. 

18262 Article 3. The Ioways and Missouri baud of Sacks and 

18263 Foxes further agree that they will move and settle on the lands 

18264 assigned them in the above article, as soon as arrangements can 

18265 be made by them ; and the undersigned, William Clark, in be- 

18266 half of the United States, agrees that, as soon as the above 

18267 tribes have selected a site for their villages, and places for their 

18268 fields, and moved to them, to erect for the Ioways live comforta- 

18269 ble houses ; to enclose and break up for them two hundred acres 

18270 of ground ; to furnish them with a farmer, a blacksmith, school- 

18271 master, and interpreter, as long as the President of the United 

18272 States may deem proper ; to furnish them with such agricul- 

18273 tural implements as may be necessary, for five years ; to furnish 

18274 them with rations for one year, commencing at the time of their 

18275 arrival at their new homes ; to furnish them with one ferry - 

18276 boat j to furnish them with one hundred cows and calves, and 

18277 five bulls, and one hundred stock-hogs when they require them ; 

18278 to furnish them with a mill, and assist in removing them, to 

18279 the extent of five hundred dollars. And to erect for the Sacks 

18280 and Foxes three comfortable houses ; to enclose and break up 

18281 for them two hundred acres of ground ; to furnish them with a 

18282 farmer, blacksmith, schoolmaster, and interpreter, as long as 

18283 the President of the United States may deem proper 5 to furnish 

18284 them with such agricultural implements as may be necessary, 

18285 for five years ; to furnish them with rations for one year, com- 

18286 mencing at the time of their arrival at their new home ; to 

18287 furnish them with one ferry-boat ; to furnish them with one hun- 

18288 dred cows and calves, and five bulls, one hundred stock-hogs 

18289 when they require them ; to furnish them with a mill ; and to 

18290 assist in removing them, to the extent of four hundred dollars. 

18291 Article 4. This treaty shall be obligatory on the tribes. 

18292 parties hereto, from and after the date hereof, and on the 

18293 United States from and after its ratification by the Government 

18294 thereof. 

18295 Proclaimed February 15, 1837. 

52 1 T 



410 



18296 KANSAS. 

18297 A treaty of peace and friendship made and concluded between 

18298 Ninian Edwards and Auguste Chouteau, commissioners plen- 

18299 ipotentiary of the United States of America, on the part and 

18300 behalf of the said States, of one part, and the under signed 

18301 chiefs and tcarriors of the Kanzas tribe of Indians, on the 

18302 part and behalf of their said tribe, of the other part. 

18303 The parties being' desirous of re-establishing peace and 

18304 friendship between the United States and their said tribe, and 

18305 of being placed in all things and in every respect upon the same 

18306 footing upon which they stood before the late war between the 

18307 United States and Great Britain, have agreed to the following 

18308 articles : 

18309 Article 1. Every injury or act of hostility by one or either 

18310 of the contracting parties against the other shall be mutually 

18311 forgiven and forgot. 

18312 Article 2. There shall be perpetual peace and friendship 

18313 between all the citizens of the United States of America and 

18314 all the individuals composing the said Kanzas tribe, and all the 

18315 friendly relations that existed between them before the war shall 

18316 be, and the same are hereby, renewed. 

18317 Article 3. The undersigned chiefs and warriors, for them- 

18318 selves and their said tribe, do hereby acknowledge themselves 

18319 to be under the protection of the United States of America, and 

18320 of no other nation, power, or sovereign, whatsoever. 

18321 Eatified December 26, 1818. 



18322 Articles of a treaty made and concluded at the city of Saint Louis, 

18323 in the State of Missouri, between William ClarJc, superintend- 

18324 ant of Indian affairs, commissioner on the part of the United 

18325 States of America, and the undersigned chiefs, head-men, and 

18326 warriors of the Kansas Nation of Indians, duly authorized 

18327 and empowered by said nation. 

18328 Article 1. The Kansas do hereby cede to the United States 

18329 - all the lands lying within the State of Missouri to which the 

18330 said nation have title or claim ; and do further cede and relin- 

18331 quish, to the said United States, all other lands which they now 

18332 occupy, or to which they have title or claim, lying west of the 

18333 said State of Missouri, and within the following boundaries : 

18334 Beginning at the entrance of the Kansas River into the Missouri 

18335 River; from thence north to the northwest corner of the State 

18336 of Missouri ; from thence westwardly to the Nodewa River, thirty 

18337 miles from its entrance into the Missouri; thence to the en- 



411 



18338 tranceoftheBigNemahaEiverintotheMissouri, and with thatriv- 

18339 er to its source; from thence to the source of the Kansas Eiver, 
18310 leaving the old village of the Pauia Bepublie to the west; from 
18341 thence, on the ridge dividing the waters of the Kansas Eiver 
18312 from those of the Arkansas, to the western boundary of the 

18343 State line of Missouri, and with that line thirty miles to the 

18344 place of beginning. 

18345 Article 2. From the cession aforesaid, the following reser- 

18346 vation for the use of the Kansas Nation of Indians shall be 

18347 made, of a tract of land, to begin twenty leagues up the Kansas 

18348 Eiver, and to include their village on that river; extending 

18349 west thirty miles in width, through the lands ceded in the first 

18350 article, to be surveyed and marked under the direction of the 

18351 President, and to such extent as he may deem necessary, and at 

18352 the expense of the United States. The agents for the Kansas, 

18353 and the persons attached to the agency, and such teachers and 

18354 instructors as the President shall authorize to reside near the 

18355 Kansas, shall occupy, during his pleasure, such lands as maybe 

18356 necessary for them within this reservation. 

18357 Article 3. In consideration of the cession of land and re- 

18358 liuquishments of claims, made in the first articles, the United 

18359 States agree to pay to the Kansas Nation of Indians three thou- 

18360 sand five hundred dollars per annum, for twenty successive 

18361 years, at their villages, or at the entrance of the Kansas Eiver, 

18362 either in money, merchandize, provisions, or domestic animals, 

18363 at the option of the aforesaid nation ; and when the said annul- 

18364 ties, or any part thereof, is paid in merchandize, it shall be de- 

18365 livered to them at the first cost of the goods in Saint Louis, free 

18366 of transportation. 

18367 Article 4. The United States, immediately upon the rati- 

18368 fieation of this convention, or as soon thereafter as may be, 

18369 shall cause to be furnished to the Kansas Nation three hundred 

18370 head of cattle, three hundred hogs, five hundred domestic fowls, 

18371 three yoke of oxen, and two carts, with such implements of 

18372 agriculture as the superintendant of Indian affairs may think 

18373 necessary ; and shall employ such persons to aid and instruct 

18374 them in their agriculture, as the President of the United States 

18375 may deem expedient ; and shall provide and support a black - 

18376 smith for them. 

18377 Article 5. Out of the lands herein ceded by the Kanzas 

18378 Nation to the United States, the commissioner aforesaid, in be- 

18379 half of the said United States, doth further covenant and agree 

18380 that thirty-six sections of good lands, on the Big Blue Eiver 

18381 shall be laid out under the direction of the President of the 

18382 United States, and sold for the purpose of raising a fund, to be 

18383 applied, under the direction of the President, to the support of 



412 



18384 schools for the education of the Kanzas children within their 

18385 nation. 

18386 Article 6. From the lauds above ceded to the United States 

18387 there shall be made the following reservations, of one mile 

18388 square, for each of the half-breeds of the Kanzas Nation, viz : 
13389 For Adel and Clement, the two children of Clement ; for Josette, 

18390 Julie, Pelagie, and Yictorie, the four children of Louis Gonvil j 

18391 for Marie and LafLeche, the two children of Baptiste of Gonvil; 

18392 for Laventure, the son of Francis Laventure 5 for Elizabeth and 

18393 Pierre Carbonau, the children of Pierre Brisa ; for Louis Jon- 
18391 cas ; for Basil Joncas 5 for James Joncas ; for Elizabeth Datche- 

18395 rute, daughter of Baptiste Datcherute ; for Joseph Butler ; for 

18396 William Kodgers ; for Joseph Cote 5 for the four children ot 

18397 Cicili Compare, each one mile square ; and one for Joseph James, 

18398 to be located on the north side of the Kanzas River, iu the order 

18399 above named, commencing at the line of the Kanzas reserva- 

18100 tion, and extending down the Kanzas River for quantity. 

18101 Article 7. With the view of quieting all animosities which 

18102 may at present exist betwen a part of the white citizens of Mis- 
18403 souri and the Kanzas Nation, in consequence of the lawless dep- 
18104 redations of the latter, the "United States do further agree to 

18405 pay to their owm citizens the full value of such property as they 

18406 can legally prove to have been stolen or destroyed since the 

18407 year 1815 : Provided, The sum so to be paid by the United States 

18408 shall not exceed the sum of three thousand dollars. 

18409 Article 8. And whereas the Kanzas are indebted to Fran- 
18110 cis G. Choteau, for credits given them in trade, which they are 

18411 unable to pay, and which they have particularly requested to 

18412 have included and settled in the present treaty ; it is, therefore, 

18413 agreed on, by and between the parties to these presents, that the 

18414 sum of five hundred dollars, towards the liquidation of said 

18415 debt, shall be paid by the United States to the said Francis G. 

18416 Choteau. 

18417 Article 9. There shall be selected at this place such mer- 

18418 chandize as may be desired, amounting to two thousand dollars, 

18419 to be delivered at the Kanzas River, with as little delay as pos- 

18420 sible ; and there shall be paid to the deputation now here two 

18421 thousand dollars in merchandize and horses, the receipt of which 

18422 is hereby acknowledged ; which, together with the amount agreed 

18423 on in the 3d and 4th articles, and the provisions made in the 

18424 other articles of this treaty, shall be considered as a full compen- 

18425 sation for the cession herein made. 

18426 Article 10. Lest the friendship which is now established 

18427 between the United States and the said Indian nation should 

18428 be interrupted by the misconduct of individuals, it is hereby 

18429 agreed, that for injuries done by individuals, no private revenge 



413 



18430 or retaliation shall take place, but instead thereof complaints 

18431 shall be made by the party injured to the other, by the said na- 

18432 tion, to the superintendent, or other person appointed by the 

18433 President to the chiefs of said nation. And it shall be the duty 

18434 of the said chiefs, upon complaints being made as aforesaid, to 

18435 deliver up the person or persons against whom the complaint is 

18436 made, to the end that he or they may be punished, agreeably to 

18437 the laws of the State or Territory where the offence may have 

18438 been committed; and in like manner, if any robbery, violence, 

18439 or murder, shall be committed on any Indian or Indians belong- 

18440 ing to said nation, the person or persons so offending shall be 

18441 tried, and, if found guilty, shall be punished in like manner as 

18442 if the injury had been done to a white man. And it is agreed 

18443 that the chiefs of the Kanzas shall, to the utmost of their power, 

18444 exert themselves to recover horses or other property which may 

18445 be stolen from any citizen or citizens of the United States, by 

18446 any individual or individuals of the nation : and the property 

18447 so recovered shall be forthwith delivered to the superintendent, 

18448 or other person authorized to receive it, that it may be restored 

18449 to its proper owner ; and in cases where the exertions of the 

18450 chiefs shall be ineffectual in recovering the property stolen as 

18451 aforesaid, if sufficient proof can be adduced that such property 

18452 was actually stolen, by any Indian or Indians belonging to the 

18453 said nation, the superintendent or other officer may deduct from 

18454 the annuity of the said nation a sum equal to the value of the 

18455 property which has been stolen. And the United States hereby 

18456 guarantee, to any Indian or Indians, a full indemnification for 

18457 any horses or other property which may be stolen from them by 

18458 any of their citizens: Provided, That the property so stolen 

18459 cannot be recovered, and that sufficient proof is produced that 

18460 it was actually stolen by a citizen of the United States. And 

18461 the said nation of Kanzas engage, on the requisition or demand 

18462 of the President of the United States, or of the superintendent. 

18463 to deliver up any white man resident amongst them. 

18464 Article 11. It is further agreed on, by and between the 

18465 parties to these presents, that the United States shall forever 

18466 enjoy the right to navigate freely all water-courses or navi- 

18467 gable streams within the limits of the tract of country herein 

18468 reserved to the Kanzas Nation ; and that the said Kanzas Xation 
13469 shall never sell, relinquish, or in any manner dispose of the 

18470 lands herein reserved, to any other nation, person or persons 

18471 whatever, without the permission of the United States for that 

18472 purpose first had and obtained. And shall ever remain under 

18473 the protection of the United States, and in friendship with them. 

18474 Article 12. This treaty shall take effect, and be obligatory 

18475 on the contracting parties, as soon as the same shall be ratified 



414 



18476 by the President, by and with the consent and advice of the 

18477 Senate of the United States. 

18478 Proclaimed December 30, 1825. 

18179 Whereas the Congress of the United States of America 

18180 beiag anxious to promote a direct commercial and friendly inter - 

18481 course between the citizens of the United States and those of the 

18482 Mexican republic, and to afford protection to the same, did, at 

18483 their last session, pass an act, which was approved the 3d March, 

18484 1825, "to authorize the President of the United States to cause 

18485 a road to be marked out from the western frontier of Missouri 

18486 to the confines of New Mexico," and which authorizes the Pres- 

18487 ident of the United States to appoint commissioners to carry 

18488 said act of Congress into effect, and enjoins on the commission- 

18489 ers, so to be appointed, that they first obtain the consent of the 

18490 intervening tribes of Indians, by treaty, to the marking of said 

18491 road and to the unmolested use thereof to the citizens of the 

18492 United States and of the Mexican republic ; and Benjamin H. 

18493 Peeves, Geo. C. Sibley, and Thomas Mather, being duly ap- 

18494 j)ointed commissioners as aforesaid, and being duly and fully 

18495 authorized, have this day met the chiefs and head-men of the 

18496 Kansas tribe of Indians, who, being all duly autherized, to meet 

18497 and negotiate with the said commissioners upon the premises, 

18498 and being specially met for that purpose, by the invitation of 

18499 said commissioners, on the Sora Kansas Creek, two hundred 

18500 and thirty-eight miles south westwardly from Fort Osage, have, 

18501 after due deliberation and consultation, agreed to the following 

18502 treaty, which is to be considered binding on said Kansas Indi- 

18503 ans, from and after this day : 

18504 Article 1. The chiefs and head-men of the Kansas Nation, 

18505 or tribe of Indians, for themselves and their nation, do consent 

18506 and agree that the commissioners of the United States shall 

18507 and may survey and mark out a road, in such a manner as they 

18508 may think proper, through any of the territory owned or claimed 

18509 by the said Kansas tribe or nation of Indians. 

18510 Article 2. The chiefs and head-men, as aforesaid, do 

18511 further agree that the road authorized in article 1 shall, when 

18512 marked, be forever free for the use of the citizens of the United 

18513 States and of the Mexican republic, who shall at all times pass 

18514 and repass thereon, without any hindrance or molestation on 

18515 the part of the said Kansas Indians. 

18516 Article 3. The chiefs and head men as aforesaid, in con- 

18517 si deration of the friendly relations existing between them and 

18518 the United States, do further promise, for themselves and their 

18519 people, that they will, on all fit occasions, render such friendly 

18520 aid and assistance as may be in their power to any of the citi- 



415 



18521 zeiis of the United States, or of the Mexican Republic, as fchey 

18522 may at any time happen to meet or fall in with on the road 

18523 aforesaid. 

18521 Article 4. The chiefs and head-men, as aforesaid, do 

18225 further consent and agree that the road aforesaid shall be con- 

1852G sidered as extending to a reasonable distance on either side, so 

18527 that travellers thereon may, at any time, leave the market track. 

18528 for the purpose of finding subsistence and proper camping- 

18529 places. 

18530 Article 5. In consideration of the privileges granted by 

18531 the chiefs of Kansas tribe in the three preceding articles, the 

18532 said commissioners, on the part of the United States, have 

18533 agreed to pay to them, the said chiefs, for themselves and their 
18531 people, the sum of five hundred dollars; which smn is to be 

18535 paid them as soon as may be, in money or merchandize, at their 

18536 option, at such places as they may desire. 

18537 Article 6. And the said chiefs and head men, as aforesaid, 

18538 acknowledge to have received from the commissioners aforesaid, 

18539 at and before the signing of this treaty, articles of merchandize 

18510 to the value of three hundred dollars ; which sum of three hun- 

18511 dred dollars, and the payment stipulated to be made to the said 

18512 Kansas in article 5, shall be considered, and are so considered 

18513 by said chiefs, as full and complete compensation for every 
18511 priviledge herein granted by said cheifs. 

18515 Proclaimed May 3, 182G. 



18516 Articles of a treaty made and concluded at the Methodist Mission in 

18517 the Kansas country, between Thomas H. Harvey and Richard 

18518 TT. Cummins, commissioners of the United States and the Kan- 

18519 sas tribe of Indians. 

18550 Article 1. The Kansas tribe of Indians cede to the United 

18551 States two millions of acres of land on the east part of their 

18552 country, embracing the entire width, thirty miles, and running 

18553 west for quantity. 

18551 Article 2. In consideration of the foregoing cession, the 

18555 United States agree to pay to the Kansas Indians two hundred 

18556 and two thousand dollars, two hundred thousand of which shall 

18557 be funded at five per cent., the interest of which to be paid an- 

18558 nually for thirty years, and thereafter to be diminished and paid 

18559 pro rata, should their numbers decrease, but not otherwise — that 

18560 is : the Government of the United States shall pay them the 

18561 full interest for thirty years on the amount funded, and at the 

18562 end of that time, should the Kansas tribe be less than at the first 

18563 payment, they are only to receive pro rata the sums paid them 
18561 at the first annuity payment. One thousand dollars of the in- 



416 



1S565 terest thus accruing shall be applied annually to the purposes 

IS06G of education in their own country ; one thousand dollars annir 

18567 ally for agricultural assistance, implements, &c. ; but should the 

185GS Kansas Indians at any time be so far advanced in agriculture 

18569 as to render the expenditure for agricultural assistance unneces- 

18570 sary, then the one thousand dollars above provided for that pur- 

18571 pose shall be paid them in money with the balance of their an- 

18572 nuity ; the balance, eight thousand dollars, shall be paid them 

18573 annually in their own country. The two thousand dollars not 
JS574 to be funded shall be expended in the following manner : first, 

18575 the necessary expenses in negotiating this treaty ; second, four 

18576 hundred dollars shall be paid to the Missionary Society of the 

18577 Methodist Episcopal Church for their improvements on the land 

18578 ceded in the first article ; third, six hundred dollars shall be ap- 

18579 plied to the erection of a mill iu the country in which the Kan- 

18580 sas shall settle for their use, it being in consideration of their 

18581 mill on the land ceded in the first article. The balance to be 

18582 placed in the hands of their agent, as soon after the ratification 

18583 of this treaty as practicable, for the purpose of furnishing the 
18581 said Kansas Indians with provisions for the present year. 

18585 Article 3. In order that the Kansas Iudians may know 

18586 the west line of the laud which they have ceded by this treaty, 

18587 it is agreed that the United States shall, as soon as may be 

18588 convenient in the present year, cause the said line to be ascer. 

18589 tained and marked by competent surveyors. 

18590 Article 1. The Kansas Indians are to move from the lands 

18591 ceded to the United States, by the first article of this treaty, by 

18592 the first day of May, 1847. 

18593 Article 5. As doubts exist whether there is a sufficiency of 

18594 timber on the land remaining to the Kansas, after taking off the 

18595 land ceded in the first article of this treaty, it is agreed by the 

18596 contracting parties that after the western line of the said ces- 

18597 sion shall be ascertained, [and] the President of the United 

18598 States shall be satisfied that there is not a sufficiency of timber, 

18599 he shall cause to be selected and laid off for the Kansas a suita- 

18600 able country, near the western boundary of the land ceded by 

18601 this treaty, which shall remain for their use forever. In consid- 

18602 eration of which the Kansas nation cede to the United States 

18603 the balance of the reservation under the treaty of June 3, 1825, 

18604 and not ceded in the first article of this treaty. 

18605 Article 6. In consideration of the great distance which 

18606 the Kansas Indians will be removed from the white settlements 

18607 and their present agent, and their exposure to difficulties with 

18608 other Iudian tribes, it is agreed that the United States shall 

18609 cause to reside among the Kansas Indians a sub-agent, who 

18610 shall be especially charged with the direction of their farming 



417 



18611 operations and geueral improvement, and to be continued as 

18612 long as the President of the United States should consider it 

18613 advantageous to the Kansas. 

18614 Article 7. Should the Government of the United States 

18615 be of opinion that the Kansas Indians are not entitled to a 

18616 smith under the fourth article of the treaty of June 3, 1825, 

18617 it is agreed that a smith shall be supported out of the one thou- 

18618 sand dollars provided in the fourth article for agricultural pur- 

18619 poses. 

18620 Proclaimed April 15, 1846, 

18621 Treaty between the United States of America and the Kansas tribe 

18622 of Indians, concluded October 5, 1859, ratified by the Senate 
18023 June 27, 1860. 

18624 James Buchanan, President of the United States of America, 

18625 to all and singular to whom these presents shall come, greet- 

18626 ing: 

18627 Whereas a treaty was made and concluded at the Kansas 

18628 agency, in the Territory of Kansas, on the fifth day of October, 

18629 eighteen hundred and fifty-nine, by and between Alfred B. Green- 

18630 wood, commissioner on the part of the United States, and the 

18631 hereinafter-named chiefs and head-men, representing the Kansas 

18632 tribe of Indians, being duly authorized by said tribe, which 

18633 treaty is in the words and figures following, to wit: 

18634 Articles of agreement and convention made and concluded at 

18635 the Kansas agency, in the Territory of Kansas, on the fifth 

18636 day of October, eighteen hundred aud fifty-nine, by and 

18637 between Alfred B. Greenwood, commissioner on the part of 

18638 the United States, and the following-named chiefs and head- 

18639 men, representing the Kansas tribe of Indians, to wit: Ke- 

18640 hi-ga-wah Ohuffe, Ish-tal-a-sa, Ke-hoo ja-in-gah, Ki-hi-ga- 

18641 wat-te-iu-gah, Ki-he-gah-cha, Al-li ca-wah-ho, Pah-hous-ga- 

18642 tun-gah, Ke-hah-lah-la-hu, Ki-ha-gah-chu, Ee-le-sun-gah, 

18643 Wah-pah-jah, Ko sah-mun-gee, Oo-ga-shama, Wah-Shumga, 

18644 Wah-ti-inga, Wah-e la-ga, Pa-ha-ne-ga-la, Pa-ta go, Cahulle, 

18645 Ma-she-tum, Wa-no-ba-ga-ha, She-ga-wa-sa, Ma-his-pa-wa- 

18646 cha, Ma-shon-o-pusha, Ja-ha-sha-watanga, Ki-he-ga-tussa, 

18647 and Ka-la-sha-wat-lumga, they being thereto duly authorized 

18648 by said tribe. 

18649 Article 1. The Kausas Indians having now more lands 

18650 than are necessary for their occupation and use, and being 

18651 desirous of promoting settled habits of industry amongst them- 

18652 selves by abolishing the tenure in common by which they now 

18653 hold their lands, and by assigning limited quantities thereof in 

53 I T 



418 



18654 severalty to the members of their tribe owning an interest iri 

18655 their present reservation, to be cultivated and improved for their 

18656 individual use and benefit, it is agreed and stipulated that that 

18657 portion of their reservation commencing at the southwest corner 

18658 of said reservation, thence north with the west boundary nine 

18659 miles, thence east fourteen miles, thence south nine-miles, thence 

18660 west with the south boundary fourteen miles to the place of 

18661 beginning, shall be set apart and retained by them for said pur- 
1S662 poses ; and that out of the same there shall be assigned to each 
18663 head of a family not exceeding forty acres, and to each member 
18661 thereof not exceeding forty acres, and to each single male per- 
18Q65 son of the age of twenty-one years and upwards not exceeding 

forty acres of land, to include in every case, as far as practicable, 

18667 a reasonable proportion of timber. One hundred and sixty acres 

18668 of said retained lands, in a suitable locality, shall also be set 

18669 apart and appropriated to the occupancy and use of the agency 

18670 of said Indians, and one hundred and sixty acres of said lands 

18671 shall also be reserved for the establishment of a school for the 

18672 education of the youth of the tribe. 

18673 Article 2. The lands to be so assigned, including those for 

18674 the use of the agency, and those reserved for school purposes, shall 

1867 5 be in as regular and compact a body as possible, and so as to admit 

18676 of a distinct and well-defined exterior boundary, embracing the 

18677 whole of them, and any intermedaite portions or parcels of land 

18678 or water not included in or made part of the tracts assigned in 

18679 severalty. Any such intermediate parcels of land and water 

18680 shall be owned by the Kansas tribe of Indians in common; but 

18681 in case of increase in the tribe, or other cause rendering it neces- 

18682 sary or expedient, the said intermediate parcels of land shall be 

18683 subject to distribution and assignment in such manner as the 

18684 Secretary of the Interior shall prescribe and direct. The whole 

18685 of the lands assigned or unassigned in severalty, embraced with- 

18686 in the said exterior boundary, shall constitute and be known as 

18687 the Kansas reservation, within and over which all laws passed, 

18688 or which may be passed by Congress, regulating trade and inter- 

18689 course with the Indian tribes, shall have full force and effect. 

18690 And no white person, except such as shall be in the employment 

18691 of the United States, shall be allowed to reside or go upon any 

18692 portion of said reservation without the written permission of 

18693 the superintendent of Indian affairs, or of the agent for the 

18694 tribe. 

18695 Article 3. Said division and assignment of lands to the 

18696 Kansas tribe of Indians in severalty shall be made under the 

18697 direction of the Secretary of the Interior, and when approved 

18698 by him shall be final and conclusive. Certificates shall be is- 

18699 sued by the Commissioner of Indian Affairs for the tracts so 



419 



18700 assigned, specifying the names of the individuals to whom they 

18701 have been assigned respectively, and that they are for the ex- 

18702 elusive use and benefit of themselves, their heirs and descend - 

18703 ants, and said tracts shall not be alienated in fee, leased, or 
18701 otherwise disposed of, except to the United States or to other 

18705 members of the tribe, under such rules and regulations as may 

18706 be prescribed by the Secretary of the Interior ; and they shall 

18707 be exempt from taxation, levy, sale, or forfeiture, until other- 

18708 wise provided by Congress. Prior to the issue of said certifi- 

18709 cates, the Secretary of the Interior shall make such rules and 

18710 regulations as he may deem necessary and expedient respecting 

18711 the disposition of any of said tracts, in case of the death of the 

18712 person or persons to whom they may be assigned, so that the 

18713 same shall be secured to the families of such deceased persons ; 

18714 and should any of the Indians to whom tracts shall be assigned 

18715 abandon them, the said Secretary may take such action in re- 

18716 lation to the proper disposition thereof as in his judgment may 

18717 be necessary and proper. 

18718 Article 4. For the purpose of procuring the means of 

18719 comfortably establishing the Kansas tribe of Indians upon the 

18720 lands to be assigned to them in severalty, by building them 

18721 houses, and by furnishing them with agricultural implements, 

18722 stock animals, and other necessary aid aud facilities for com- 

18723 mencing agricultural pursuits under favorable circumstances, 
18721 the lands embraced in that portion not stipulated to be retained 

18725 and divided as aforesaid shall be sold, under the direction of 

18726 the Secretary of the Interior, in parcels not exceeding one hun- 

18727 dred and sixty acres each, to the highest bidder for cash, the 

18728 sale to be made upon sealed proposals to be duly invited by pub- 

18729 lie advertisement, and should any of the tracts so to be so sold 

18730 have upon them improvements of any kind, which were made 

18731 by or for the Indians, or for Government purposes, the proposals 

18732 therefor must state the price for both the land and improve- 

18733 ments, and if, after assigning to all the members of the tribe en- 
18731 titled thereto their proportions in severalty, there shall remain a 

18735 surplus of that portion of the reservation retained for that purpose, 

18736 outside of the exterior boundary-line of the lands assigned in 

18737 severalty, the Secretary of the Interior shall be authorized and em- 

18738 powered, w henever he shall think proper, to cause such surplus to 

18739 be sold in the same manner as the other lands to be so disposed of, 

18710 and the proceeds thereof to be expended for their benefit in such 

18711 manner as the Secretary of the Interior may deem proper: 

18742 Provided , That all those who had in good faith settled and made 

18743 improvements upon said reservation prior to the second day of 

18744 December, eighteen hundred and fifty-six, (that being the day 

18745 when the survey was certified by the agent of the tribe,) and 



420 



18746 who would ha ve been entitled to enter their improvements under 

18747 any general or special pre eruption law, (had their improvements 

18718 not fallen within the reservation,) such settlers shall be permitted 

18719 to enter their improvements at the sum of one dollar and seventy- 

18750 five cents per acre in cash, said entries to be made in legal sub- 

18751 divisions and in such quantities as the pre-emption laws under 

18752 which they may claim entitle them to locate ; payments to be made 

18753 on or before a day to be named by the Secretary of the Interior : 

18754 And provided further^ That all those who had in good faith set- 

18755 tied upon that portion of the reservation retained by this treaty 

18756 for the future homes of the Kansas tribe of Indians, and had 

18757 made bona-fide improvements thereon prior to the second day of 

18758 December, eighteen hundred and fifty-sis, aforesaid, and who 

18759 would have been entitled to enter their lands, under the general 

18760 pre-emption law, at one dollar and twenty-five cents per acre, 

18761 had their improvements not fallen upon the reservation, such 

18762 settlers shall be entitled to receive a fair compensation for their 

18763 improvements, to be ascertained by the Commissioner of Indian 

18764 Affair s, under the direction of the Secretary of the Interior ; 

18765 such compensation to be paid out of the proceeds of the lands 
1S766 sold in trust for said tribe of Indians. All questions growing 

18767 out of this amendment, and rights claimed in consequence 

18768 thereof, shall be determined by the Commissioner of Indian Af- 

18769 fairs, to be approved by the Secretary of the Interior. And in 

18770 all cases where licensed traders^ or others lawfully there, may 

18771 have made improvements upon said reservation, the Secre- 

18772 tary of the Interior shall have power to adjust the claims of 

18773 each upon fair and equitable terms, they paying a fair value for 

18774 the lands awarded to such persons, and shall cause patents to 

18775 issue in pursuance of such award. 

18776 Article 5. The Kansas tribe of Indians being anxious to 

18777 relieve themselves from the burden of their present liabilities, 

18778 and it being very essential to their welfare that they shall be 

18779 enabled to commence their new mode of life and pursuits free 

18780 from the annoyance and embarrassment thereof, or which may be 

18781 occasioned thereby, it is agreed that the same shall be liquidated 

18782 and paid out of the fund arising from the sale of their surplus 

18783 lands so far as found valid and just, (if they have the means,) 

18784 on an examination thereof, to be made by their agent and the 

18785 superintendent of Indian affairs for the central superintendency, 

18786 subject to revision and confirmation by the Secretary of the 

18787 Interior. 

18788 Article 6. Should the proceeds of the surplus lands of the 

18789 Kansas tribe of Indians not prove to be sufficient to carry out 

18790 the purposes and stipulations of this agreement, and some fur- 

18791 ther aid be necessary, from time to time, to enable said Indians 



421 



18792 to sustain themselves successfully iu agricultural and other in- 

18793 dustrial pursuits, such additional means may be taken, so far as 
18791 may be necessary, from the moneys due and belonging to them 

18795 under the provisions of former treaties, and so much thereof as 

18796 may be required to furnish further aid as aforesaid shall be ap- 

18797 plied in such manner, under the direction of the Secretary of the 
1879S Interior, as he shall consider best calculated to promote and ad- 

18799 vance their improvement and welfare. 

18800 Article 7. In order to render unnecessary any further 

18801 treaty engagements or arrangements hereafter with the United 

18802 States, it is hereby agreed and stipulated that the President. 

18803 with the assent of Congress, shall have full power to modify or 
18801 change any of the provisions of former treaties with the Kansas 

18805 tribe of Indians in such manner and to whatever extent he may 

18806 judge to be necessary and expedient for their welfare and best 

18807 interest 

18808 Article 8. All the expenses connected with aud incident 

18809 to the making of this agreement, and the carrying out its pro- 

18810 visions, shall be defrayed out of the funds of the Kansas tribe 

18811 of Indians. 

18812 Article 9. The Kansas tribe of Indians being desirous of 

18813 manifesting their good- will towards the children of their half- 
18811 breed relatives now residing upon the half-breed tract on the 
18815 north side of the Kansas River, agree that out of the tract re- 
18S16 tained by this agreement there shall also be assigned, in sever- 

18817 alty, to the eight children of Julia Pappan forty acres each, to 

18818 the three children of Adel Bellmard, to the four children of Ja- 

18819 sette Gouville, to the child of Lewis Pappan, to the four chil- 
18S20 dren of Pelagia Obrey, to the child of Acaw Pappan, to the 

18821 two children of Victoria Pappan, to the two children of Eliza- 

18822 beth Carboneau, to the child of Victoria Williams, to the child 

18823 of Joseph Butler, to the child of Joseph James, to the two chil- 

18824 dren of Pelagia Pushal, Frank James, and Batest Gouville, 

18825 forty acres each, but the land so to be assigned under this article 

18826 shall not be alienated in fee, leased, or otherwise disposed of, 

18827 except to the United States, or to other members of the tribe. 

18828 under such regulations as may be prescribed by the Secretary 

18829 of [the] Interior. 

18830 Article 10. It is agreed that all roads and highways laid 

18831 out by authority of law shall have right of way through the 

18832 lands within the reservation hereinbefore specified, on the same 

18833 terms as are provided by law when roads and highways are 
18831 made through lands of citizens of the United States ) and rail- 

18835 road companies, when the lines pass through the lands of said 

18836 Indians, shall have right of way on the payment of a just com* 

18837 pensation therefor in money, 



422 



1S838 Article 11. This instrument shall be obligatory on the 

18839 contracting parties whenever the same shall be ratified by the 

18810 President and Senate of the United States. 

18841 Proclaimed November 17, 1860. 

18842 Treaty between the United States of America and the Kansas tribe 

18843 of Indians, concluded at the Kansas agency, in Kansas, March 

18844 13, 1862 • ratified, with amendment, February 6, 1863 ; amend- 

18845 ment assented to February 26, 1863. 

18S46 By the President of the United States of America. 

18847 A PROCLAMATION. 

18848 To all and singular to whom these presents shall come, greeting: 

18849 Whereas a treaty was made and concluded at the Kansas 

18850 agency, in the State of Kansas, on the thirteenth day of March, 

18851 in the year of our Lord eighteen hundred and sixty-two, by and 
1SS52 between H. W. Farasworth, commissioner on the part of the 

18853 United States, and the hereinafter >narned chiefs and head-men 

18854 of the Kansas tribe of Indians, representing said Indians and 

18855 duly authorized thereto by them, which treaty is in the words 

18856 and figures following, to wit ; 

18857 Whereas a treaty was made and concluded at the Kansas 

18858 agency in the then Territory, but now State, of Kansas, on the 

18859 fifth day of October, A. D. 1859, by and between Alfred B. 

18860 Greenwood, commissioner on the part of the United States, and 

18861 the chiefs and head»men represen ting the Kansas tribe of Indians, 

18862 and authorized by said tribe for that purpose ; which treaty, 

18863 after having been submitted to the Senate of the United States 

18864 for its constitutional action thereon, was duly accepted, ratified, 
1SSQ5 and confirmed by the President of the United States, on the 

seventeenth day of November, A. D. 1860, with an amendment 

18867 to the fourth article thereof, which amendment, first proposed 

18868 and made by the Senate on the twenty-seventh day of June, A. 

18869 D. 1860, was afterwards agreed to and ratified by the aforesaid 

18870 chiefs and head-men of the Kansas tribe of Indians on the fourth 

18871 day of October of the same year: 

18872 Now, therefore, it is further agreed and concluded on this 

18873 thirteenth day of March, A. D. 1862, by and between H. W. 

18874 Farnsworth, a commissioner on the part of the United States, 

18875 and the said Kansas tribe of Indians, by their authorized repre- 
38876 sentatives, the chiefs and head-men thereof, to wit : 

18877 Article 1. That the said treaty and the amendment thereof 

18878 be further amended so as to provide that a fair and reasonable 

18879 value of the improvements made by persons who settled on the 



423 



18880 diminished reserve of said Kansas Indians between the second 

18881 day of December, A. D. 1856, and the fifth day of October, A. 
18S82 D. 1859, shall be ascertained by the Secretary of the Interior, 
18883 and certificates of indebtedness by said tribe shall be issued by 
18881 him to each of such persons for an amount equal to the appraise- 

18885 ment of his or her improvements, as aforesaid; and that like 

18886 certificates shall be issued to the class of persons who settled 

18887 on said diminished reservation prior to the second day of De- 

18888 cember, A. D. 1856, for the amounts of the respective claims as 

18889 provided for and ascertained under the provisions of the amend- 

18890 ment of said treaty ; and that like certificates be issued to the 

18891 owners of the same for the amounts of claims which have been 

18892 examined and approved by the agent and superintendent, and 

18893 revised and confirmed by the Secretary of the Interior, under 
18891 the provisions of the 5 th article of said treaty, and that all such 

18895 certificates shall be receivable as cash, to the amount for which 

18896 they may be issued, in payment for lands purchased or entered 

18897 on that part of the first assigned reservation outside of said 

18898 diminished reservation, or of any part of the diminished reser- 

18899 vation that may hereafter be offered for sale, or may be redeemed 

18900 and paid out of the proceeds of sales of lands when such pro- 

18901 ceeds have not theretofore been made applicable to other pur- 

18902 poses named in said treaty. 

18903 Article 2. The Kansas tribe of Indians,, being desirous of 

18904 making a suitable expression of the obligations the said tribe 

18905 are under to Thomas S. Huffaker, for the many services rendered 

18906 by said Huffaker as missionary, teacher, and friendly counsellor 

18907 of said tribe of Indians, hereby authorize and request the Sec- 

18908 retary of the Interior to convey to the said Thomas S. Huffaker 

18909 the half-section of land on which he has resided and improved 

18910 and cultivated since the year A. D. 1851, it being the south half 

18911 of section eleven, (11,) in township numbered sixteen (16) south, 

18912 range numbered eight (8) east, of the sixth principal meridian 

18913 Kansas. 

18911 Proclaimed February 6, 1863. 



18915 KASKASKIAS. 

18916 A treaty between the United States of America and the Kashaslia 

18917 tribe of Indians. 

18918 Articles of a treaty made at Yincennes, in the Indiana Territory, 

18919 between William Henry Harrison, governor of the said Terri - 

18920 tory, superintendent of Indian affairs and commissioner pleni- 

18921 potentiary of the United States for concluding any treaty or 



424 



18922 treaties which may be found necessary with any of the 

18923 Indian tribes northwest of the river Ohio, of the one part, 

18924 and the head chiefs and warriors of the Kaskaskia tribe of 

18925 Indians, so called, but which tribe is the remains and right- 

18926 fully represent all the tribes of the Illinois Indians, origin 

18927 nally called the Kaskaskia, Mitchigamia, Cahokia, and 

18928 Tamaroi, of the other part : 

18929 Article 1. Whereas, from a variety of unfortunate circum- 

18930 stances, the several tribes of Illinois Indians are reduced to a 

18931 very small number, the remains of which have been long con- 

18932 solidated and known by the name of the Kaskaskia tribe, and 

18933 finding themselves unable to occupy the extensive tract of 

18934 country which of right belongs to them and which was possessed 

18935 by their ancestors for many generations, the chiefs and warriors 

18936 of the said tribe being also desirous of procuring the means of im- 

18937 provement in the arts of civilized life, and a more certain and 

18938 effectual support for their women and children, have, for the 

18939 considerations hereinafter mentioned, relinquished, and by these 

18940 presents do relinquish and cede to the United States, all the lands 

18941 in the Illinois country which the said tribe has heretofore pos- 

18942 sessed, or which they may rightfully claim, reserving to them- 

18943 selves, however, the tract of about three hundred and fifty acres 

18944 near the town of Kaskaskia, which they have always held and 

18945 which was secured to them by the act of Congress of the third 

18946 day of March, one thousand seven hundred and ninety-one, and 

18947 also the right of locating one other tract of twelve hundred and 

18948 eighty acres within the bounds of that now ceded, which two 

18949 tracts of land shall remain to them forever. 

18950 Article 2. The United States will take the Kaskaskia 

18951 tribe under their immediate care and patronage, and will afford 

18952 them a protection as effectual against the other Indian tribes 

18953 and against all other persons whatever as is enjoyed by their 

18954 own citizens. And the said Kaskaskia tribe do hereby engage 

18955 to refrain from making war or giving any insult or offence to 

18956 any other Indian tribe or to any foreign nation, without having 

18957 first obtained the approbation and consent of the United States. 

18958 Article 3. The annuity heretofore given by the United 

18959 States to the said tribe shall be increased to one thousand dob 

18960 lars, which is to be paid to them either in money, merchandize, 

18961 provisions, or domestic animals, at the option of the said tribe; 

18962 and when the said annuity or any part thereof is paid in mer- 

18963 chandize, it is to be delivered to them either at Yincennes, Fort 

18964 Massac, or Kaskaskia, and the first cost of the goods in the sea- 

18965 port where they may be procured is alone to be charged to the 

18966 said tribe free from the cost of transportation, or any other con- 



425 



18967 tingent expence. Whenever the said tribe may choose to rect i ve 

18968 money, provisions, or domestic animals for the whole or in part 

18969 of the said annuity, the same shall be delivered at the town of 

18970 Kaskaskia. The United States will also cause to be built a 

18971 house suitable for the accommodation of the chief of the said 

18972 tribe, and will enclose for their use a field not exceeding one 

18973 hundred acres with a good and sufficient fence. And whereas 
18971 the greater part of the said tribe have been baptised and re- 

18975 ceived into the Catholic church, to which they are much attached, 

18976 the United States will give annually, for seven years, one huudred 

18977 dollars towards the support of a priest of that religion, who will 

18978 engage to perform for the said tribe the duties of his office, and 

18979 also to instruct as many of their children as possible in the 

18980 rudiments of literature. And the United States will further 

18981 give the sum of three hundred dollars to assist the said tribe in 

18982 the erection of a church. The stipulations made in this and the 

18983 preceding article, together with the sum of five hundred aud 
18981 eighty dollars, which is now paid or assured to be paid for the 

18985 said tribe for the purpose of procuring some necessary articles, 

18986 and to relieve them from debts which they have heretofore con- 

18987 tracted, is considered as a full and ample compensation for the 

18988 relinquishment made to the United States in the first article. 

18989 Article 4. The United States reserve to themselves the 

18990 right at any future period of dividing the annuity now promised 

18991 to the said tribe amongst the several families thereof, reserving 

18992 always a suitable sum for the great chief and his family. 

18993 Article 5. And to the end that the United States may be 
18991 enabled to fix with the other Indian tribes a boundary between 

18995 their respective claims, the chiefs and head- warriors of the said 

18996 Kaskaskia tribe do hereby declare that their rightful claim is as 

18997 follows, viz: Beginning at the confluence of the Ohio and the 

18998 Mississippi ; thence up the Ohio to the mouth of the Saline 

18999 Creek, about twelve miles below the mouth of the Wabash ; 

19000 thence along the dividing ridge between the said creek and the 

19001 Wabash until it comes to the general dividing ridge between the 

19002 waters which fall into the Wabash and those which fall into the 

19003 Kaskaskia river ; and thence along the said ridge until it reaches 
19001 the waters which fall into the Illinois River ; thence in a direct 

19005 course to the mouth of the Illinois River ; and thence down the 

19006 Mississippi to the beginning. 

19007 Article 6. As long as the lands which have been ceded 

19008 by this treaty shall continue to be the property of the United 

19009 States, the said tribe shall have the privilege of living and hunt- 

19010 ing upon them in the same manner that they have hitherto done. 

19011 Article 7. This treaty is to be in force and binding upon 

51 I T 



426 



19012 the said parties as soon as it shall be ratified by the President 

19013 and Senate of the United States. 

19014 Proclaimed December 23, 1803. 

19015 N. B. All claims for annuities and for damages are re- 

19016 moved by the next treaty. 

19017 KASKASKIAS, PEOKIAS, ETC. 

19018 Franklin Pierce, President of the United States of America, 

19019 to all and singular to whom these presents shall come, 

19020 greeting. 

19021 Whereas a treaty was made and concluded on the thirtieth 

19022 day of May, one thousand eight hundred and fifty-four, by 

19023 George TV". Manypenny, commissioner on the part of the United 
19021 States, and the following-named delegates of the united tribes of 

19025 Kaskaskia and Peoria, Piankeshaw and Wea Indians, viz : Kio- 

19026 kaw-mo-zan, David Lykins; Sa-wa-ne-ke-ah, or Wilson ; Sha- 

19027 cah-qua, or Andrew Chick; Ta-co-nah, or Mitchell; Che-swa-wa, 

19028 or Sogers ; and Yellow Beaver, thereto duly authorized by said 

19029 tribes : which treaty is in the words following, to wit : 

19030 Articles of agreement and convention made and concluded at 

19031 the city of .Washington, this thirtieth day of May, one 

19032 thousand eight hundred and fifty-four, by George W. 

19033 Manypenny, commissioner on the part of the United States, 

19034 and the following-named delegates representing the united 

19035 tribes of Kaskaskia and Peoria, Piankeshaw and Wea 

19036 Indians, viz : Kio-kaw-mo-zan, David Lykins ; Sa-wa-ne- 

19037 ke-ah, or Wilson ; Sha-cah-quah, or Andrew Chick; Ta-ko- 

19038 nak, or Mitchel ; Che-swa-wa, or Rogers ; and Yellow Bea- 

19039 ver, they being duly authorized thereto by the said Indians. 

19010 Article 1. The tribes of Kaskaskia and Peoria Indians, 

19011 and of Piankeshaw and Wea Indians, parties to the two treaties 

19012 made with them respectively by William Clark, Frank J. Allen, 

19013 and Xathan Kouns, commissioners on the part of the United 
19011 States, at Castor Hill, on the twenty-seventh and twenty-ninth 

19015 days of October, one thousand eight hundred and thirty-two, 

19016 having recently in joint council assembled, united themselves 

19017 into a single tribe, and having expressed a desire to be recognized 

19018 and regarded as such, the United States hereby assent to the 

19019 action of said joint council to this end, and now recognize the 

19050 delegates who sign and seal this instrument as the authorized 

19051 representatives of said consolidated tribe. 

19052 Article 2. The said Kaskaskias and Peorias, and the said 



427 



19053 Piaukeshaws and Weas, hereby cede and convey to the United 

19054 States all their right, title, and interest in and to the tracts of 

19055 country granted and assigned to them, respectively, by the 

19056 fourth article of the treaty of October twenty-seventh, and the 

19057 second article of the treaty of October twenty-ninth, one thou- 

19058 sand eight hundred and thirty-two, for a particular description 

19059 of said tracts, reference being had to said articles ; excepting 

19060 and reserving therefrom a quantity of land equal to one hundred 

19061 and sixty acres for each soul in said united tribe, according to a 

19062 schedule attached to this instrument, and ten sections additional, 

19063 to be held as the common property of the said tribe, and also the 
19061 grant to the American Indian Mission Association, hereinafter 

19065 specifically set forth. 

19066 Article 3. It is agreed that the United States shall, as 

19067 soon as it can conveniently be done, cause the lands hereby 

19068 ceded to be surveyed as the public lands are surveyed ; and, 

19069 that the individuals and heads of families shall, within ninety 

19070 days after the approval of the surveys, select the quantity of 

19071 land therefrom to which they may be respectively entitled as 

19072 specified in the second article hereof 5 and that the selections 

19073 shall be so made as to include in each case, as far as possi- 
19071 ble, the present residences and improvements of each; and 

19075 where that is not practicable, the selections shall fall on lands in 

19076 the same neighborhood 5 and if, by reason of absence or other- 

19077 wise, the above-mentioned selections shall not all be made before 

19078 the expiration of said period, the chiefs of the said united 

19079 tribe shall proceed to select lands for those in default 5 and shall 

19080 also, after completing said last-named selections, choose ten sec- 

19081 tions reserved to the tribe ; and said chiefs in the execution of 

19082 the duty hereby assigned them shall select lands lying adjacent 

19083 to or in the vicinity of those that have been previously chosen 
19081 by individuals. All selections in this article provided for shall 

19085 be made in conformity with the legal subdivisions of the Uni- 

19086 ted States lands, and shall be reported immediately in writing, 

19087 with apt descriptions of the same, to the agent for the tribe. 

19088 Patents for the lands selected *by or for individuals or families 

19089 may be issued subject to such restrictions respecting leases and 

19090 alienation as the President or Congress of the United States 

19091 may prescribe. When selections are so made or attempted to 

19092 be made as to produce injury to or controversies between indi- 

19093 viduals, which cannot be settled by the parties, the matters of 
19091 difficulty shall be investigated and decided on equitable terms 

19095 by the council of the tribe, subject to appeal to the agent, whose 

19096 decision shall be final and conclusive. 

19097 Article 1. After the aforesaid selections shall have been 

19098 made, the President shall immediately cause the residue of the 



428 



19099 ceded lands to be offered for sale at public auction, being gov- 

19100 erned in all respects in conducting such, sale by the laws of the 

19101 United States for the sale of public lands, and such of said lands 

19102 as may not be sold at public sale shall be subject to private 

19103 entry at the rnininium price of United States lands, for the term 
19101 of three years ; and should any thereafter remain unsold, Con- 

19105 gress may, by law, reduce the price from time to time, until the 

19106 whole of said lands are disposed of, proper regard being had in 

19107 making the reduction to the interests of the Indians and to the 
1910S settlement of the country. And in consideration of the cessions 

19109 hereinbefore made, the United States agree to pay to the said 

19110 Indians, as hereinafter provided, all the moneys arising from 

19111 the sales of said lands after deducting therefrom the actual cost 

19112 of surveying, managing, and selling the same. 

19113 Aeticle 5. The said united tribes appreciate the importance 
19111 and usefulness of the mission established in their country by 

19115 the board of the Americau Indian Mission Association, and 

19116 desiring that it shall continue with them, they hereby grant unto - 
J 9117 said board a tract of one section of six hundred and forty acres 
19113 of land, which they, by their chiefs, in connection with the 

19119 proper agent of the board, will select ; and it is agreed that after 

19120 the selections shall have been made, the President shall issue to 

19121 such person or persons as the aforesaid board may designate a 

19122 patent for the same. 

19123 Aeticle 6. The said Kaskaskias and Peorias, and the said 
19121 Piankeshaws and Weas, have now, by virtue of the stipulations 

19125 of former treaties, permanent annuities, amounting in all to 

19126 three thousand eight hundred dollars per annum, which they 

19127 hereby relinquish and release, and from the further payment 
19123 of which they forever absolve the United States; and they also 

19129 release and discharge the United States from all claims of dani- 

19130 ages of every kind by reason of the non-fulfilment of former 

19131 treaty stipulations, or of injuries to or losses of stock or other 

19132 property by the wrongful acts of citizens of the United States ; 

19133 and in consideration of the relinquishments and releases afore- 
19131 said, the United States agree to pay to said united tribe, under 

19135 the direction of the President, the sum of sixty- six thousand 

19136 dollars, in six annual instalments, as follows': In the month of 

19137 October, in each of the years one thousand eight hundred and 
19133 fifty-four, one thousand eight hundred and fifty-five, and one 

19139 thousand eight hundred and fifty-six, the sum of thirteen thou- 

19140 sand dollars, and in the same month in each of the years one 

19111 thousand eight hundred and fifty-seven, one thousand eight hun- 

19112 dred and fifty-eight, and one thousand eight hundred and fifty- 

19113 nine, nine thousand dollars, and also to furnish said tribe with 



429 



19144 an interpreter and a blacksmith for five years, and supply the 

19145 smith-shop with iron, steel, and tools, for a like period. 

19146 Article 7. The annual payments provided for in article i s 

19147 are designed to be expended by the Indians, chiefly in extend- 

19148 ing their farming operations, building houses, purchasing stock, 

19149 agricultural implements, and such other things as may promote 

19150 their improvement and comfort, and shall so be applied by them. 

19151 But at their request it is agreed that from each of the said 

19152 annual payments the sum of five hundred dollars shall be re- 

19153 served for the support of the aged and infirm, and the sum of 

19154 two thousand dollars shall be set off and applied to the educa- 

19155 tion of their youth; and from each of the first three there shall 
19150 also be set apart and applied the further sum of two thou- 

19157 sand dollars, to enable said Indians to settle their affairs. And as 

19158 the amount of the annual receipt from the sales of their lands 

19159 cannot now be ascertained, it is agreed that the President may, 

19160 from time to time, and upon consultation with said Indians, 

19161 determine how much of the net proceeds of said sales shall be 

19162 paid them, and how much shall be invested in safe and profita- 

19163 ble stocks, the interest to be annually paid to them, or expended 

19164 for their benefit and improvement. 

19165 Article 8. Citizens of the United States, or other persons 

19166 not members of said united tribe, shall not be permitted to make 

19167 locations or settlements in the country herein ceded until after 

19168 the selections provided for have been made by said Indians ; 

19169 and the provisions of the act of Congress approved March third, 

19170 one thousand eight hundred and seven, in relation to lands 

19171 ceded to the United States, shall, so far as the same are appli- 

19172 cable, be extended to the lands herein ceded. 

19173 Article 9. The debts of individuals of the tribe, con- 

19174 tracted in their private dealings, whether to traders or otber- 

19175 wise, shall not be paid out of the general funds. And should 

19176 any of said Indians become intemperate or abandoned, and waste 

19177 their property, the President may withhold any moneys due or 

19178 payable to such, and cause them to be paid, expended, or applied, 

19179 so as to ensure the benefit thereof to their families. 

19180 Article 10. The said Indians promise to renew their efforts 

19181 to prevent the introduction and use of ardent spirits in their 

19182 country, to encourage industry, thrift, and morality, and by 

19183 every possible means to promote their advancement in civiliza- 

19184 tion. They desire to be at peace with all men, and they bind 

19185 themselves not to commit depredation or wrong upon either In- 

19186 diaus or citizens ; and, should difficulties at any time arise, they 

19187 will abide by the laws of the United States in such cases made 

19188 and provided, as they expect to be protected aud to have their 

19189 rights vindicated by those laws. 



430 



19190 Article 11. The object of the instrument being to ad- 

19191 vance the interests of said Indians, it is agreed, if it prove 

19192 insufficient, from causes which cannot now be foreseen, to effect 

19193 these ends, that the President may, by and with the advice and 

19194 consent of the Senate, adopt such policy in the management of 

19195 their affairs as, in his judgment, may be most beneficial to them ; 

19196 or Congress may hereafter make such provisions by law as 

19197 experience shall prove to be necessary. 

19198 Article 12. It is agreed that all roads and highways, laid 

19199 out by authority of law, shall have right of way through the 

19200 lands herein ceded and reserved, on the same terms as are 

19201 provided by law, when roads and highways are made through 

19202 lands of citizens of the United States ; and railroad companies, 

19203 when the lines of their roads necessarily pass through the lands 

19204 of the said Indians, shall have right of way, on the payment of 

19205 a just compensation therefor in money. 

19208 Article 13. It is believed that all the persons and families 

19207 of the said combined tribe are included in the annexed schedule, 

19208 but should it prove otherwise, it is hereby stipulated that such 

19209 person or family shall select from the ten sections reserved as 

19210 common property the quantity due, according to the rules 

19211 hereinbefore prescribed, and the residue of said ten sections, or 

19212 all of them, as the case may be, may hereafter, on the request of 

19213 the chiefs, be sold by the President, and the proceeds applied 

19214 to the benefit of the Indians. 

19215 Article 14. This instrument shall be obligatory on the 

19216 contracting parties whenever the same shall be ratified by the 

19217 President and the Senate of the United States. 

19218 Proclaimed August 10, 1854. 



19219 Schedule of persons or families composing the united tribe of Weas, 

19220 Piankeshaws, Peorias, and KaskasMas, with the quantity of land 

19221 to he selected in each case^ as provided in the second and third 

19222 articles. 

19223 Persons or families. Males. Females. Total. of^res. 

19224 Mash-she- we lot-ta, or Joe Peoria 2 2 4 640 

19225 Marcus Lindsay 3 3 6 960 

19226 Sam Slick 5 1 6 960 

19227 Wah-ka-ko-nah, or Billy 1 0 1 160 

19228 Wah-kah-ko-se-ah 1 1 2 320 

19229 Luther Pascal 2 2 4 640 

19230 Lewis Pascal 1 1 2 320 

19231 John Pascal 1 0 1 160 

19232 Edward Black.. 3 2 5 800 

19233 Sha-cah-quah, or Andrew Chick 3 4 7 1,120 



431 



19234 


Persons or families. 


Males. 


Females. 


Total. 


Number 


19235 


Che-swa-wa, or Rodgers 


2 


4 


6 


960 


19236 


John Westley 


1 


1 


2 


320 


19237 


Ma-co-se-tah, or F. Valley 


3 


1 


4 


640 


19238 


Ma-cha-co-ine-yah, or David Lykius. . 


3 


2 


5 


800 


19239 


Sa-wa-na-ke-keah, or Wilson 


1 


2 


3 


480 


19240 




2 


0 


2 


320 


19241 




1 


3 


4 


640 


19242 


Ma-cen-sah 


1 


1 


2 


320 


19243 




3 


3 


6 


960 


19244 


John Charlv 


3 


3 


6 


960 


19245 


Bam-ba-cap-wa, or Battiste Charly. . 


2 


3 


5 


800 


19246 


Pah-to-cah 


2 


2 


4 


640 


19247 




1 


2 


3 


480 


19248 


Mah-kon-sah, junior 


2 


2 


4 


640 


19249 




3 


5 


8 


1,280 


19250 


Ma-qua-ko-non-ga, or Lewis Peckham . 


5 


2 


7 


1, 120 


19251 




2 


2 


4 


640 


19252 


Te-com-se, or Edward Dajexat 


3 


1 


4 


640 


19253 


Thomas Hedges 


1 


1 


2 


820 


19254 




0 


1 


1 


160 


19255 




0 


1 


1 


160 


19256 


Yon-za-na-ke-sa-gah 


2 


1 


3 


480 


19257 


Aw-sap-peen-qua-zah 


4 


0 


4 


640 


19258 




4 


2 


6 


960 


19259 




2 


3 


5 


800 


19260 




3 




3 


480 


19261 


Au-see-pan-nah, or Coon 


2 


1 


3 


480 


19262 




3 


3 


6 


960 


19263 




1 


o 


3 


480 


19264 




3 


1 


4 


640 


19265 






9 


2 


320 


19266 




2 


0 


2 


320 


19267 




2 


1 


3 


480 


19268 


Se-pah-ke-ah 


1 


1 


2 


320 


19269 




1 


1 


2 


320 


19270 


Kil-so-qua 


2 


2 


4 


640 


19271 


Be-zio, or Ben „ . 


1 


2 


3 


480 


19272 


Kil-son-zah 


1 


2 


3 


480 


19273 




2 


1 


3 


480 


19274 


Ke-she-kon-sah, or Wea 


1 


'> 


3 


480 


19275 


Ah-shaw-we-se-wah 


2 




2 


320 


19276 


George Clinton 


2 




2 


320 


19277 


Ke-kaw-ke-to-qua 


2 


»> 


4 


640 


19278 


Sa-saw-kaw-qua-ga, or Kain Tuck 


o 


3 


5 


800 


19279 


Wah-sah-ko-le-ah 


1 


3 


4 


640 



432 



19280 


Persons or families. 


Males. 


Females. 


Total 


.Number 
of acres. 

320 


19281 




1 


1 


2 


19282 




3 


1 


1 


640 


19283 




g 


- 


9 


320 


19281 




1 


3 


4 


640 


19285 




3 


- 


9 
O 


480 


J 9286 




'> 


- 


2 


320 


19287 




2 


- 


2 


320 


19288 




. 1 


1 


9 


320 


19289 


Pa-pee-ze-sa-wah 


. 1 


1 


2 


320 


19290 




o 


3 


5 


800 


19291 


Pe-la-she. 


1 


1 


<> 


320 


19292 




2 


o 


4 


640 


19293 


Waw-pon-ge- quah, or Mrs. Ward . . . 


3 


3 


6 


960 


19291 


Paw-saw-kaw-kaw-ruaw 




9 


2 


320 


19295 




9 


3 


5 


800 


19296 


Qua-kaw-ine -kaw-trua, or J. Cox . . . 


2 




4 


610 


19297 


Cow-we-skaw 






2 


320 


19298 


Tah-wah-qua-ke-mou-ga 


3 


1 


4 


640 



19299 KLAMATHS, ETC, 

19300 Treaty between the United States of America and the Klamath and 

19301 Moadoc tribes and Yahooskin band of Snake Indians, con- 

19302 eluded October 14, 1861; ratification advised, with amendments, 

19303 July 2, 1866. 

19304 Ulysses S. Grant, President of the United States of America, 

19305 to all and singular to whom these presents shall come, 

19306 greeting : 

19307 Whereas a treaty was made and concluded at Klamath 

19308 Lake, in the State of Oregon, on the fourteenth day of October, 

19309 in the year of our Lord one thousand eight hundred and sixty- 

19310 four, by and between J. W. Perit Huntington and William 

19311 Logan, commissiouers on the part of the United States, and La- 

19312 Lake, Chil-o-que-nas, and other chiefs and head-men of the Kla- 

19313 math tribe of Indians; Schon-chin, Stak-it-ut, and other chiefs 

19314 and head-men of the Moadoc tribe of Indians; and Kile-to-ak 

19315 and Sky-te ock-et, chiefs and head-men of the Yahooskin band 

19316 of Snake Indians, respectively, on the part of said tribes and 

19317 band of Indians, and duly authorized thereto by them, which 

19318 treaty is in the words and figures following, to wit: 

19319 Articles of agreement and convention made and concluded at 

19320 Klamath Lake, Oregon, on the fourteenth day of October, A. 



433 



19321 D. one thousand eight hundred and sixty-four, by J. W. 

19322 Perit Huntington, superintendent of Indian affairs in Ore- 

19323 gon, and William Logan, United States Indian agent for 

19324 Oregon, on the part of the United States, and the ehiefs 

19325 and head-men of the Klamath and Moadoc tribes and Yahoo- 
19320 skin band of Snake Indians, hereinafter named, to wit, 

19327 La-Lake, Ohil-o-que-nas, Kellogue, Mo-ghen-kas-kit, Blow, 

19328 Le-lu, Palmer, Jack, Que-as, Poo-sak-sult, Che-mult, No-ak- 

19329 sum, Mooch-kat-allick, Toon-tuek-tee, Boos-ki-you, Ski-a-tic, 

19330 Shol-las-loos, Ta-tet-pas, Muk-has, Herman-koos-mam, chiefs 

19331 and head-men of the Klamaths ; Schon-chin, Stak-it-ut, Keint- 

19332 poos, Chuck-e-i-ox, chiefs and head-men of the Moadocs, and 

19333 Kile-to-ak and Sky-te-ock-et, chiefs of the Yahooskin band 
19331 of Snakes. 

19335 Article 1. The tribes of Indians aforesaid cede to the 

19336 United States all their right, title, and claim to all the country 

19337 claimed by them, the same being determined by the following 

19338 boundaries, to wit : Beginning at the point where the forty- 

19339 fourth parallel of north latitude crosses the summit of the Cas- 

19340 cade Mountains ; thence following the main dividing-ridge 

19341 of said mountains in a southerly direction to the ridge which 

19342 separates the waters of Pitt and McCloud Pi vers from the 

19343 waters on the north ; thence along said dividing-ridge in an 

19344 easterly direction to the southern end of Goose Lake ; thence 

19345 northeasterly to the northern end of Harney Lake ; thence due 

19346 north to the forty-fourth parallel of north latitude ; thence west 

19347 to the place of beginning : Provided, .That the following-de- 

19348 scribed tract, within the country ceded by this treaty, shall, 

19349 until otherwise directed by the President of the United States, 

19350 be set apart as a residence for said Indians, [and] held and re- 

19351 garded as an Indian reservation, to wit : Beginning upon the 

19352 eastern shore of the middle Klamath Lake, at the Point of 

19353 Pocks, about twelve miles below the mouth of Williamson's 

19354 Eiver 5 thence following up said eastern shore to the mouth of 

19355 Wood Kiver ; thence up Wood River to a point one mile north 

19356 of the bridge at Fort Klamath ; thence due east to the summit 

19357 of the ridge which divides the upper and middle Klamath 

19358 Lakes ; thence akng said ridge to a point due east of the north 

19359 end of the upper laxe ; thence due east, passing the said north 

19360 end of the upper lake, to the summit of the mountains on the 

19361 east side of the lake ; thence along said mountain to the point 

19362 where Sprague's Eiver is intersected by the Ish-tish-ea wax 

19363 Creek ; thence in a southerly direction to the summit of the 

19364 mountain, the extremity of which forms the Point of Eocks ; 

19365 thence along said mountain to the place of beginning. And 

19366 the tribes aforesaid agree and bind themselves that, immedi- 

55 1 T 



434 



19367 ately after the ratification of this treaty, they will remove to 

19368 said reservation and remain thereon, unless temporary leave of 

19369 absence be granted to them by the superintendent or agent 

19370 having charge of the tribes. 

19371 It is further stipulated and agreed that no white person shall 

19372 be permitted to locate or remain upon the reservation, except 

19373 the Indian superintendent and agent, employes of the Indian 

19374 department, and officers of the Army of the United States, and 

19375 that in case persons other than those specified are found upon 

19376 the reservation, they shall be immediately expelled therefrom ; 

19377 and the exclusive right of taking fish in the streams and lakes, 

19378 included in said reservation, and of gathering edible roots, seeds, 

19379 and berries within its limits, is hereby secured to the Indians 

19380 aforesaid : Provided, also, That the right of way for public roads 

19381 and railroads across said reservation is reserved to citizens of 

19382 the United States. 

19383 Article 2. In consideration of, and in payment for the 

19384 country ceded by this treaty, the United States agree to pay to 

19385 the tribes conveying the same the several sums of money here- 

19386 inafter enumerated, to wit : Eight thousand dollars per annum 

19387 for a period of five years, commencing on the first day of Octo. 

19388 ber, eighteen hundred and sixty-five, or as soon thereafter as 

19389 this treaty may be ratified ; five thousand dollars per annum for 

19390 the term of five years next succeeding the first period of five 

19391 years; and three thousand dollars per annum for the term of 

19392 five years next succeeding the second period ; all of which sev- 

19393 eral sums shall be applied to the use and benefit of said Indians 

19394 by the superintendent or agent having charge of the tribes 

19395 under the direction of the President of the United States, who 

19396 shall, from time to time, in his discretion, determine for what 

19397 objects the same shall be expended, so as to carry out the design 

19398 of the expenditure, [it] being to promote the well-being of the 

19399 Indians, advance them in civilization, and especially agriculture, 

19400 and to secure their moral improvement and education. 

19401 Article 3. The United States agree to pay said Indians 

19402 the additional sum of thirty-five thousand dollars, a portion 

19403 whereof shall be used to pay for such articles as may be ad- 

19404 vanced to them at the time of signing this treaty, and the re- 

19405 mainder shall be applied to subsisting the Indians during the 

19406 first year after their removal to the reservation, the purchase of 

19407 teams, farming implements, tools, seeds, clothing, and provisions 

19408 and for the payment of the necessary employes. 

19409 Article 4. The United States further agree that there shall 

19410 be erected at suitable points on the reservation, as soon as prac- 

19411 ticable after the ratification of this treaty, one saw-mill, one 

19412 flouring-mill, suitable buildings for the use of the blacksmith, 



435 



19413 carpenter, and wagon and plough, maker, the necessary buildings 

19414 for one manual-labor school, and such hospital buildings as ma\ 

19415 be necessary, which buildings shall be kept in repair at the ex- 

19416 pense of the United States for the term of twenty years ; and it 

19417 is further stipulated that the necessary tools and material for the 

19418 saw-mill, flour-mill, carpenter, blacksmith, and wagon and plough 

19419 maker's shops, and books and stationery for the manual-labor 

19420 school, shall be furnished by the United States for the period of 
1942 L twenty years. 

19422 Article 5. The United States further engage to furnish 

19423 and pay for the services and subsistence, for the term of fifteen 

19424 years, of one superintendent of farming operations, one farmer, 

19425 one blacksmith, one sawyer, one carpenter, and one wagon and 

19426 plough maker, and for the term of twenty years of one physician, 

19427 one miller, and two school-teachers. 

19428 Article 6. The United States may, in their discretion, 

19429 cause a part or the whole of the reservation provided for in Ar- 

19430 tide 1 to be surveyed into tracts, and assigned to members of 

19431 the tribes of Indians parties to this treaty, or such of them as 

19432 may appear likely to be benefited by the same, under the follow- 

19433 ing restrictions and limitations, to wit : To each head of a fam- 

19434 ily shall be assigned and granted a tract of not less than forty 

19435 nor more than one hundred and twenty acres, according to the 

19436 number of persons in such family ; and to each single man above 

19437 the age of twenty-one years a tract not exceeding forty acres. 

19438 The Indians to whom these tracts are granted are guaranteed 

19439 the perpetual possession and use of the tracts thus granted and 

19440 of the improvements which may be placed thereon ; but no In- 

19441 dian shall have the right to alienate or convey any such tract to 

19442 any person whatsoever, and the same shall be forever exempt 

19443 from levy, sale, or forfeiture : Provided, That the Congress of 

19444 the United States may hereafter abolish these restrictions and 

19445 permit the sale of the lands so assigned, if the prosperity of the 

19446 Indians will be advanced thereby : And provided further, If any 

19447 Indian, to whom an assignment of land has been made, shall re- 

19448 fuse to reside upon the tract so assigned for a period of two years, 

19449 his right to the same shall be deemed forfeited. 

19450 Article 7. The President of the United States is empow- 

19451 ered to declare such rules and regulations as will secure to the 

19452 family, in case of the death of the head thereof, the use and 

19453 possession of the tract assigned to him, with the improvements 

19454 thereon. 

19455 Article 8. The annuities of the tribes mentioned in this 

19456 treaty shall not be held liable or taken to pay the debts of indi- 

19457 viduals. 

19458 Article 9. The several tribes of Indians, parties to this 



436 



19459 treaty, acknowledge their dependence upon the Government of 

19460 the United States, and agree to be friendly with all citizens 

19161 thereof, and to commit no depredations upon the person or 

19162 property of said citizens, and to refrain from carrying on any 

19163 war upon other Indian tribes ; and they further agree that they 

19164 will not communicate with or assist any persons or nation hostile 
19465 to the United States ; and, further, that they will submit to and 
19166 obey all laws and regulations which the United States may pre- 
19467 scribe for their government and conduct. 

1946S Article 10. It is hereby provided that if any member of 

19169 these tribes shall drink any spirituous liquor, or bring any such 

19470 liquor upon the reservation, his or her proportion of the benefits 

19171 of this treaty may be withheld for such time as the President of 

19472 the United States may direct. 

19473 Article 11. It is agreed between the contracting parties 

19474 that if the United States, at any future time, may desire to locate 

19475 other tribes upon the reservation provided for in this treaty, no 

19476 objection shall be made thereto ; but the tribes, parties to this 

19477 treaty, shall not, by such location of other tribes, forfeit any of 
19178 their rights or privileges guaranteed to them by this treaty. 
19479 Article 12. This treaty shall bind the contracting parties 
19180 whenever the same is ratified by the Senate and President of the 
19481 United States. 

13482 Proclaimed February 17, 1870. 



19483 KICKAPOOS. 

19484 A treaty between the United States of America and the Kickapoo 

19485 tribe of Indians. 

19486 William Henry Harrison, governor of the Indiana Territory 

19487 and commissioner plenipotentiary of the United States for 
19188 treating with the Indian tribes northwest of the Ohio, and the 

19489 sachems and war-chiefs of the Kipkapoo tribe on the part of 

19490 said tribe, have agreed on the following articles, which, when 
19191 ratified by the President, by and with the advice of the Senate, 

19492 shall be binding on said parties : 

19493 Article 1. The ninth article of the treaty concluded at 

19494 Port Wayne on the thirtieth of September last (proclaimed 

19495 January 16, 1810, see page — ,) and the cession it contains, is 

19496 hereby agreed to by the Kickapoos, and a permanent- additional 
19197 annuity of four hundred dollars, and goods to the amount of 

19498 eight hundred dollars, now delivered, is to be considered as a 

19499 full compensation for the said cession. 



437 



19500 Article 2. The said tribe farther agrees to cede to the 

19501 United States all that tract of land which lies between the tract 

19502 above ceded, the Wabash, the Vermillion River, and a line to 

19503 be drawn from the north corner of the said ceded tract, so as to 

19504 strike the Vermilion Eiver at the distance of twenty miles in a 

19505 direct line from its mouth. For this cession a further annuity 
19508 of one hundred dollars, and the sum of seven hundred dollars 

19507 in goods, now delivered, is considered as a full compensation. 

19508 But if the Miamies should not be willing to sanction the latter 

19509 cession, and the United States should not think proper to take 

19510 possession of the land without their consent, they shall be re- 

19511 leased from the obligation to pay the additional annuity of one 

19512 hundred dollars. 

19513 Article 3. The stipulations contained in the treaty of 

19514 Greenville relatively to the manner of paying the annuity and 

19515 of the right of the Indians to hunt upon the land, shall appl,y 

19516 to the annuity granted and the land ceded by the present treaty. 

19517 Proclaimed March 3, 1810. 



19518 A treaty of peace and friendship made and concluded between Will- 

19519 iam Clark, Ninian Edwards, and Auguste Chouteau, commis- 

19520 sioners plenipotentiary of the United States of America on the 

19521 part and behalf of the said States, of the one part, and the un- 

19522 dersigned chiefs, warrior and deputies of the Kickapoo tribe 

19523 or nation, on the part and behalf of the said tribe or nation, of 

19524 the other part. 

19525 The parties being desirous of re-establishing peace and 

19526 friendship between the United States and the said tribe or na- 

19527 tion, and of being placed in all things and in every respect on the 

19528 same footing upon which they stood before the war, have agreed 

19529 to the following articles : 

19530 Article 1. Every injury or act of hostility by one or either 

19531 of the contracting parties towards the other shall be mutually 

19532 forgiven and forgot. 

19533 Article 2. There shall be perpetual peace and friendship 

19534 between all the citizens of the United States of America and 

19535 all the individuals composing the said Kickapoo tribe or nation. 

19536 Article 3. The contracting parties do hereby agree, prom- 

19537 ise, and oblige themselves, reciprocally, to deliver up all the 

19538 prisoners now in their hands (by what means soever the same 

19539 may have come into their possession) to the officer commanding 

19540 at Fort Clarke, on the Illinois River, to be by him restored to 

19541 their respective nations as soon as it may be practicable. 

19542 Article 4. The contracting parties, in the sincerity of uiu- 



438 



19543 tual friendship, recognize, re-establish, and confirm all and every 

19544 treaty, contract, and agreement heretofore concluded between 

19545 the United States and the Kickapoo tribe or nation. 

19546 Ratified December 26, 1815. 

19547 K B. The obligations imposed on the United States by this 

19548 treaty are released by the Article 4 of the treaty proclaimed 

19549 January 13, 1821, p. 439. 

19550 Articles of a treaty made and entered into at Fort Harrison, in the 

19551 Indiana Territory, between Benjamin Parke, specially author - 

19552 ized thereto by the President of the United States, on the one 

19553 part, and the tribes of Indians called the Weas and Kickapoos, 

19554 by their chiefs and head-men, of the otlier part. 

19555 Article 1. The Weas and Kickapoos again acknowledge 

19556 themselves in peace and friendship with the United States. 

19557 Article 2. The said tribes acknowledge the validity of, 

19558 and declare their determination to adhere to, the treaty of Green* 

19559 ville, made in the year seventeen hundred and ninety-five, and 

19560 all subsequent treaties which they have respectively made with 

19561 the United States. 

19562 Article 3. The boundary -line, surveyed and marked by 

19563 the United States, of the land on the Wabash and White Eivers, 

19564 ceded in the year eighteen hundred and nine, the said tribes do 

19565 hereby explicitly recognise and confirm as having been executed 

19566 conformably to the several treaties they have made with the 

19567 United States. 

19568 Article 4. The chiefs and warriors of the said tribe of the 

19569 Kickapoos acknowledges that 'they have ceded to the United 

19570 States all that tract of country which lies between the aforesaid 

19571 boundary-line on the northwest side of the Wabash — the Wabash, 

19572 the Yermiilion River, and a line to be drawn from the northwest 

19573 corner of the said boundary -line, so as to strike the Yermiilion 

19574 River twenty miles in a direct line from its mouth, according to 

19575 the terms and conditions of the treaty they made with the United 

19576 States on the ninth day of December, in the year eighteen hun- 

19577 dred and nine. 

19578 Proclaimed December 30, 1816. 

19579 A treaty made and concluded at Bdwardsville, in the State of Illi- 

19580 nois, between Auguste Chouteau and Benjamin Stephenson, 

19581 commissioners on the part and behalf of the United States of 

19582 America, of the one part, and the undersigned, principal chiefs 

19583 and warriors of the Kiclcapoo tribe of Indians, on the part and 

19584 behalf of said tribe, of the otlier part. 

19585 Article 1 The undersigned chiefs and warriors, for them- 

19586 selves and their said tribe, for and in consideration of the prom- 



439 



19587 ises and stipulations hereinafter made, do hereby cede and re- 

19588 linquish to the United States forever all their right, interest, 

19589 and title of, in, and to the following- tracts of land, viz : All 

19590 their laud on the southeast side of the Wabash River, including 

19591 the principal village in which their ancestors formerly resided, 

19592 consisting" of a large tract, to which they have had, from time 

19593 immemorial, and now have, a just right, that they have never 

19594 heretofore ceded, or otherwise disposed of, in any manner what- 

19595 ever ; also all the land within the following boundaries, viz: 

19596 Beginning on the Wabash River, at the upper point of their 

19597 cession, made by the second article of their treaty at Vincennes 

19598 on the 9th December, 1809 ; running thence, northwestwardly, 

19599 to the dividing line between the States of Illinois and Indiana; 

19600 thence, along said line, to the Kankakee Eiver; thence, with 

19601 said river, to the Illinois River; thence, down the latter, to its 

19602 mouth ; thence, with a direct line, to the northwest corner of 

19603 the Vincennes tract, as recognised in the treaty with the Piank 

19604 eshaw tribe of Indians at Vincennes, on the 30th December, 1805 ; 

19605 and thence, with the western and northern boundaries of the 

19606 cessions heretofore made by the said Kickapoo tribe of Indians, 

19607 to the beginning. Of which last-described tract of land the 

19608 said Kickapoo tribe claim a large portion, by descent from their 

19609 ancestors, and the balance by conquest from the Illinois Nation, 

19610 and uninterrupted possession for more than half a century. 

19611 Article 2. The said tribe hereby confirm all their former 

19612 treaties with the United States, and relinquish to them all claim 

19613 to every portion of their lands which may have been ceded by 

19614 any other tribe or tribes, and all and every demand which they 

19615 might have had in consequence of the second article of the treaty 

19616 made with the Pottawattamy Nation of Indians at St. Mary's 

19617 on the 2d October, 1818, (proclaimed January 15, 1819.) 

19618 Article 3. The said tribe acknowledge themselves now to 

19619 be, and promise to continue, under the protection of the United 

19620 States of America, and of no other nation, power, or sovereign 

19621 whatever. 

19622 Article 4. The said tribe release the United States from 

19623 all obligations imposed by any treaties heretofore made with 
19624. them. 

19625 Article 5. The United States, in lieu of all former stipu- 

19626 lations, and in consideration of cessions of land heretofore made 

19627 by the said tribe, promise to pay them, at their town on the 

19628 waters of the Osage River, two thousand dollars in silver, annu- 

19629 ally, for fifteen successive years. 

19630 Article 6. Altered so as to read as Article 1 of treaty of 

19631 July 19, 1820, page 440. 



440 



19632 Article 7. The United States promise to guaranty to the 

19633 said tribe the peaceable possession of the tract of land hereby 

19634 ceded to them, and to restrain and prevent all white persons 

19635 from hunting, settling, or otherwise intruding upon it. But any 

19636 citizen or citizens of the United States, being lawfully authorized 

19637 for that purpose, shall be permitted to pass and repass through 

19638 the said tract, and to navigate the waters thereof, without any 

19639 hindrance, toll, or exaction from the said tribe. 

19640 Article 8. For the purpose of facilitating the removal of 

19641 the said tribe to the tract of land hereby ceded to them, the 

19642 United States will furnish them with two boats, well manned, 

19643 to transport their property from any point they may designate 

19644 on the Illinois Eiver, and some judicious citizen shall be se- 

19645 lected to accompany them in their passage through the white 

19646 settlements to their intended residence. 

19647 Article 9. The United States will take the said Kickapoo 

19648 tribe under their care and patronage, and will afford them pro- 

19649 tection against all persons whatever, provided they conform to 

19650 the laws of the United States, and refrain from making war, or 

19651 giving any insult or offence to any other Indian tribe, or to any 

19652 foreign nation, without first having obtained the approbation 

19653 and consent of the United States. 

19654 Article 10. The said tribe, in addition to their above- 

19655 described cessions, do hereby cede and relinquish to the United 

19656 States generally and without reservation all other tracts of land 

19657 to which they may have any right or title on the left side of the 

19658 Illinois and Mississippi Eivers. 

19659 Proclaimed January 13, 1821. 



19660 A treaty made and concluded by and betiveen Auguste Chouteau 

19661 and Benjamin Stephenson, commissioners of the United States 

19662 of America, on the part and behalf of the said States, of the 

19663 one part, and the undersigned, chiefs and warriors of the Kick- 

19664 apoo tribe of Indians, on the part and behalf of their said 

19665 nation, of the other part, the same being supplementary to and 

19666 amendatory of the treaty made and concluded at Edivardsville 

19667 on the 30th July, 1819, between the United States and the said 

19668 Kiclmpoo Nation, and proclaimed Jannary 13, 1821. 

19669 Article 1. It is agreed between the United States and the 

19670 Kickapoo tribe of Indians that the sixth article of the treaty to 

19671 which this is supplementary shall be, and the same is hereby ? 

19672 altered and amended so as to read as follows, viz : 

19673 In consideration of and exchange for the cession made by 

19674 the aforesaid tribe in the first article of this treaty the United 



441 



19G75 States, in addition to three thousand dollars' worth of merchan- 

19676 dise this day paid to the said tribe, hereby cede to the said 

19677 tribe, to be by them possessed in like manner as the lands 

19678 ceded by the first article of this treaty by them to the United 

19679 States were possessed, a certain tract of land in the Territory of 

19680 Missouri, and included within the following boundaries, viz : 

19681 Beginning at the confluence of the rivers Pommes de Terre and 

19682 Osage; thence up said river Pommes de Terre to the dividing 
19883 ridge which separates the waters of Osage and White Rivers ; 

19684 thence with said ridge and westwardly to the Osage line ; thence 

19685 due north with said line to Nerve Creek; thence down the same 

19686 to a point due south of the mouth of White Clay, or Eichard 

19887 Creek; thence north to the Osage River ; thence down said 

19888 river to the beginning. 

19689 Proclaimed January 13, 1821. 



19890 Articles of a treaty made and entered into at Castor Hill, in the 

19691 county of St. Louis, in the State of Missouri, this twenty-fourth 

19692 day of October, one thousand eight hundred and thirty-tivo, be- 

19693 tween William Clarlc, Franlc J. Allen, and Nathan Kouns, 
19691 commissioners on the part of the United States, of the one part, 
19695 and the chiefs, warriors, and counsellors of the Kickapoo tribe 
19698 of Indians, on behalf of said tribe, of the other part. 

19697 Article 1. The Kickapoo tribe of Indians, in consideration 

19898 of the stipulations hereinafter made, do hereby cede to the 

19899 United States the lands assigned to them by the treaty of Ed- 

19700 wardsville, and concluded at St. Louis, the nineteenth day of 

19701 July, eighteen hundred and twenty-two, and all other claims to 

19702 lands within the State of Missouri. 

19703 Article 2, The United States will provide for the Kickapoo 

19704 tribe a country to reside in, southwest of the Missouri River, 

19705 as their permanent place of residence as long as they remain a 

19706 tribe. And whereas the said Kickapoo tribe are now willing to 

19707 remove, on the following conditions, from the country ceded on 

19708 Osage River, in the State of Missouri, to the country selected 

19709 on the Missouri River, north of lands which have been assigned 

19710 to the Delawares ; it is hereby agreed that the country within 

19711 the following boundaries shall be assigned, conveyed, and for- 

19712 ever secured, and is hereby so assigned, conveyed, and secured 

19713 by the United States to the said Kickapoo tribe, as their perma- 

19714 nent residence, viz : Beginning on the Delaware line six miles 

19715 westwardly of Fort Leavenworth, thence with the Delaware 

19716 line westwardly sixty miles, thence north twenty miles, thence 

19717 in a direct line to the west bank of the Missouri, at a point 

19718 twenty-six miles north of Fort Leavenworth, thence down the 

56 I T 



442 



19719 west bank of the Missouri Biver to a point six iniies nearly 

19720 northwest of Fort Leavenworth, and thence to the beginning. 

19721 Article 3. In consideration of the cession contained in 

19722 the first article, the United States agree to pay to the Kickapoo 

19723 tribe, within one year after the ratification of this treaty, an 
19721 annuity for one year of eighteen thousand dollars j twelve thou- 

19725 sand dollars of which, at the urgent request of said Indians, 

19726 shall be placed in the hands of the superintendent of Indian 

19727 affairs, at St. Louis, and be by him applied to the payment of 

19728 the debts of the said tribe, agreeably to a schedule to be far- 

19729 nished by them to the said superintendent, stating, as far as 

19730 practicable, for what contracted, and to whom due ; and the said 

19731 superintendent shall, as soon as possible, after the said money 

19732 comes into his hands, pay it over in a just apportionment, agree- 

19733 ably to their respective claims, to the creditors of the said tribe, 

19734 as specified in the schedule furnished him. And should any bal- 

19735 ance remain in his hands after said apportionment and payment, 

19736 it shall be by him paid over to the said Kickapoo tribe for their 

19737 use and benefit. 

19738 Article 4. The United States further agree to pay to the 

19739 Kickapoo tribe an annuity of five thousand dollars per annum, 
19710 in merchandize, at its cost in St. Louis, or in money, at their 

19741 option, for nineteen successive years, commencing with the second 

19742 year after the ratification of this treaty. 

19743 Article 5. The United States will pay one thousand dol- 

19744 lars annually for five successive years, for the support of a black- 

19745 smith and strikers; purchase of iron, steel, tools, &c, for the 

19746 benefit of said tribe, on the lands hereby assigned them. 

19747 Article 6. The United States agree to pay thirty-seven 

19748 hundred dollars for the erection of a mill and a church, for the 

19749 use of said tribe, on the aforesaid lands. 

19750 Article 7. The United States will pay five hundred doi- 

19751 lars per annum, for ten successive years, for the support of a 

19752 school, purchase of books, &c, for the benefit of said Kickapoo 

19753 tribe on the lands herein ceded to them. 

19754 Article 8. The United States agree to pay three thousand 

19755 dollars for farming utensils, when such utensils may be required 

19756 by said tribe, on their laud. 

19757 Article 9. The United States will pay four thousand dol- 

19758 lars for labour and improvements on the lands herein ceded 

19759 said Kickapoos. 

19760 Article 10. The United States agree to pay four thousand 

19761 dollars in cattle, hogs, and such other stock as may be required 

19762 by the said tribe j to be also delivered on their land. 

19763 Article 11. There shall be paid in merchandize and cash, 

19764 to the Kickapoos now present, for the use and benefit of their 



443 



197G5 tribe, six thousand dollars, the receipt of which is hereby ae- 

19766 knowledged; which amount, together with the several stipula- 

19767 tions contained in the preceding articles, shall be considered as 

19768 a full compensation for the cession herein made by said Kickapoo 
197G9 tribe. The United States will furnish said Indians with some 

19770 assistance when removing to the lands hereby assigned them, 

19771 and supply them with one year's provisions after their arrival on 

19772 said land." 

19773 Article 12. The United States agree to run and mark out 
19771 the boundary-lines of the lands hereby ceded to the said tribe, 

19775 within three years from the date of the ratification of this treaty. 

19776 Article 13. The said Indians agree to remove, with as little 

19777 delay as possible, to the land hereby ceded to them. 

19778 Article 14. The United States agree, at the particular re- 

19779 quest of the Kickapoos, that a deputation of their tribe shall be 

19780 sent, with one or two of the commissioners, to view the lands 

19781 hereby ceded to them, which deputation and commissioners 

19782 jointly agreeing, shall have power to alter the boundary -lines so 

19783 as to make a selection of a body of land not exceeding twelve 
19781 hundred square miles, adjoining to and lying between the Big 

19785 Nemaha River and the Delaware lands, and of changing the lines 

19786 of the land hereby ceded in the second article of this treaty, not 

19787 exceeding half the front on the Missouri between the mouth of 

19788 Big Nemaha and Fort Leavenworth, so as to include a suitable 

19789 scite for a mill-seat, should it be desired by said tribe and ap- 

19790 pear necessary to the commissioners. And it is understood 

19791 that if the commissioners, on viewing the land ceded in the 

19792 second article of this treaty, shall find it of good quality, and suf- 

19793 ficient for said tribe, then the aforesaid second article to be as 
19791 binding on the contracting parties as if this article had not been 

19795 inserted. 

19796 Article 15. This treaty to be binding when ratified by the 

19797 President and Senate of the United States. 

19798 Proclaimed February 13, 1833. 

19799 Supplemental article to the treaty with the Kickapoo tribe of Indians, 

19800 of the twenty-fourth October, one thousand eight hundred and 

19801 thirty -tico, and proclaimed February 13, 1833. 

19802 The undersigned, commissioners on the part of the United 

19803 States, and a deputation of Kickapoos, on the part of the Kick- 

19804 apoo tribe of Indians, having visited the lands assigned to the 

19805 said tribe by the second article of a treaty with the said tribe, 

19806 concluded at Castor Hill, in the county of Saint Louis, and State 

19807 of Missouri, on the twenty-fourth day of October, one thousand 

19808 eight hundred and thirty-two, and by authority of the powers 



444 



19809 vested in the said commissioners, and the said deputation, by 

19810 the fourteenth article of the aforesaid treaty, have agreed that 

19811 the boundary -lines of the lands assigned to the Kickapoos shall 

19812 begin on the Delaware line, where said line crosses the left branch 

19813 of Salt Creek, thence down said creek to the Missouri Eiver, 
19811 thence up the Missouri Eiver thirty miles when measured on a 
19815 straight line, thence westwardly to a point twenty miles from 
1981G the Delaware line, so as to include in the lands assigned the* 

19817 Kickapoos at least twelve hundred square miles. 

19818 B. — The United States are released from all claims and 

19819 demands of any kind, under the preceding treaties, by article 8 

19820 of the treaty of May 18, 1851, proclaimed July 19, 1854, page 117. 

19821 Franklin Pierce, President of the United States of Amer- 

19822 ica ; to all and singular to whom these presents shall come, 

19823 greeting : 

19821 Whereas a treaty was made and concluded at the city of 

19825 Washington on the eighteenth day of May, one thousand eight 

19828 hundred and fifty-four, by George W. Manypenny, commissioner 

19827 on the part of the United States, and the following-named dele- 

19828 gates of the Kickapoo tribe of Indians, viz, Pah-kah-kah or 

19829 John Kennekuk, Kap-i-o-mah or the Fox Carrier, Ko-ka-wat or 

19830 the Fox Hair, Pe-sha-gon or Tug made of Bear Skin, and Ke-wi- 

19831 sah-tuk or Walking Bear or Squire, thereto duly authorized by 

19832 said tribe, which treaty is in the words following, to wit : 

19833 Articles of agreement and convention made and concluded at 
19831 the city of Washington this eighteenth day of May, one 

19835 thousand eight hundred and fifty-four, by George W. Many- 

19836 penny, commissioner on the part of the United States, and 

19837 the following-named delegates of the Kickapoo tribe of 

19838 Indians, viz, Pah-kah-kah or John Kennekuk, Kap-i-o-mah 

19839 or the Fox Carrier, ISio-ka-wat or the Fox Hair, Pe-sha-gon or 

19810 Tug made of Bear Skin, and Ke-wi-sah-tuk or Walking Bear 

19811 or Squire, thereto duly authorized by said tribe. 

19812 Article 1. The Kickapoo tribe of Indians hereby cede, 

19813 sell, and convey unto the United States all that country south- 
19811 west of the Missouri Biver, which was provided as a permanent 

19815 home for them in the treaty of Castor Hill, of the t wenty-fourth 

19816 of October, one thousand eight hundred and thirty-two, and 

19817 described in the supplemental article thereto, entered into at 

19818 Fort Leavenworth on the 26th of November, one thousand eight 

19819 hundred and thirty-two, as follows : Beginning " on the Dela- 

19850 ware line, where said liue crosses the left branch of Salt Creek, 

19851 thence down said creek to the Missouri Eiver, thence up the 

19852 Missouri Eiver thirty miles when measured on a straight line, 

19853 thence westwardly to a point twenty miles from the Delaware 
19851 line, so as to include in the lands assigned to the Kickapoos at 



445 



19855 least twelve hundred square miles f saving and reserving, in 

19856 the western part thereof, one hundred and fifty thousand acres 
19S57 for a future and permanent home, which shall be set off for, and 
19S5S assigned to. them by metes and bounds : Prodded, That upon 
19859 the return home of the delegates here contracting, and upon 
19S60 consultation with their people, and after an exploration if required 

19861 by them, in company with their agent, a location to that extent 

19862 can be found within said specified section of country suited to 
19S63 their wants and wishes : And it is also further provided, That 
193(34 should a suitable location, upon examination and consultation, to 
19865 the full extent of one hundred and fifty thousand acres, not be 
19S6G found within said western part of this cession, then the said 
19SG7 delegates and agent shall be permitted to extend the location 
.19863 beyond the western line of the country herein ceded and north 
19SG9 of the recent Delaware line over so much of the public domain. 

193 70 otherwise unappropriated, as shall make up the deficiency — or 

19371 to make a selection entirely beyond the limits of the country at 

19372 present occupied by the Kickapoos upon any lands of the United 

19373 States, not otherwise appropriated, lying within the limits 
19371 bounded by the said western line, by the recent Delaware north- 
19375 em line, and the waters of the Great Nemahaw Eiver : and in 
1937G either case they shall describe their selection, which must be 
19377 made within six months from the date hereof, by metes and 
19373 bounds, and transmit the description thereof, signed by said 

19379 delegates and agent, to the Commissioner of Indian Affairs ; 

19380 and thereupon the selection so made shall be taken and deemed 

19381 as the future permanent home of the Kickapoo Indians. It is 
19882 expressly understood that the Kickapoos shall claim under this 
19833 article no more than one hundred and fifty thousand acres ot 
19881 land : and if that quantity or any portion thereof shall be se- 

19885 lected, as provided above, outside of the reservation herein made, 

19886 then said reservation, or a quantity equal to that which may be 

19887 selected outside thereof, shall be, and the same is hereby, ceded 
198SS and relinquished to the United States. 

19889 Article 2. In consideration wiiereof the United States 

19890 agree to pay to the said Indians, under the direction of the Pres- 

19391 ident, and in such manner as he shall from time to time pre- 

19392 scribe, the sum of three hundred thousand dollars, as follows : 
19893 one hundred thousand dollars to be invested at an interest of 

19891 five per centum per annum ; the interest of which shall be annu- 

19895 ally expended for educational and other beneficial purposes. 

19896 The remaining two hundred thousand dollars to be paid thus : 
19397 Twenty-five thousand dollars in the month of October, one thou- 

19898 sand eight hundred and fifty-four : twenty thousand dollars dur- 

19899 ing the same month in each of the years one thousand eight. 

19900 hundred and fifty-five and one thousand eight hundred and fifty- 



446 



19901 six 5 fourteen thousand dollars during the same month in each 

1 9902 of the years one thousand eight hundred and fifty-seven and one 

19903 thousand eight hundred and fifty-eight ; nine thousand dollars 
19901 in the same month of each of the six years next succeeding that 
199Q5 of one thousand eight hundred and fifty-eight ; seven thousand 

19906 dollars in the same month of each of the four years next suc- 

19907 ceeding the expiration of the last-named period of six years ; 

19908 and five thousand dollars in the same month of each of the five 

19909 years next succeeding the last-named four years. And as the 

19910 Kickapoos will remove to a new home, and will, therefore, 

19911 require the principal portion of the annual payments for several 

19912 years to aid in building houses, in breaking and fencing land, 

19913 in buying stock, agricultural implements, and other articles 

19914 needful for their comfort and civilization, it is understood that 

19915 such portion of said annual payments as may be necessary will 

19916 be appropriated to and expended for such purposes. 

19917 Article 3. The President may cause to be suiveyed, in 

19918 the same manner in which the public lands are surveyed, the 

19919 reservation herein provided for the Kickapoos ; and may assign 

19920 to each person, or family, desiring it, such quantity of land as, 

19921 in his opinion, will be sufficient for such person, or family, with 

19922 the understanding that he, or they, will occupy, improve, and 

19923 cultivate the same, and comply with . such other conditions as 
19921 the President may prescribe. The land thus assigned may here- 

19925 after be confirmed by patent to the parties, or their representa- 

19926 tives, under such regulations and restrictions as Congress may 

19927 impose. 

19928 Article 4. It is agreed that the United States shall pay 

19929 to such of the Kickapoos as have improvement upon the lands 

19930 hereby ceded a fair compensation for the same — the value to be 

19931 ascertained in such mode as shall be prescribed by the Presi- 

19932 dent. 

19933 Article 5. The debts of Indians contracted in their private 

19934 dealings as individuals, whether to traders or others, shall not 

19935 be paid out of the general fund. 

19936 Article 6. It is the desire of the KickapOo Indians that 

19937 their faithful friend and interpreter, Peter Cadue, should have a 

19938 home provided for him and his family. It is therefore agreed 

19939 that there shall be assigned to him a tract of land equal to one 

19940 section, to be taken from the legal subdivisions of the surveyed 

19941 land, and to include his present residence and improvement on 

19942 Cadue's Creek, and the President is authorized to issue a patent 

19943 to him for the same. 

19944 Article 7. It is agreed that all roads and highways laid 

19945 out by authority of law shall have right of way through the 

19946 reservation on the same terms as are provided by law when 



447 



19947 roads and highways are made through lands of citizens of the 

19948 United States,- and railroad companies, when the lines of their 
19919 roads necessarily pass through the lands of the Kickapoos, shall 

19950 have right of way on the payment of a fair compensation there- 

19951 for in money. 

19952 Article^S. The Kickapoos release the United States from 

19953 all claims or demands, of any kind whatsoever, arising, or which 
19951 may hereafter arise, under former treaties, and agree, within 

19955 twelve months after the ratification of this instrument, to remove 

19956 and subsist themselves, without cost to the United States ; in 

19957 consideration of which release and agreement the United States 

19958 agree to pay them the sum of twenty thousand dollars. 

19959 Article 9. The Kickapoos promise to use their best efforts 
1996"0 to prevent the introduction and use of ardent spirits in their 

19961 country, to encourage industry, thrift, and morality, and by every 

19962 j>ossible means to promote their advancement in civilization. 

19963 They desire to be at peace with all meu, and therefore bind them- 

19964 selves to commit no depredation or wrong upon Indians or citi- 

19965 zens, and whenever difficulties arise to abide by the laws of the 

19966 United States in such cases made and provided, as they expect 

19967 to be protected and/to have their own rights vindicated by them. 

19968 Article 10. The object of these articles of agreement and 

19969 convention being to advance the true interests of the Kickapoo 

19970 people, it is agreed, should they prove insufficient, from causes 

19971 which cannot now be foreseen, to effect these ends, that the 

19972 President may, by and with the advice and consent of the Sen- 

19973 ate, adopt such policy in the management of their affairs as in 
19971 his judgment may be most beneficial to them ; or Congress may 

19975 hereafter make such provision by law as experience shall prove 

19976 to be necessary. 

19977 Article 11. This instrument shall be obligatory on the con- 

19978 tracting parties whenever the same shall be ratified by the Presi- 

19979 dent and the Senate of the United States. 

19980 Proclaimed July 17, 1851. 

19981 Treaty between the United States of America and the Kickapoo 

19982 tribe of Indians , concluded June 28,1862; ratification ad- 

19983 vised, with amendment, by Senate, March 13, 1S63; amend- 
19981 ment accepted May 5, 1863. 

19985 Abraham Lincoln, President of the United States of America, 

19986 to all and singular to whom these presents shall come, 

19987 greeting : 

19988 Whereas a treaty was made and concluded at the agency 

19989 of the Kickapoo tribe of Indians, on the twenty-eighth day of 



448 



19990 June, in the year of our Lord one thousand eight hundred aud 

19991 sixty-two, by and between Charles B. Keith, commissioner, on 

19992 the part of the United States, and the hereinafter-named chiefs, 

19993 head-men, and delegates of the Kickapoo Indians, for and on 
19991 behalf of said Indians, and duly authorized thereto by them, 

19995 which treaty is in the words and figures following, to wit : 

19996 Articles of a treaty made and concluded at the agency of the 

19997 Kickapoo tribe of Indians, on the 28th day of June, in the 

19998 year of our Lord one thousand eight hundred and sixty - 

19999 two, by and between Charles B, Keith, commissioner, on the 

20000 part of the United States, and the undersigned chiefs, head- 

20001 men, and delegates of the Kickapoo Xation, on behalf of 

20002 said nation. 

20003 Article 1. The Kickapoo tribe of Indians, believing that it 
20001 will contribute to the civilization of their people to dispose of a por- 

20005 tion of their present reservation in Kansas, consisting of one hun- 

20006 died and fifty thousand acres of land, to allot land in severalty to 

20007 those members of said tribe who desire to have separate tracts of 

20008 lands, and have adopted the customs of the whites, and to set 

20009 apart for the others of said tribe a portion of said reserva- 

20010 tion, to be held by them in common, or (if a majority of them so 

20011 elect) provide for them a suitable home elsewhere, to be held by 

20012 them in common, it is therefore hereby agreed that the Secre- 

20013 tary of the Interior shall cause the whole of said reservation to 

20014 be surveyed in the same manner as the public lands are surveyed, 

20015 and the quantity of land hereinafter mentioned to be set apart 

20016 to those of said tribe who desire to have their land in severalty ; 

20017 and, if so elected by a majority of the others of said tribe, the 

20018 quantity of land hereinafter mentioned to be by such others 

20019 held in common, and the remainder of the land, after the special 

20020 reservations hereinafter provided for shall have been made, to 

20021 be sold for the benefit of said tribe. 

20022 Article 2. It shall be the duty of the Secretary of the In- 

20023 terior to cause to be made an accurate census of all the mem- 

20024 bers of the tribe, and to classify them in separate lists, showing 

20025 the names, ages, and numbers of those desiring lands in sever- 

20026 alty, and of those desiring lands in common, designating chiefs 

20027 and heads of families respectively $ each adult choosing for him- 

20028 self or herself, and each head of a family for the minor children 

20029 of such family, and the agent for orphans and persons of an un- 

20030 sound mind and otherwise incompetent, as to which of these 

20031 classes they will belong. And thereupon shall be assigned, 

20032 under the direction of the Commissioner of Indian Affairs, to 

20033 each chief, at the signing of the treaty, one half section ; to 
20031 each other head of a family, one quarter section ; and to each 
20035 other person forty acres of land : to include in every case as far 



449 



20036 as practicable, to each family, their improvements and a reasori- 

20037 able portion of timber, to be selected according to the legal sub- 

20038 division of survey. When such assignments shall have been 

20039 completed, certificates shall be issued by the Commissioner of 

20040 Indian Affairs for the tracts assigned in severalty, specifying 

20041 the names of the individuals to whom they have been assigned 

20042 respectively, and tbat said tracts are set apart for the perpetual 

20043 and exclusive use and benefit of such assignees and their heirs. 

20044 Until otherwise provided by law, such tracts shall be exempt 

20045 from levy, taxation, or sale, and shall be alienable in fee, or 

20046 leased, or otherwise disposed of only to the United States, or to 

20047 persons then beiug members of the Kickapoo tribe, and of In- 

20048 clian blood, with the permission of the President, and under 

20049 such rules and regulations as the Secretary of the Interior shall 

20050 provide, except as may be hereinafter provided. And on re- 

20051 ceipt of such certificates, the person [s] to whom they are issued 

20052 shall be deemed to have relinquished all right to any portion of 

20053 the lands assigned to others in severalty, or to a portion of the 

20054 tribe in common, and to the proceeds of sale of the same when- 

20055 soever made. 

20056 Article 3. At any time hereafter, when the President of 

20057 the United States shall have become satisfied that any adults, 
20053 being males and heads of families, who may be allottees under 

20059 the provision of the foregoing article, are sufficiently intelligent 

20060 and prudent to control their affairs and interests, he may, 

20061 at the request of such persons, cause the land severally held by 

20062 them to be conveyed to them by patent in fee-simple^ with 

20063 power of alienation • and may, at the same time, cause to be set 

20064 apart and placed to their credit severally, their proportion of 

20065 the cash value of the credits of the tribe, principal and interest, 

20066 then held in trust by the United States, and also, as the same 

20067 may be received, their proportion of the proceeds of the sale of 

20068 lands under the provisions of this treaty. And on such patents 

20069 being issued, and such payments ordered to be made by the 

20070 President, such competent persons shall cease to be members 

20071 of said tribe, and shall become citizens of the United States: 

20072 and thereafter the lands so patented to them shall be subject to 

20073 levy, taxation^ and sale^ iu like manner with the property of 

20074 other citizens : Provided, That before making any such applica- 

20075 tion to the President, they shall appear in open court, in the 

20076 district court of the United States for the district of Kansas, 

20077 and make the same proof and take the same oath of allegiance 

20078 as is provided by law for the naturalization of aliens ; and shall 

20079 also make proof, to the satisfaction of said court, that they are 

20080 sufficiently intelligent and prudent to control their affairs and 

20081 interests; that they have adopted the habits of civilized life, 

57 I T 



450 



20082 and have "been able to support, for at least five years, themselves 

20083 and families. 

20084 Article 4. To those members of said tribe who desire to 

20085 hold their lands in common, there shall be set apart from the 

20086 present reservation of the tribe an undivided quantity sufficient 

20087 to allow one half section to each chief, one quarter section to 

20088 each other head of a family, and forty acres to each other per- 

20089 son ; and said land shall be held by that portion of the tribe for 

20090 whom it is set apart by the same tenure as the whole reserve 

20091 has been held by all of said tribe under the treaty of 1854. And 

20092 upon such land being assigned in common, the persons to whom 

20093 it is assigned shall be held to have relinquished all title to lands 

20094 assigned in severalty, and in the proceeds of sales thereof when - 

20095 ever made ; or should a majority of the adult males of said class 

20096 decide to remove to the Indian country south of Kansas, then, 

20097 and in that case, their new home shall not be limited to the 

20098 quantity above designated, but shall be as large as can be pur- 

20099 chased with the proceeds of the sale of the tract to which they 

20100 would have been entitled had they determined to remain upon 

20101 the present reservation, computing the same at the rate of at 

20102 least one dollar and twenty-five cents per acre : Provided, That 

20103 the purchase of such new home shall be made by the Coinmis- 

20104 sioner of Indian Affairs, under the direction of the Secretary ot 

20105 the Interior, and at such locality within said Indian country as 

20106 he may select : And provided also, That such new home shall be 

20107 purchased and the Indians entitled removed thereto, at the cost 

20108 of the United States, within the period of two years after the 

20109 completion of the surveys herein provided for. And such Indi- 

20110 ans shall be entitled to the benefits of their full proportionate 

20111 share of all assets belonging to said tribe, in the same manner 

20112 that they would have been entitled had such removal not been 

20113 made. 

20114 Article 5. The Kickapoo tribe of Indians, entertaining 

20115 the opinion that it is the desire of the Government and the 

20116 people of the United States to extend railroad communication 

20117 as far west as possible in the shortest possible time, and eliev- 

20118 ing that it will greatly enhance the value of their lands reserved 

20119 in severalty by having a railroad built, connecting with the 

20120 eastern railroads running from the city of Atchison, in the State 

20121 of Kansas, westerly in the direction of the gold mines in Colora- 

20122 do Territory; and entertaining the opinion that the Atchison 

20123 and Pike's Peak Railroad Company, incorporated by an act of 

20124 the legislative assembly of the Territory of Kansas approved 

20125 February 11, 1859, has advantages for travel and transportation 

20126 over all other companies, it is therefore provided that the Atck- 

20127 ison and Pike's Peak Railroad Company shall have the privi- 



451 



20128 lege of buying the remainder of their land within six months 

20129 after the tracts herein otherwise disposed of shall have been 

20130 selected and set apart, provided said railroad company purchase 

20131 the whole of such surplus lands at the rate of one dollar and 

20132 twenty-five cents per acre ; and when the selections shall have 

20133 been made and assigned as aforesaid, it shall be the duty of the 

20134 Commissioner of Indian Affairs to notify the president of said 

20135 railroad company thereof ; and if said railroad company signi- 

20136 lies its consent to purchase said surplus lands within sixty days 

20137 thereafter, and shall make, execute, and deliver to the Secreta- 

20138 ry of the Interior the bonds of the said company in a penal sum 

20139 equal to double the value of said surplus lands, as heretofore 

20110 ascertained, with the condition that the said bonds shall become 

20111 void whenever the said company shall comply with the condi- 

20112 tions of the treaty, the Secretary of the Interior shall issue to 

20143 said railroad company certificates of purchase, and such certifi- 

20144 cates shall be deemed and held in all courts as evidence of the 

20145 right of possession in said railroad company to all or any part 
2014G of said lands, unless the same shall be forfeited as hereinafter 

20147 provided. And if said railroad company make such purchase, 

20148 it shall be subject to the following considerations, viz : They 

20149 shall construct and fully equip a good and efficient railroad 

20150 from the city of Atchison, in the State of Kansas, westerly, 

20151 within six years, and as follows: The first section of fifteen 

20152 miles of said road to be completed within three years from the 

20153 date of said purchase, and the second section to a point as far 

20154 west as the western boundary of said reservation within three 

20155 years thereafter ; and no patent or patents shall issue to said 
2015G company or its assigns for any portion of said lands until the 

20157 first section of said road shall be completed, and then for not 

20158 more than one-half of said lands : and no patent or patents shall 

20159 issue to said company or its assigns for any of the remaining 

20160 portion of said lands until said second section of said railroad 

20161 shall be completed as aforesaid ; and before any patents shall 

20162 issue for any part of said lands, payments shall be made for the 

20163 lands to be patented at the rate of one dollar and twenty-five 

20164 cents per acre. And said company shall pay the whole amount 

20165 of the purchase-money for said lands in the securities of the 

20166 United States to the Secretary of the Interior, in trust for said 

20167 Kickapoo tribe of Indians, within six years from the date of 

20168 such purchase; and when so paid the president is authorized 

20169 hereby to issue patents therefor. Said company shall, in like 

20170 manner, pay to the Secretary of the Interior, in trust as afore- 

20171 said, each and every year, until the whole purchase-money shall 

20172 have been paid, interest from date of purchase, at six per cent. 

20173 per annum, on all the purchase-money remaining unpaid. Said 



452 



20174 interest, and the interest due on the purchase-money after it is 

20175 paid to the United States, shall be held in trust and paid to said 

20176 Indians on the first day of April of each and every year ; and in 

20177 ten years from the ratification of this treaty there shall be paid 

20178 by the United States to said tribe of Indians ten thousand dol- 

20179 lars, as their first instalment upon the amount of said purchase- 

20180 money, and ten thousand dollars each and every year thereafter 

20181 until all is paid. 

20182 Article 6. In case said railroad company shall fail to com - 

20183 plete either section of said railroad in a good and efficient man- 
20181 ner, or shall fail to pay the whole of the purchase-money for 

20185 said lands within the time herein prescribed, or shall fail to pay 

20186 all or any part of the interest upon the same each year as 

20187 aforesaid, within thirty days from the date when such payment 

20188 of interest may fall due, then the contract or purchase shall be 

20189 deemed and held absolutely null and void, if the Secretary of the 

20190 Interior shall so determine, and said company or its assigns 

20191 shall forfeit all payments of principal and interest made on such 

20192 purchase, and all right and title, legal and equitable, of any 

20193 kind whatsoever, in and to all and every part of said lands which 

20194 shall not have been before the date of such forfeiture earned 

20195 and paid for pursuant to the provisions of this treaty. And 

20196 whenever any patents shall issue to said railroad company for 

20197 any part of said lands, it shall contain the condition that the 

20198 said company shall sell the lands described in such patent, ex- 

20199 cept so much as shall be necessary for the working of the road, 

20200 within five years from the issuing of such patent. And said 

20201 company shall have the perpetual right of way over the lands of 

20202 the Kickapoos not sold to it for the construction and operation 

20203 of said railroad, not exceeding one hundred feet in width, and 

20204 the right to enter on said lands and take and use such gravel, 

20205 stone, earth, water, and other material, except timber, as may 

20206 be necessary for the construction and operation of the said road, 

20207 making compensation for any damages to improvements caused 

20208 by obtaining such material, and for any damages arising from 

20209 the location or running of said road, to improvements made be- 

20210 fore the road was located ; such damages and compensation, in 

20211 cases where said company and the persons whose improvements 

20212 are injured or the property taken cannot agree, to be ascertained 

20213 and adjusted under the direction of the Commissioner of Indian 

20214 Affairs. And in case said company shall not promptly pay the 

20215 amount of such damages and compensation, the Secretary of the 

20216 Interior may withhold patents for any part of the lands pur- 

20217 chased by them until payment be made of the amount of such 

20218 damages, with six per cent, interest thereon from the date when 

20219 the same, not including improvements, shall have been ascer- 



453 



20220 tained and demanded ; and in case said company shall not pur- 

20221 cbase said surplus lands, or having purchased, shall forfeit the 

20222 whole or any part thereof, the Secretary of the Interior shall 

20223 thereupon cause the same to be appraised at not less than one 

20224 dollar and twenty-five cents per acre, and shall sell the same in 

20225 quantities not exceeding one hundred and sixty acres at auction, 
2022(3 to the highest bidder for cash, at not less than [the] appraised 

20227 value: Provided, however, In case any of said lands have been 

20228 conveyed to bona-fide purchasers by said railroad company, such 

20229 purchasers shall be entitled to a patent for said lauds so pur- 

20230 chased by them on payment to the United States in trust for 

20231 said Kickapoos of the appraised value thereof, (exclusive of their 

20232 improvements,) and not less than one dollar and twenty-five 

20233 cents per acre therefor, under such rules and regulations as may 
20231 be prescribed by the Secretary of the Interior. On the purchase 

20235 of said lands by the said railroad company the same shall be- 

20236 come a part of the State of Kansas, but none of said lands shall 

20237 be subject to taxation until the patents have been issued there- 

20238 for. 

20239 Article 7. Stricken out. 

20240 Article 8. Stricken out, 

20241 Article 9. Stricken out, 

20242 Article 10. Whereas some years since a portion of the 

20243 Kickapoos went down among the Southern Indians, and there 

20244 is reason to believe that but few, if any, of them will ever return, 

20245 and they having been notified of the provisions of this treaty, 
2024G it is hereby agreed that they shall receive no benefits arising 

20247 therefrom, unless they return to the present reservation of the 

20248 Kickapoos within one year from the ratification of this treaty, 

20249 in which case it is hereby agreed that forty acres each be al- 

20250 lotted to them, with the understanding that they will occupy, 

20251 improve, and cultivate the same, and in every respect to be 

20252 governed by the same rules and regulations as is prescribed for 

20253 the government of the lands reserved by the preceding arti- 

20254 cles. 

20255 Article 11. There shall be reserved six hundred and forty 

20256 acres of land to be selected by the chiefs of said tribe of Kick- 

20257 a poos as a site for a saw and grist mill, three hundred and 

20258 twenty acres where the mission-house now is, and one hundred 

20259 and sixty acres where the house built for the agency now is, 

20260 which, with the improvements thereupon, shall be disposed of 

20261 when the objects for which they have been reserved shall have 

20262 been accomplished, in such a manner and for such purposes as 

20263 may be provided by law. 

20264 Article 12. Stricken out. 

20265 Article 13. Inasmuch as it was provided by the treaty 



454 



20266 between the United States and said Kickapoos, entered into on 

20267 the 18th day of May, A. D. 1854, proclaimed July 17, 1854, that 
2026S the President may cause to be surveyed, in the same manner 

20269 that the public lands are surveyed, the reservation provided for 

20270 the Kickapoos, it is agreed that the expense of said surveys 

20271 shall be paid by the United States out of the proceeds of sales 

20272 of said lands, and all expenses incident to the negotiation and 

20273 execution of this treaty, and not otherwise provided for, shall be 

20274 defrayed by the Kickapoos; the same to be deducted from any 

20275 funds applicable to that purpose now or hereafter held for them 

20276 in trust by the UnitedStates. 

20277 Article 14. It is further agreed that all rights, title, and 

20278 interest of the Kickapoos in their present reservation shall 

20279 cease, and the same is hereby ceded to and vested in the United 

20280 States, subject to the limitations and for the purposes herein ex- 

20281 pressed and provided for. 

20282 Article 15. Any stipulation in former treaties inconsistent 

20283 with those embraced in the foregoing articles shall be of no 

20284 force or effect, 

20285 Article 16. Should the Senate reject or amend any of the 

20286 foregoing articles, such rejection or amendment shall not affect 

20287 the other provisions of this treaty, but the same shall go into 

20288 effect when ratified and approved, 

20289 Proclaimed May 28, 1863. 



20290 KICKAPOOS OF THE VERMILLION. 

20291 treaty made and concluded by Benjamin Parke, a commissioner 

20292 on the part of the United States of America, of the one part, 

20293 and the chiefs, warriors, and head-men of the tribe of Kicka- 

20294 poos of the Vermilion, of the other part. 

20295 Article 1. The chiefs, warriors, and head-men of the said 

20296 tribe agree to cede, and hereby relinquish, to the United States, 

20297 all the lands which the said tribe has heretofore possessed, or 

20298 which they may rightfully claim, on the Wabash River, or any 

20299 of its waters. 

20300 Article 2. And to the end that the United States may be 

20301 enabled to fix with the other Indian tribes a boundary between 

20302 their respective claims, the chiefs, warriors, and head-men of 

20303 the said tribe do hereby declare that their rightfull claim is as 

20304 follows, viz : Beginning at the northwest corner of the Vin- 

20305 cennes tract ; thence westwardly, by the boundary established 

20306 by a treaty with the Piankeshaws on the thirtieth day of De- 



455 



20307 cember, eighteen hundred and five, to the dividing ridge be- 

20308 tween the waters of the Embarras and the Little Wabash; 

20309 thence by the said ridge to the source of the Vermilion River; 

20310 thence by the same ridge to the head of Pine Creek ; thence by 

20311 the said creek to the Wabash River ; thence by the said river 

20312 to the mouth of the Yermilion River ; and thence by the Ver- 

20313 milion, and the boundary heretofore established, to the place of 

20314 beginning. 

20315 Article 3. The said chiefs, warriors, and head-men of the 

20316 said tribe agree to relinquish, and they do hereby exonerate and 

20317 discharge the United States from, the annuity of one thousand 
2031cS dollars, to which they are now entitled. In consideration 

20319 whereof, and of the cession hereby made, the United States 

20320 agree to pay the said tribe two thousand dollars annually, in 

20321 specie, for ten years; which, together with three thousand dol 

20322 lars now delivered, is to be considered a full compensation for 

20323 the cession hereby made, as also of all annuities, or other 

20324 claims of the said tribe against the United States by virtue of 

20325 any treaty with the said United States. 

20326 Article 4. As the said tribe contemplate removing from 

20327 the country they now occupy, the annuity herein provided for 

20328 shall be paid at such place as may be hereinafter agreed upon 

20329 between the United States and said tribe. 

20330 Article 5. This treaty, after the same shall be ratified by 

20331 the President and Senate of the United States, shall be binding 

20332 on the contracting parties. 

20333 Proclaimed May 10, 1820. 

20334 Articles of a convention made and concluded between Benjamin 

20335 Parke, a commissioner on the part of the United States for 

20336 that purpose, of the one part, and the chiefs, warriors, and 

20337 head-men of the tribe of KicJccvpoos of the Yermilion, of the 

20338 other part. 

20339 Article 1. It is agreed that the annuity secured to the 

20340 said tribe by the treaty of the thirtieth of August, eighteen 

20341 hundred and nineteen, shall hereafter be paid to the said tribe 

20342 at Kaskaskias, in the State of Illinois. 

20343 Article 2. As the said tribe are now about leaving their 

20344 settlements on the Wabash, and have desired some assistance 

20345 to enable them to^remove, the said Benjamin Parke, on behalf 

20346 of the United States, has paid and advanced to the said tribe 

20347 two thousand dollars, the receipt whereof is hereby aeknowl- 

20348 edged ; which said sum of two thousand dollars is to be cousid- 

20349 ered as an equivalent, in full, for the annuity due the said tribe 

20350 by virtue of the aforesaid treaty, for the year eighteen hundred 

20351 and twenty-one. 

20352 Proclaimed January 8 1821. 



456 



20353 KIOWAS, KATAKAS, ETC. 

20354 Treaty ivitli the Kioway, Ka-ta-Jca, and Ta-wa-ka-ro Nations of 

20355 Indians. 

20356 Whereas a treaty of peace and friendship was made and 

20357 signed on the 24th day of August, 1835, between Montfort Stokes 

20358 and Brigadier-General Matthew Arbuckle, commissioners on be- 

20359 half of the United States, on the one part, and the chiefs, and 

20360 head-men, and representatives of the Comanche, Witchetaw, 

20361 Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw 

20362 Nations or tribes of Indians, on the other part ; and 

20363 , Whereas the said treaty has been duly ratified by the Gov* 

20364 eminent of the United States, now know all whom it may com 

20365 cern, that the President of the United States, by letter of ap- 

20366 pointment and instructions of the 7th day of April, 1837, has 

20367 authorised Colonel A. P. Chouteau to make a convention or 

20368 treaty between the United States and any of the nations or 

20369 tribes of Indians of the Great Western Prairie, we the said 

20370 Montfort Stokes and A. P. Chouteau; commissioners of Indian 

20371 treaties, have this day made and concluded a treaty of peace 

20372 and friendship between the United States of America and the 

20373 chiefs, head men, and representatives of the Kioway, Ka-ta-ka, 

20374 and Ta-wa-ka-ro Nations of Indians on the following terms and 

20375 conditions, that is to say : 

20376 Article 1. There shall be perpetual peace and friendship 

20377 between all the citizens of the United States of America and 

20378 all the individuals composing the Kioway, Ka-ta-ka, and Ta-wa- 

20379 ka-ro Nations, and their associated bands or tribes of Indians 

20380 and between these nations or tribes and the Muscogee and 

20381 Osage Nations or tribes of Indians. 

20382 Article 2. Every injury, or act of hostility by one or either 

20383 of the contracting parties on the other, shall be mutually for- 

20384 given and forever forgot. 

20385 Article 3. There shall be a free and friendly intercourse 

20386 between all the contracting parties hereto j and it is distinctly 

20387 understood and agreed by the Kioway, Ka-ta-ka, and Ta-wa-ka- 

20388 ro Nations, and their associated bands or tribes of Indians, that 

20389 the citizens of the United States are freely permitted to pass and 

20390 repass through their settlements or hunting-ground without mo- 

20391 lestation or injury, on their way to any of the provinces of the 

20392 republics of Mexico or Texas, or returning therefrom, and that 

20393 the nations or tribes named in this article further agree to pay 

20394 the full value of any injury their people may do to the goods or 

20395 property of the citizens of the United States, taken or destroyed 



457 



20396 when peaceably passing through the country they inhabit or 

20397 hunt in, or elsewhere. And the United States hereby guarantee 

20398 to any Indian or Indians of the Kioway, Ka-ta-ka and Ta-wa- 

20399 ka-ro Nations, and their associated bands or tribes of Indians, a 

20400 full indemnification for any horses or other propercy which may 

20401 be stolen from them, Provided, That the property so stolen can- 

20402 not be recovered, and that sufficient proof is produced that it 

20403 was actually stolen by a citizen of the United States, and within 

20404 the limits thereof. 

20405 Article 4. It is understood and agreed by all the nations 

20406 or tribes of Indians, parties to this treaty, that each and all of 

20407 the said nations or tribes have free permission to hunt and trap 

20408 in the Great Prairie west of the Cross Timber to the western 

20409 limits of the United States. 

20410 Article 5. The Kioway, Ka-ta-ka, and Ta-wa-ka-ro Nations 
20411 ' and their associated bands or tribes of Indians agree and bind 

20412 themselves to pay full value for any injury their people rnay do 

20413 to the goods or other property of such traders as the President 

20414 of the United States may place near to their settlements or hunt- 

20415 ing-ground for the purpose of trading with them. 

20416 Article 6. The Kioway, Ka-ta-ka, and Ta-wa-ka-ro Nations 

20417 and their associated bands or tribes of Indians agree that, in 

20418 the event any of the red people belonging to the nations or tribes 

20419 of Indians residing south of the Missouri Eiver, and west of the 

20420 States of Missouri and Arkansas, not parties to this treaty, should 

20421 visit their towns, or be found on their hunting-ground, that they 

20422 will treat them with kindness and friendship, and do no injury 

20423 to them in any way whatever. 

20424 Article 7. Should any difficulty hereafter unfortunately 

20425 arise between any of the nations or tribes of Indians, parties 

20426 hereunto, in consequence of murder, the stealing of horses, cat- 

20427 tie, or other cause, it is agreed that the other tribes shall inter- 

20428 pose their good offices to remove such difficulties; and also that 

20429 the Government of the United States may take such measures 

20430 as they may deem proper to effect the same object, and see that 

20431 full justice is done to the injured party. 

20432 * Article 8. It is agreed by the commissioners of the United 

20433 States that in consequence of the Kioway, Ka-ta-ka, and Ta-wa- 

20434 ka-ro Nations and their associated bands or tribes of Indians, 

20435 having freely and willingly entered into this treaty, and it being 

20436 the first they have made with the United States, or any of the 

20437 contracting parties, that they shall receive presents immediately 

20438 after signing, as a donation from the United States : nothing 

20439 being asked from the said nations or tribes in return, except to 

20440 remain at peace with the parties hereto, which their own good 

20441 and that of their posterity require. 

58 I T 



458 



20442 Article 9. The Kiowa y, Ka-ta-ka, and Ta-wa-ka-ro Nations, 

20443 and their associated bands or tribes of Indians, agree that their 

20444 entering into this treaty shall in no respect interrupt their 

20445 friendly relations with the republics of Mexico and Texas, 

20446 where they all frequently hunt, and the Kioway, Ka-ta-ka, and 

20447 Ta-wa-ka-ro Nations sometimes visit ; and it is distinctly under - 

20448 stood that the Government of the United States desire that 

20449 perfect peace shall exist between the nations or tribes named in 

20450 this article, and the said republics. 

20451 Article 10. This treaty shall be obligatory on the nations 

20452 or tribes, parties hereto, from and after the date hereof, and on 

20453 the United States, from and after its ratification by the Govern - 

20454 ment thereof. 

20455 Proclaimed February 21. 1838. ^ 



50456 31 AH AS. 



20457 A treaty of peace and friendship, made and concluded between 

20458 William Clark, Xinian Edwards, and Auguste Chouteau, 

20459 commissioners plenipotentiary of the United States of Amer- 

20460 ica. on the part and behalf of the said States, of the one part, 

20461 and the chiefs and warriors of the Malms, on the part and 

20462 behalf of said tribe or nation, of the other part. 

20463 The parties being desirous of re-establishing peace and 

20464 friendship between the United States and the said tribe or 

20465 nation, and of being placed in all things, and in every respect. 

20466 on the same footing upon which they stood before the late war 

20467 between the United States and Great Britain, have agreed to 

20468 the following articles : 

20469 Article 1. Every injury or act of hostility committed by 

20470 one or either of the contracting parties against the other, shall 

20471 be mutually forgiven and forgot. 

20472 Article 2. There shall be perpetual peace and friendship 

20473 between all the citizens of the United States of America and 

20474 all the individuals composing the tribe or nation of the Mahas, 

20475 and all friendly relations that existed between them before the 

20476 war, shall be, and the same are hereby, renewed. 

20477 Article 3. The undersigned chiefs and warriors, for them- 

20478 selves and their said tribe or nation, do hereby acknowledge 

20479 themselves and their tribe or nation to be under the protection 

20480 of the United States, and of no other nation, power, or sov- 

20481 ereign, whatsoever. 

20482 Ratified December 26, 1815. 



459 



20483 For the purpose of perpetuating the friendship which has 

20484 heretofore existed, as also to remove all future cause of discos- 

20485 sion or dissention, as it respects trade and friendship between 

20486 the United States and their citizens, and the Ifcfaha tribe of 

20487 Indians, the President of the United States of America, by 

20488 Brigadier-General Henry Atkinson, of the United States Army, 

20489 and Major Benjamin O r Fallon, Indian agent, with foil powers 

20490 and authority, specially appointed and commissioned for that 
20494 purpose, of the one part, and the undersigned chiefs, head- 

20492 men, and warriors of the said Maha tribe of Indians, on be- 

20493 half of their tribe, of the other part, have made and entered 

20494 into the following articles and conditions, which, when ratified 

20495 by the President of the United States, by and with the advice 

20496 and consent of the Senate, shall be binding on both parties, 

20497 to wit : 

20498 Article 1. It is admitted by the Maha tribe of Indians 

20499 that they reside within the territorial limits of the United States, 

20500 acknowledge their supremacy, and claim their protection. The 

20501 said tribe also admit the right of the United States to regulate 

20502 all trade and intercourse with them. 

20503 Article 2. The United States agree to receive the Maha 

20504 tribe of Indians into their friendship, and under their protection, 

20505 and to extend to them, from time to time, such benefits and acts 

20506 of kindness as may be convenient and seem just and proper to 

20507 the President of the United States. 

20508 Article 3. All trade and intercourse with the Maha tribe 

20509 shall be transacted at such place or places as maybe designated 

20510 and pointed out by the President of the United States, through 

20511 his agents ; and none but American eitazens, duly authorized by 

20512 the United States, shall be admitted to trade or hold intercourse 

20513 with said tribe of Indians. 

20514 Article 4. That the Maha tribe may be accommodated 

20515 with such articles of merchandize, &c, as their necessaries may 

20516 demand, the United States agree to admit and licence traders 

20517 to hold intercourse with said tribe, under mild and equitable regu- 

20518 lations ; in consideration of which the Maha tribe bind themselves 

20519 to extend protection to the persons and the property of the traders, 

20520 and the persons legally employed under them, whilst they remain 

20521 within the limits of their particular district of country. And 

20522 the said Maha tribe further agree, that it' any foreigner, or other 

20523 person not legally authorized by the United States, shall come 

20524 into their district of country, for the purposes of trade or other 

20525 views, they will apprehend such person or persons, and deliver 

20526 him or them to some United States superintendent or ageut of 

20527 Indian affairs, or to the commandant of the nearest military 



460 



20528 post, to be dealt with according to law. And they further agree 

20529 to give safe conduct to all persons who may be legally authorized 

20530 by the United States to pass through their country ; and to pro- 

20531 tect in their persons and property all agents or other persons sent 

20532 by the United States to reside temporarily among them ; nor 

20533 will they, whilst on their distant excursions, molest or interrupt 

20534 any American citizen or citizens who may be passing from the 

20535 United States to New Mexico, or returning from thence to the 

20536 United States. 

20537 Article 5. That the friendship which is now established 

20538 between the United States and the Maha tribe should not be 

20539 interrupted by the misconduct of individuals, it is hereby agreed 

20540 that for injuries done by individuals, no private revenge or retal- 

20541 iation shall take place, but instead thereof, complaints shall be 

20542 made by the party injured 5 to the superintendent or agent of 

20543 Indian affairs, or other person appointed by the President ; and 

20544 it shall be the duty of said chiefs, upon complaint being made 

20545 as aforesaid, to deliver up the x>erson or persons against whom 

20546 the complaint is made, to the end that he or they may be pun- 

20547 ished agreeably to the laws of the United States. And, in like 

20548 manner, if any robbery, violence, or murder shall be committed 

20549 on any Indian or Indians belonging to said tribe, the person or 

20550 persons so offending shall be tried, and if found guilty shall be 

20551 punished in like manner as if the injury had been done to a white 

20552 man. And it is agreed that the chiefs of said Maha tribe shall? 

20553 to the utmost of their power, exert themselves to recover horses 

20554 or other property which may be stolen or taken from any citizen 

20555 or citizens of the United States, by any individual or individuals 

20556 of said tribe ; and the property so recovered shall be forthwith 

20557 delivered to the agents or other person authorized to receive it, 

20558 that it may be restored to the proper owner. And the United 

20559 States hereby guarranty to any Indian or Indians of said tribe 

20560 a full indemnification for any horses or other property which may 

20561 be stolen from them by any of their citizens : Provided, That 

20562 the property stolen cannot be recovered, and that sufficient proof 

20563 is produced that it was actually stolen by a citizen of the United 

20564 States. And the said Maha tribe engage, on the requisition or 

20565 demand of the President of the United States, or of the agents? 

20566 to deliver up any white man resident among them. 

20567 Article 6. And the chiefs and warriors, as aforesaid, prom- 

20568 ise and engage that their tribe will never, by sale, exchange, or 

20569 as presents, supply any nation, tribe, or band of Indians, not in 

20570 amity with the United States, with guns, ammunition, or other 

20571 implements of war. 

20572 Proclaimed February 6, 1826. 



461 



20573 MAKAHS. 

20574 Treaty between the United States of America and the MaJcha tribe of 

20575 Indians; concluded at Neah Bay, Washington Territory, Jan- 

20576 nary 31, 1855 ; ratified by t\e Senate, March 8, 1 829. 

20577 James Buchanan, President of the United States of America, 

20578 to all aud singular to whom these presents shall come, greet- 

20579 ing : 

20580 Whereas a treaty was made and concluded at JS T eah Bay, in 

20581 the Territory of Washington, on the thirty-first day of January, 

20582 eighteen hundred and fifty-five, between Isaac I. Stevens, gov- 

20583 ernor and superintendent of Indian affairs for said Territory, on 
20581 the part of the United States, and the hereinafter-named chiefs? 

20585 head-men, and delegates of the several villages of the Makah 

20586 tribe of Indians, viz: Neak 5 Waatch, Tsoo-Yess, and Osett, occu- 

20587 pying the country around Cape Classett or Flattery, on behalf 

20588 of the said tribe and duly authorized by the same; which treaty 

20589 is in the words and figures following, to wit : 

20590 Articles of agreement and convention, made and concluded at 

20591 Neah Bay, in the Territory of Washington, this thirty-first 

20592 day of January, in the year eighteen hundred and fifty-five, 

20593 by Isaac I. Stevens, governor and. superintendent of Indian 
20591 affairs for the said Territory, on the part of the United 

20595 States, and the undersigned chiefs, head-men, and delegates 

20596 of the several villages of the Makah tribe of Indians, viz : 

20597 jSeak Waatch, Tsoo-Tess, and Osett, occupying the country 

20598 around Cape Classett or Flattery, on behalf of the said 

20599 tribe and duly authorized by the same. 

20600 Article 1. The said tribe hereby cedes, relinquishes, and 

20601 conveys to the United States all their right, title, and interest 

20602 in and to the lands and country occupied by it, bounded and 

20603 described as follows, viz : Commencing at the mouth of the 
20601 Oke-ho Eiver, on the Straits of Fuca; thence running west- 

20605 warclly with said straits to Cape Classett or Flattery; thence 

20606 southwardly along the coast to Osett, or the Lower Cape Flat- 

20607 tery ; thence eastwardly along the line of lands occupied by the 

20608 Kwe-deh-tut or Kwill-eh-yute tribe of Indians, to the summit of 

20609 the coast-range of mountains, and thence northwardly along the 

20610 line of lands lately ceded to the United States by the S'Klallam 

20611 tribe to the place of beginning, including all the islands lying 

20612 off the same on the straits and coast. 

20613 Article 2. There is, however, reserved for the present use 
50611 and occupation of the said tribe the following tract of land, viz : 
20615 Commencing on the beach at the mouth of a small brook 



462 



20616 running into Neah Bay next to the site of the old Spanish fort ; 

20617 thence along the shore round Cape Classett or Flattery, to the 

20618 mouth of another small stream running into the bay on the 

20619 south side of said cape, a little above the Waatch village; 

20620 thence following said brook to its source; thence in a straight 

20621 line to the source of the first-mentioned brook, and thence fol- 

20622 lowing the same down to the place of beginning ; which said 

20623 tract shall be set apart, and so far as necessary surveyed and 

20624 marked out for their exclusive use ; nor shall any white man be 

20625 permitted to reside upon the same without permission of the 

20626 said tribe and of the superintendent or agent; but if necessary 

20627 for the public convenience, roads may be run through the said 

20628 reservation, the Indians being compensated for any damage 

20629 thereby done them. It is, however, understood that should the 

20630 President of the United States hereafter see fit to place upon 

20631 the said reservation any other friendly tribe or band to occupy 

20632 the same in com-mon with those above mentioned, he shall be at 

20633 liberty to do so. 

20631 Article 3. The said tribe agrees to remove to and settle 

20635 upon the said reservation, if required so to do, within one year 

20636 after the ratification of this treaty, or sooner, if the means are 

20637 furnished them. In the mean time it shall be lawful for them 

20638 to reside upon any land not in the actual claim and occupation 

20639 of citizens of the United States, and upon any laud claimed or 

20640 occupied, if with the permission of the owner. 

20641 Article 4. The right of taking fish and of whaling or seal- 

20642 ing at usual and accustomed grounds and stations is further 

20643 secured to said Indians in common with all citizens of the 

20644 United States, and of erecting temporary houses for the purpose. 

20645 of curing, together with the privilege of hunting and gathering 

20646 roots and berries on open and unclaimed lands : Provided, liow- 

20647 ever, That they shall not take shell fish from any beds staked or 

20648 cultivated by citizens. 

20649 Article 5. In consideration of the above cession the 

20650 United States agree to pay to the said tribe the sum of thirty 

20651 thousand dollars, in the following manner, that is to say : Dur- 

20652 ing the first year after the ratification hereof, three thousand 
20053 dollars ; for the next two years, twenty-five hundred dollars each 

20654 year ; for the next three years, two thousand dollars each year ; 

20655 for the next four years, one thousand five hundred dollars each 

20656 year ; and for the next ten years, one thousaud dollars each 

20657 year ; all which said sums of money shall be applied to the use 

20658 and benefit of the said Indians, under the direction of the Pres- 

20659 ident of the United States, who may, from time to time, deter- 

20660 mine, at his discretion, upon what beneficial objects to expend 

20661 the same. And the superintendent of Indian affairs, or other 



463 



20662 proper officer, shall, each year, inform the President of the wishes 

20663 of said Indians in respect thereto. 

20664 Article 6. To enable the said Indians to remove to and 

20665 settle upon their aforesaid reservation, and to clear, fence, and 

20666 break up a sufficient quantity of land for cultivation, the United 

20667 States farther agree to pay the sum of three thousand dollars, to 

20668 be laid out and expended under the direction of the President, 

20669 and in such manner as he shall approve. And any substantial 

20670 improvements heretofore made by any individual Indian, and 

20671 which he may be compelled to abandon in consequence of this 

20672 treaty, shall be valued under the direction of the President and 

20673 payment made therefor accordingly. 

20671 Article 7. The President may hereafter, when in his opin- 

20675 ion the interests of the Territory shall require, and the welfare 

20676 of said Indians be promoted thereby, remove them from said 

20677 reservation to such suitable place or places within said Territory 

20678 as he may deem fit, on remunerating them for their imj)rove- 

20679 ments and the expenses of their removal, or may consolidate 

20680 them with other friendly tribes or bands: and he may farther, 

20681 at his discretion, cause the whole, or any portion of the lands 

20682 hereby reserved, or such other land as may be selected in lien 

20683 thereof, to be surveyed into lots, and assign the same to such 
20681 individuals or families as are willing to avail themselves of the 

20685 privilege, and will locate thereon as a permanent home, on the 

20686 same terms and subject to the same regulations as are provided 

20687 in the sixth article of the treaty with the Omahas. so far as the 

20688 same may be practicable. 

20689 Article 8. The annuities of the aforesaid tribe shall not 

20690 be taken to pay the debts of individuals. 

20691 Article 9. The said Indians acknowledge their dependence 

20692 on the Government of the United States, and promise to be 

20693 friendly with all citizens thereof, and they pledge themselves to 
20691 commit no depredations on the property of such citizens. And 

20695 should any one or more of them violate this pledge, and the fact 

20696 be satisfactorily proven before the agent, the property taken 

20697 shall be returned, or in default thereof, or if injured or destroyed. 

20698 compensation maybe made by the Government out of their an- 

20699 unities. Xor will they make war on any other tribe except in 

20700 self-defence, but will submit all matters of difference between 

20701 them and other Indians to the Government of the United States 

20702 or its agent for decision and abide thereby. And if any of the 

20703 said Indians commit any depredations on any other Indians 
20701 within the Territory, the same rule shall prevail as that pre- 

20705 scribed in this article in case of depredations against citizens. 

20706 And the saict tribe agrees not to shelter or conceal offenders 



464 



20707 against the United States, but to deliver up the same for trial 

20708 by the authorities. 

20709 Aeticle 10. The above tribe is desirous to exclude from its 
"0710 reservation the use of ardent spirits, and to prevent its people 

20711 from drinking the same, and therefore it is provided that any 

20712 Indian belonging thereto who shall be guilty of bringing liquor 

20713 into said reservation, or who drinks liquor, may have his or her 

20714 proportion of the annuities withheld from him or her for such 

20715 time as the President may determine. 

20716 Aeticle 11. The United States further agree to establish 

20717 at the general agency for the district of Pagefs Sound, within 

20718 one year from the ratification hereof, and to support for the pe- 

20719 riod of twenty years, an agricultural and industrial school, to 

20720 be free to children of the said tribe in common with those of the 

20721 other tribes of said district, and to provide a smithy and 

20722 carpenters shop, and furnish them with the necessary tools and 

20723 employ a blacksmith, carpenter, and farmer for the like term to 
20721 instruct the Indians in their respective occupations : Provided, 

20725 however. That should it be deemed expedient a separate school 

20726 may be established for the benefit of said tribe and such others 

20727 as may be associated with it, and the like persons employed for 

20728 the same purposes at some other suitable place. And the United 

20729 States further agree to employ a physician to reside at the said 

20730 central agency, or at such other school should one be established, 

20731 who shall furnish medicine and advice to the sick, and shall 

20732 vaccinate them : the expenses of the said school, shops, persons 

20733 employed, and medical attendance to be defrayed by the United 
20731 States and not deducted from the annuities. 

20735 Aeticle 12. The said tribe agrees to free all slaves now 

20736 held by its people, and not to purchase or acquire others here- 

20737 after. 

20738 Aeticle 13. The said tribe finally agrees not to trade at 

20739 Vancouver's Island or elsewhere out of the dominions of the 

20710 United States, nor shall foreign iDdians be permitted to reside 

20711 in its reservation without consent of the superintendent or 

20712 agent. 

20713 Article 14. This treaty shall be obligatory on the con- 
20711 tracting parties as soon as the same shall be ratified by the Pres- 

20715 ident of the United States. 

20716 Proclaimed April 18, 1859. 

20717 MAXDAXS. 

20718 Treaty with the Mdndan tribe. 

20719 Whereas acts of hostility have been committed by some 

20750 restless men of the Mandan tribe of Indians upon some of the 

20751 citazens of the United States : 



465 



20752 Therefore, to put a stop to any further outrages of the sort, 

20753 and to establish a more friendty understanding between the 

20754 United States and. the said Mandan tribe, the President of the 

20755 United States, by Henry Atkinson, Brigadier-General of the 

20756 United States Army, and Major Benjamin O'Fallon, Indian 

20757 agent, commissioners duly appointed and commissioned to treat 

20758 with the Indian tribes beyond the Mississippi River, forgive the 

20759 offences which have been committed, the chiefs and warriors 

20760 having first made satisfactory explanations touching the same. 

20761 And, for the purpose of removing all future cause of misunder- 

207 62 standing as respects trade and friendly intercourse between the 

20763 parties, the above-named commissioners on the part of the 

20764 United States, and the undersigned chiefs and warriors of the 

20765 Mandan tribe of Indians on the part of said tribe, have made 

20766 and entered into the following articles and conditions, which, 

20767 when ratified by the President of the United States, by and with 

20768 the advice and consent of the Senate, shall be binding on both 

20769 parties, to wit : 

20770 Article 1. Henceforth there shall be a firm and lasting 

20771 peace between the United States and the Mandan tribe of In- 

20772 dians ; and a friendly intercourse shall immediately take place 

20773 between the parties. 

20774 Article 2. It is admitted by the Mandan tribe of Indians 

20775 that they reside within the territorial limits of the United States, 

20776 acknowledge their supremacy, and claim their protection. The 

20777 said tribe also admit the right of the United Slates to regulate 

20778 all trade and intercourse with them. 

20779 Article 3. The United States agree to receive the Mandan 

20780 tribe of Indians into their friendship and under their protection, 

20781 and to extend to them, from time to time, such benefits and acts 

20782 of kindness as may be convenient and seem just and proper to 

20783 the President of the United States. 

20784 Article 4. All trade and intercourse with the Mandan tribe 

20785 shall be transacted at such place or places as may be designated 

20786 and pointed out by the President of the United States through 

20787 his agents; and none but American citazens, duly authorized 

20788 by the United States, shall be admitted to trade or hold inter- 

20789 course with said tribe of Indians. 

20790 Article 5. That the Mandan tribe may be accommodated 

20791 with such articles of merchandize, &c, as their necessaties may 

20792 demand, the United States agree to admit; and licence traders to 

20793 hold intercourse with said tribe under mild and equitable regu- 

20794 lations ; in consideration of which the Mandan tribe bind thein- 

20795 selves to extend protection to the persons and the property of 

20796 the traders, and the persons legally employed under them, whilst 

20797 they remain within the limits of their district of country. And 

59 I T 



466 



20 798 tlie said Mandan tribe farther agree that if any foreigner or 

20799 other person not legally authorized by the United States shall 

20800 come into their district of country for the purpose of trade or 

20801 other views, they will apprehend such person or persons, and 

20802 deliver him or them to some United States superintendent or 

20803 agent of Indian affairs, or to the commandant of the nearest 

20804 military post, to be dealt with according to law. And they fur- 

20805 ther agree to give safe conduct to all persons who may be legally 

20806 authorized by the United States to pass through their country, 

20807 and to protect in their persona and property all agents or other 

20808 persons sent by the United States to reside temporarily among 

20809 them. 

20810 Article 6. That the friendship which is now established 

20811 between the United States and the Mandan tribe shall not be 

20812 interrupted by the misconduct of individuals, it is hereby agreed 

20813 that, for injuries done by individuals, no private revenge or re- 
20811 taliation shall take place, but instead thereof complaints shall 

20815 be made by the party injured to the superintendent or agent 

20816 of Indian affairs, or other person appointed by the President ; 

20817 and it shall be the duty of the said chiefs, upon complaint being 

20818 made as aforesaid, to deliver up the person or persons against 

20819 whom the complaint is made, to the end that he or they may be 

20820 punished agreeably to the laws of the United States. And, in 

20821 like manner, if any robbery, violence, or murder, shall be com- 

20822 mitted on any Indian or Indians belongiugto said tribe, the per- 

20823 son or persons so offending shall be tried, and if found guilty, 

20824 shall be punished in like manner as if the injury had been done 

20825 to a white man. And it is agreed that the chiefs of the said 

20826 Mandan tribe shall, to the utmost of their power, exert them- 

20827 selves to recover horses or other property which may be stolen 

20828 or taken from a citazen or citazens of the United States, by any 

20829 individual or individuals of said tribe; and the property so re- 

20830 covered shall be forthwith delivered to the agents or other per- 

20831 son authorized to receive it, that it may be restored to the 

20832 proper owner. And the United States hereby guaranty to any 

20833 Indian or Indians of said tribe a full indemnification for any 

20834 horses or other property which may be stolen from them by any 

20835 of their citazens : Provided, That the property so stolen cannot 

20836 be recovered, and that sufficient proof is produced that it was 

20837 actually stolen by a citazen of the United States. And the said 

20838 Mandan tribe engage, on the requisition or demand of the Pres- 

20839 ident of the United States, or of the agents, to deliver up any 

20840 white man resident among them. 

20841 Article 7. And the chiefs and warriors as aforesaid 

20842 promise and engage that their tribe will never, by sale, ex- 



4G7 



20843 change, or as presents, supply any nation, tribe, or band of In- 

20844 dians, not in amity with the United States, with gnus, ammu 

20845 nition, or other implements of war. 

20846 Proclaimed February 6, 1820. 

20847 MENOMENEES. 



20848 A treaty of peace and friendship made and concluded by and be- 

20849 tween William Clarlc, Ninia?i Edwards, and Auguste Chouteau, 

20850 commissioners on the part and behalf of the United States of 

20851 America, of the one part, and the undersigned chiefs and warriors, 

20852 deputed by the Menomenee tribe or nation of Indians, on the 

20853 part and behalf of their said tribe or nation, of the other 

20854 part. 

20855 The parties, being desirous of re-establishing peace and 

20856 friendship between the United States and the said tribe or na- 

20857 tion, and of being placed in all things, and in every respect, on 

20858 the same footing upon which they stood before the late war, 

20859 have agreed to the following articles : 

20860 Article 1. Every injury or act of hostility by one or 

20861 either of the contracting parties against the other shall be mu- 

20862 tually forgiven and forgot. 

20863 Article 2. There shall be perpetual peace and friendship 

20864 between all the citizens of the United States and all the indi- 

20865 viduals composing the said Menomenee tribe or nation. 

20866 Article 3. The undersigned chiefs and warriors, on the 

20867 part and behalf of their said tribe or nation, do, by these pres- 

20868 ents, confirm to the United States all and every cession of land 

20869 heretofore made by their tribe or nation to the British, French, 

20870 or Spanish government, within the limits of the United States, 

20871 or their territories and also all and every treaty, contract, and 

20872 agreement heretofore concluded between the said United States 

20873 and the said tribe or nation. 

20874 Article 4. The contracting parties do hereby agree, promise, 

20875 and oblige themselves, reciprocally, to deliver up all prisoners 

20876 now in their hands (by what means soever the same may have 

20877 come into their possession,) to the officer commanding at Prairie 

20878 du Ohien, to be by him restored to the respective parties hereto, 

20879 as soon as it may be practicable. 

20880 Article 5, The undersigned chiefs and warriors as afore- 

20881 said, for themselves and those they represent, do hereby acknowl- 

20882 edge themselves to be under the protection of the United States, 

20883 and of no other nation, power, or sovereign whatsoever. 

20884 Proclaimed December 26. 1817, 



468 



208S5 Articles of agreement made and concluded at the city of Washing* 

20556 ton, this eighth dag of February, one thousand eight hundred 

20557 and thirty-one, between John E. Eaton, Secretary of War, and 

20888 Samuel C. Stambaugh, Indian agent at Green Bay, specially 

20889 authorized by the President of the United States, and the under- 

20890 signed ch iefs and head-men of the Menomonee Nation of Indians, 

20891 fully authorized and empowered by the said nation to conclude 

20892 and settle all matters provided for by this agreement. 



20893 The Menoinonee tribe of Indians, by their delegates in coun 

20S91 cil, this day, define the boundaries of their country as follows, 

20895 to wit ; 

2089G On the east side of Green Bay, Fox Eiver, and Winnebago 

20897 Lake; beginning at the south end of Winnebago Lake ; thence 

20898 southeastwardly to the Milwaukyor Manawauky Eiver ; thence 

20899 down said river to its mouth at Lake Michigan ; thence north, 

20900 along the shore of'Lake Michigan, to the mouth of Green Bay; 

20901 thence up Green Bay, Fox Biver, and W T innebago Lake to the 

20902 place of beginning. And on the west side of Fox Biver asfol- 

20903 lows: beginning at the mouth of Fox Biver; thence down the 
20901 east shore of Green Bay, and across its mouth so as to include 

20905 all the islands of the " Grand Traverse ;■' thence westerly, on the 

20906 highlands between the Lake Superior and Green Bay, to the 

20907 upper forks of the Menomonee Biver; thence to the Plover 

20908 portage of the Wisconsin Biver; thence up the Wisconsin Biver 

20909 to the Soft Maple Biver ; thence to the source of the Soft Maple 

20910 Biver; thence west to the Plume Biver, which falls into the 

20911 Chippeway Biver ; thence down said Plume Biver to its mouth ; 

20912 thence down the Chippeway Biver thirty miles; thence east- 

20913 erly to the forks of the Manoy Biver, which falls into the Wis~ 
20911 consin Biver; thence down the said Manoy Biver to its mouth ; 

20915 thence down the Wisconsin Biver to the Wisconsin portage ; 

20916 thence across the said portage to the Fox Biver; thence down 

20917 Fox Biver to its mouth at Green Bay, or the place of beginning, 

20918 The country described within the above boundaries the Me- 

20919 nomonees claim as the exclusive property of their tribe. Not 

20920 yet having disposed of any of their lands, they receive no annu- 

20921 ities from the United States, whereas their brothers the Pooto- 

20922 wottomees on the south, and the Winnebagoes on the west, have 

20923 sold a great portion of their country, receive large annuities, 
20921 and are now encroaching upon the lands of the Menomonees. 

20925 For the purposes, therefore, of establishing the boundaries of. 

20926 their country, and of ceding certain portions of their lands to 

20927 the United States, in order to secure great and lasting benefits 

20928 to themselves and posterity, as well as for the purpose of set- 

20929 tling the long-existing dispute between themselves and the sev- 



469 



20930 eral tribes of the New York Indians, who claim to have pur- 

20931 chased a portion of their lands, the undersigned, chiefs and head- 

20932 men of the Menomonee tribe, stipulate and agree with the Uni ted 

20933 States as follows: 

20934 First. The Menomonee tribe of Indians declare themselve t lie 

20935 friends and allies of the United States, under whose parental 

20936 care and protection they desire to continue ; and although 

20937 always protesting that they are under no obligation to recog- 

20938 nise any claim of the New York Indians to any portion of their 

20939 country ; that they neither sold nor received any value for the 

20940 land claimed by these tribes ; yet at the solicitation of their 

20941 Great Father, the President of the United States, and as an 

20942 evidence of their love and veneration for him, they agree that 

20943 such part of the land described, being within the following 

20944 boundaries, as he may direct, may be set apart as a home to the 

20945 several tribes of the New York Indians, who may remove to and 

20946 settle upon the same within three years from the date of this 

20947 agreement, viz : beginning on the west side of Fox River, near 

20948 the " Little Kackalin," at a point known as the " Old Mill 

20949 Dam f thence northwest forty miles ; thence northeast to the 

20950 Oconto Creek, falling into Green Bay ; thence down said 

20951 Oconto Creek to Green Bay ) thence up and along Green 

20952 Bay and Fox River to the place of beginning ; excluding 

20953 therefrom all private land claims confirmed, and also the follow- 

20954 ing reservation for military purposes : beginning on the Fox 

20955 River, at the mouth of the first creek above Fort Howard ; 

20956 thence north sixty-four degrees west to Duck Creek ; thence 

20957 down said Duck Creek to its mouth; thence up and along 

20958 Green Bay and Fox River to the place of beginning. The 

20959 Menomonee Indians also reserve for the use of the United 

20960 States, from the country herein designated for the New York 

20961 Indians, timber and fire-wood for the United States garrison, 

20962 and as much land as may be deemed necessary for public high- 

20963 ways, to be located by the direction and at the discretion of 

20964 the President of the United States. The country hereby ceded 

20965 to the United States for the benefit of the New Y^ork Indians 

20966 contains by estimation about five hundred thousand acres, and 

20967 includes all their improvements on the west side of Fox River. 

20968 As it is intended for a home for the several tribes of the New 

20969 Y r ork Indians who may be residing upon the lands at the expira- 

20970 tion of three years from this date, and for none others, the Presi- 

20971 dent of the United States is hereby empowered to apportion the 

20972 lands among the actual occupants at that time, so as not to assign 

20973 to any tribe a greater number of acres than may be equal to one 

20974 hundred for each soul actually settled upon the lands, and if, at 

20975 the time of such apportionment, any lands shall reinaiu unoccu- 



470 



20976 pied by any tribe of the New York Indians, such portion as 

20977 would have belonged to said Indians, had it been occupied, shall 

20978 revert to the United States. That portion, if any, so reverting, 

20979 to belaid off by the President of the United States. It is dis- 

20980 tinctly understood that the lands hereby ceded to the United 

20981 States for the New York Indians are to be held by those tribes, 

20982 under such tenure as the Menonionee Indians now hold their 

20983 lands, subject* to such regulations and alteration of tenure as 

20984 Congress and the President of the United States shall from 

20985 time to time think proper to adopt. 

20986 Second. For the above cession to the United States for the 

20987 benefit of the New York Indians the United States consent to 

20988 pay theMenomonee Indians twenty thousand dollars, five thou- 

20989 sand to be paid on the first day of August next, and five thou- 

20990 sand annually thereafter, which sums shall be applied to the 

20991 use of the Menomonees after such manner as the President 

20992 of the United States may direct. 

20993 Third. The Menomonee tribe of Indians, in consideration of 
20991 the kindness and protection of the Government of the United 

20995 States, and for the purpose of securing to themselves and pos- 

20996 terity a comfortable home, hereby cede and forever relinquish to 

20997 the United States all their country on the southeast side of 

20998 Winnebago Lake, Fox River, and Green Bay, which they describe 

20999 in the following boundaries, to wit : Beginning at the south end 

21000 of Winnebago Lake and running in a southeast direction to 

21001 Milwauky or Manawauky Biver ; thence down said river to its 

21002 mouth 3 thence north, along the shore of Lake Michigan to the 

21003 entrance of Green Bay ; thence up and along Green Bay, Fox 

21004 Biver, and Winnebago Lake to the place of beginning, excluding 

21005 all private land claims which the United States have heretofore 

21006 confirmed and sanctioned. It is also agreed that all the islands 

21007 which lie in Fox Biver and Green Bay are likewise ceded ; the 

21008 whole comprising, by estimation, two million five hundred thou- 

21009 sand acres. 

21010 Fourth. The following-described tract of land, at present 

21011 owned and occupied by the Menomonee Indians, shall be set 

21012 apart and designated for their future homes, upon which their 

21013 improvements as an agricultural people are to be made : Begin- 

21014 ning on the west side of Fox Biver, at the " Old Mill Dam," 

21015 near the " Little Kackalin," and running up and along said river 

21016 to the Winnebago Lake; thence along said lake to the mouth 

21017 of Fox Biver ; thence up Fox Biver to the Wolf Biver ; thence 

21018 up Wolf Biver to a point southwest of the west corner of the 

21019 tract herein designated for the New York Indians ; thence north- 

21020 east to said west corner j thence southeast to the place of begin- 

21021 ning. The above reservation being made to the Menomonee 



471 



21022 Indians for the purpose of weaning them from their wandering 

21023 habits, by attaching them to comfortable homes, the President 

21024 of the United States, as a mark of affection for his children of 

21025 the Menomonee tribe, will cause to be employed five farmers of 

21026 established character for capacity, industry, and moral habits, 

21027 for ten successive years, whose duty it shall be to assist the 

21028 Menomonee Indians in the cultivation of their farms, and to in 

21029 struct their children in the business and occupation of farming. 

21030 Also, five females shall be employed, of like good character, for 

21031 the purpose of teaching young Menomonee women jn the busi- 

21032 ness of useful housewifery during a period of ten years. The 

21033 annual compensation allowed to the farmers shall not exceed 

21034 five hundred dollars, and that of the females three hundred dol- 

21035 lars. And the United States will cause to be erected houses 

21036 suited to their condition on said lands as soon as the Indians 

21037 agree to occupy them, for which ten thousand dollars shall be 

21038 appropriated ; also, houses for the farmers, for which three 

21039 thousand dollars shall be appropriated ; to be expended under 

21040 the direction of the Secretary of War. Whenever the Menomo- 

21041 nees thus settle their lands they shall be supplied with useful 

21042 household articles, horses, cows, hogs, and sheep, farming uten- 

21043 sils, and other articles of husbandry necessary to their comfort, 

21044 to the value of six thousand dollars ; and they desire that some 

21045 suitable device may be stamped upon such articles to preserve 

21046 them from sale or barter to evil-disposed white persons, none of 

21047 which, nor any other articles with which the United Statesinay 

21048 at any time furnish them, shall be liable to sale, or be disposed 

21049 of or bargained, without permission of the agent. The whole 

21050 to be under the immediate care of the farmers employed to re. 

21051 main among said Indians, but subject to the general controul 

21052 of the United States Indian agent at Green Bay, acting under 

21053 the Secretary of War. The United States will erect a grist and 

21054 saw mill on Fox Eiver for the benefit of the Menomonee Indians, 

21055 and employ a good miller, subject to the direction of the agent, 

21056 whose business it shall be to grind the grain required for the 

21057 use of the Menomonee Indians and saw the lumber necessary 

21058 for building on their lands, as also to instruct such young men 

21059 of the Menomonee Nation as desire to and conveniently can 

21060 be instructed in the trade of a miller. The expenses of erecting 

21061 such mills and a house for the miller to reside in shall not ex- 

21062 ceed six thousand dollars, and the annual compensation of the 

21063 miller shall be six hundred dollars, to continue for ten years. 

21064 And if the mills so erected by the United States can saw more 

21065 lumber or grind more grain than is required for the proper use 

21066 of said Menomonee Indians, the proceeds of such milling shall 



472 



21067 be applied to the payment of other expenses occurring in the 

2106S Green Bay agency, under the direction of the Secretary of TTar. 

21069 In addition to the above provision made for the Menomo- 

21070 nee Indians, the President of the United States will cause articles 

21071 of clothing to be distributed among their tribe at Green Bay. 

21072 within six months from the date of this agreement, to the amount 

21073 of eight thousand dollars ; and flour and wholesome provisions 

21074 to the amount ot one thousand dollars, one thousand dollars to 

21075 be paid in specie ; the cost of the transportation of the clothing 

21076 and provisions to be included in the sum expended. There shall 

21077 also be allowed annually thereafter, for the space of twelve suc- 
2107S cessive years, to the Menonionee tribe, in such manner and form 

21079 as the President of the United States shall deem most beneficial 

21080 and advantageous to the Indians, the sum of six thousand dol- 
210S1 lars. As a matter of great importance to the Menoinonees, there 

2 1082 shall be one or more gun and black smith's shops erected, to be 

21083 supplied with a necessary quantity of iron and steel, which, with 
21081: a shop at Green Bay, shall be kept up for the use of the tribe, 

21085 and continued at the discretion of the President of the United 

21086 States. There shall also be a house for an interpreter to reside 

21087 in, erected at Green Bay, the expenses not to exceed five hun- 

21088 dred dollars. 

21089 Fifth. In the treaty of Butte des Moris, concluded in August, 

21090 1827, an article is contained, appropriating one thousand five 

21091 hundred dollars annually, for the support of schools in the 

21092 Menonionee country. And the representatives of the Menoino- 
2109*3 nee Nation, who are parties hereto, require, and it is agreed to, 

21094 that said appropriation shall be increased five hundred dollars. 

21095 and continued for ten years from this date, to be placed in the 

21096 hands of the Secretary at War, in trust for the exclusive use and 

21097 benefit of the Menonionee tribe of Indians, and to be applied by 

21098 him to the education of the children of the Meuomonee Indians, 

21099 in such manner as he may deem most advisable. 

21100 Sixth. The Meuomonee tribe of Indians shall be at liberty 

21101 to hunt and fish on the lands they have now ceded to the 

21102 United States, on the east side of Pox Biver and Green Bay, 

21103 with the same privileges they at present enjoy, until it be sur- 
21101 veyed and offered for sale by the President ; they conducting 

21105 themselves peaceably and orderly. The chiefs and warriors of 

21106 the Meuomonee Xation, acting under the authority and on behalf 

21107 of their tribe, solemnly pledge themselves to preserve peace and 

21108 harmony between their people and the Government of the United 

21109 States forever. They neither acknowledge the power nor pro- 

21110 tection of any other State or people. A departure from this 

21111 pledge by any portion of their tribe shall be a forfeiture of the 

21112 protection of the United States Government, and their annuities 

21113 will cease. In thus declaring their friendship for the United 



473. 



21114 States, however, the Menomonee tribe of Indians, having the 

21115 most implicit confidence in their Great Father, the President of 

21116 the United States, desire that he will, as a kind and faithful 

21117 guardian of their welfare, direct the provisions of this compact to 

21118 be carried into immediate effect. The Menomonee chiefs re- 

21119 quest that such part of it as relates to the New York Indians 

21120 be immediately submitted to the representatives of their tribes. 

21121 And if they refuse to accept the provision made for their benefit, 

21122 and to remove upon the lands set apart for them, on the west 

21123 side of Fox Eiver, that he will direct their immediate removal 

21124 from the Menomonee country ; but if they agree to accept of the 

21125 liberal offer made to them by the parties to this compact, then 

21126 the Menomonee tribe, as dutiful children of their Great Father the 

21127 President, will take them by the hand as brothers, and settle 

21128 down with them in peace and friendship. 

21129 The boundary, as stated and defined in this agreement, of 

21130 the Menomonee country, with the exception of the cessions 

21131 hereinbefore made to the United States, the Meuomonees claim 

21132 as their country ; that part of it adjoining the farming country, 

21133 on the west side of Fox Eiver, will remain to them as heretofore? 

21134 for a hunting ground, until the President of the United States 

21135 shall deem it expedient to extinguish their title. In that case 

21136 the Menomonee tribe promise to surrender it immediately, upon 

21137 being notified of the desire of Government to possess it ; the 

21138 additional annuity then to be paid to the Menomonee tribe to 

21139 be fixed by the President of the United States. It is conceded 

21140 to the United States that they may enjoy the right of making 

21141 such roads, and of establishing such military posts, in any part 

21142 of the country now occupied by the Menoinonee Nation, as the 

21143 President at any time may think proper. 

21144 As a further earnest of the good feeling on the part of their 

21145 Great Father, it is agreed that the expenses of the Menomonee 

21146 delegation to the city of Washington, and of returning, will be 

21147 paid, and that a comfortable suit of clothes will be provided for 

21148 each ; also, that the United States will cause four thousand dollars 

21149 to be expended in procuring fowling-guns, and ammunition for 

21150 them ; and likewise, in lieu of any garrison rations, hereafter 

21151 allowed or received by them, there shall be procured and given 

21152 to said tribe one thousand dollars 7 worth of good and wholesome 

21153 provisions annually, for four years, by which time it is hoped 

21154 their hunting habits may cease, and their attention be turned 

21155 to the pursuits of agriculture. 

21156 SUPPLEMENTARY ARTICLES. 

21157 First. It is agreed between the undersigned, commissioners 

21158 on behalf of the United States, and the chiefs and warriors 

60 i T 



474 



21159 representing the Menotnonee tribe of Indians, that, for the rea- 

21160 sons above expressed, snch parts of the first article of the agree- 

21161 ment entered into between the parties hereto, on the eighth 

21162 instant, as limits the removal and settlement of the New York 

21163 Indians upon the lands therein provided for their future homes, 
21161 to three years, shall be altered and amended, so as to read as 

21165 follows: That the President of the United States shall prescribe 

21166 the time for the removal and settlement of the New York In- 

21167 dians upon the lands thus provided for them; and, at the expi- 

21168 ration of such reasonable time, he shall apportion the land 

21169 among the actual settlers, in such manner as he shall deem 

21170 equitable and just. And if, within such reasonable time as the 

21171 President of the United States shall prescribe for that purpose, 

21172 the New York Indians shall refuse to accept the provisions 

21173 made for their benefit, or, having agreed, shall neglect or refuse 
21171 to remove from New York, and settle on the said lands, within 

21175 the time prescribed for that purpose, that then, and in either of 

21176 these events, the lands aforesaid shall be and remain the prop- 

21177 erty of the United States, according to said first article, except- 

21178 ing so much thereof as the President shall deem justly due to 

21179 such of the New York Indians as shall actually have removed 

21180 to and settled on the said lands. 

21181 Second. It is further agreed that the part of the sixth ar- 

21182 ticle of the agreement aforesaid which requires the removal of 

21183 those of the New York Indians who may not be settled on the 

21184 lands at the end of three years, shall be so amended as to leave 

21185 such removal discretionary with the President of the United 

21186 States j the Menomonee Indians having full confidence that iu 

21187 making his decision he will take into consideration the welfare 

21188 and prosperity of their nation: Provided, That for the purpose 

21189 of establishing the rights of the New York Indians on a per- 

21190 manent and just footing, the said treaty shall be ratified with 

21191 the express understanding that two townships of land on the 

21192 east side of the Winnebago Lake, equal to forty-six thousand 

21193 and eighty acres, shall be laid off, (to commence at some point 
21191 to be agreed on,) for the use of the Stockbridge and Munsee 

21195 tribes ; and that the improvements made on the lands now in the 

21196 possession of the said tribes, on the east side of the Fox Eiver, 

21197 which said lands are to be relinquished, shall, after being valued 

21198 by a commissioner to be appointed by the President of the 

21199 United States, be paid for by the Government: Provided, hoiv- 

21200 ever, That the valuation of such improvements shall not exceed 

21201 the sum of twenty-five thousand dollars ; and that there shall 

21202 be one township of land, adjoining the foregoing, equal to 

21203 twenty-three thousand and forty acres, laid off and granted for 

21204 the use of the Brothertown Indians, who are to be paid, by 



475 



21205 the Government, the sum of one thousand six hundred dollars 

21206 for the improvements on the lands now in their possession on 

21207 the east side of Fox River, and which lands are to be relin- 

21208 quished by said Indians; also, that a new line shall be run, 

21209 parallel to the southwestern boundary-line or course of the tract 

21210 of five hundred thousand acres described in the first article of 

21211 this treaty, and set apart for the New York Indians, to com- 

21212 mence at a point on the west side of the Fox River, and one 

21213 mile above the Grand Shute on Fox River, and at a sufficient 

21214 distance from the said boundary -line, as established by the said 

21215 first article, as shall comprehend the additional quantity of two 

21216 hundred thousand acres of land, on and along the west side of 

21217 Fox River, without including any of the confirmed private land 

21218 claims on the Fox River, and which two hundred thousand 

21219 acres shall be a part of the five hundred thousand acres intended 

21220 to be set apart for the Six Nations of the New York Indians and 

21221 the St. Regis tribe; and that an equal quantity to that which 

21222 is added on the southwestern side shall be taken off from the 

21223 northeastern side of the said tract, described in that article, on 

21224 the Oconto Creek, to be determined by a commissioner to be 

21225 appointed by the President of the United States ; so that the 

21226 whole number of acres to be granted to the Six Nations and St. 

21227 Regis tribe of Indians shall not exceed the quantity originally 

21228 stipulated by the treaty. 

21229 Proclaimed July 9, 1832. 

21230 Whereas articles of agreement between the United States 

21231 of America, and the Menominee Indians, were made and con- 

21232 eluded at the city of Washington, on the eighth day of February, 

21233 A. D. one thousand eight hundred and thirty-one, by John H. 

21234 Eaton and Samuel C. Stambaugh, commissioners on the part of 

21235 the United States, and certain chiefs and head-men of the Meno- 

21236 minee Nation, on the part of said nation ; to which articles an ad- 

21237 dition or supplemental article was afterwards made, on the 17th 

21238 day of February, in the same year, by which the said Menominee 

21239 Nation agree to cede to the United States certain parts of their 

21240 land ; and that a tract of country therein defined shall be set apart 

21241 for the New York Indians. All which, with the many other stip- 

21242 ulations therein contained, will more fully appear by reference 

21243 to the same. Which said agreements thus forming a treaty, were 

21244 laid before the Senate of the United States during their then 

21245 session, but were not at said session acted on by that body. 

21246 Whereupon a further agreement was on the fifteenth day of 

21247 March, in the same year, entered into for the purpose of pre- 

21248 serving the provisions of the treaty, made as aforesaid ; by 

21249 which it is stipulated that the said articles of agreement, con- 



476 



21250 eluded as aforesaid, should be laid before the next Senate of the 

21251 United States, at their ensuing session ; and if sanctioned and 

21252 confirmed by them, that each and every article thereof should be 

21253 as binding and obligatory upon the parties respectively as if 

21254 they had been sanctioned at the previous session. And 

21255 Whereas the Senate of the United States, by their resolution 

21256 of the twenty-fifth day of June, one thousand eight hundred and 

21257 thirty-two, did advise and consent to accept, ratify, and confirm 

21258 the same, and every clause and article thereof, upon the condi- 

21259 Hons expressed in the proviso contained in their said resolution, 

21260 which proviso is as follows : " Provided, That for the purpose of 

21261 establishing the rights of the New York Indians on a perma- 

21262 nent and just footing, the said treaty shall be ratified, w r ith-the 

21263 express understanding that two townships of land on the east 

21264 side of Winnebago Lake, equal to forty-six thousand and eighty 

21265 acres, shall be laid off (to commence at some point to be agreed 

21266 on) for the use of the Stockbridge and Munsee tribes; and that 

21267 the improvements made on the lands now in the possession of 

21268 the said tribes on the east side of the Fox Eiver, which said 

21269 lands are to be relinquished, shall, after being valued by a com- 

21270 missioner to be appointed by the President of the United States, 

21271 be paid for by the Government : Provided, however, That the 

21272 valuation of such improvements shall not exceed the sum of 

21273 twenty-five thousand dollars. And that there shall be one town- 

21274 ship of land adjoining the foregoing, equal to twenty-three thou- 

21275 sand and forty acres, laid off' and granted for the use of the 

21276 Brothertowri Indians, who are to be paid by the Government 

21277 the sum of one thousand six hundred dollars for the improve- 

21278 ments on the lands now in their possession, on the east side of 

21279 Fox River, and which lands are to be relinquished by said In- 

21280 dians; also that a new line shall be run, parallel to the south - 

21281 western boundary-line or course of the tract of five hundred 

21282 thousand acres described in the first article of this treaty, and 

21283 set apart for the New York Indians, to commence at a poiut on the 

21284 west side of the Fox River, and one mile above the Grand Shute, 

21285 on Fox River, and at a sufficient distance from the said bound- 

21286 ary-line as estimated by the said first article, as shall compre- 

21287 hend the additional quantity of two hundred thousand acres of 

21288 land on and along the west side of Fox River, without including 

21289 any of the confirmed private land claims on the Fox River ; 

21290 and which two hundred thousand acres shall be a part of the 

21291 five hundred thousand acres intended to be set apart for the 

21292 Six Nations of the New York Indians and the St. Regis tribe ; 

21293 and that an equal quantity to that which is added to the south- 

21294 western side shall be taken off from the northeastern side of the 

21295 said tract described in that article, on the Oconto Creek, to be 



477 



2129G determined by a commissioner to be appointed by the President 

21297 of the United States ; so that the whole number of acres to be 

21298 granted to the Six Nations and St. Kegis tribe of* Indians shall 

21299 not exceed the quantity originally stipulated by the treaty.'- 

21300 And 

21301 Whereas, before the treaty aforesaid, conditionally ratified, 

21302 according to the proviso to the said resolution of the Senate, 

21303 above recited, could be obligatory upon the said Menominee 

21304 Xation. their assent to the same must be had and obtained. 

21305 And whereas the honorable Lewis Cass, Secretary of the 
21300 Department of War. by his letter of instructions of the eleventh 
21307 day of September. A. D. 1832. did authorize and request George 
2130S B. Porter. Governor of the Territory of Michigan, to proceed to 

21309 Green Bay. and endeavor to procure the assent of the Menom- 

21310 inees to the change proposed by the Senate, as above set forth: 

21311 urging the necessity of directing his first efforts to an attempt to 

21312 procure the unconditional assent of the Menominees to the said 

21313 treaty, as ratified by the Senate. But should he fail in this ob- 

21314 ject that he would then endeavor to procure their assent to the 

21315 best practicable terms, short of those proposed by the Senate : 
21310 giving them to understand that he merely received such propo- 

21317 sition as they might make, with a view to transmit it for the 

21318 consideration of the President and Senate of the United States. 

21319 And if this course became necessary that it would be very desira- 

21320 able that the 2sew York Indians should also signify their ac- 

21321 ceptance of the modifications required by the Menoruinees. 

21322 And whereas, in pursuance of the said instructions, the 

21323 said George B. Porter proceeded to Green Bay, and having as- 

21324 sembled all the chiefs and head-men of the Menominee Nation, 

21325 in council, submitted to them, on the twenty-second day of Oc- 

21326 tober. A. D. one thousand eight hundred and thirty-two. the 

21327 said proviso annexed to the resolution aforesaid of the Senate 

21328 of the United States, for the ratification of the said treaty: and 

21329 advised and urged on them the propriety of giving their assent to 

21330 the same. And the said chiefs and head-men having taken time 

21331 to deliberate and reflect on the proposition so submitted to them, 

21332 and which they had been urged to assent to. did in the most 

21333 positive and decided manner refuse to give their assent to the 

21334 same. ( The many reasons assigned for this determination, by 

21335 them, being reported in the journal of the said commissioner. 

21336 Avhich will be transmitted with this agreement.) 

21337 And whereas, after failing in the object last stated, the said 

21338 George B. Porter endeavored to procure the assent of the said 

21339 chiefs and head-men of the Menominee Nation to the best prac- 

21340 ticable terms short of those proposed by the Senate of the 

21341 United States : and after much labor and pains, entreaty and 



478 



21342 persuasion, the said Meuominees consented to the following, as 

21343 the modifications which they would make; and which are re- 

21344 duced to writing, in the form of an agreement, as the best prac- 

21345 ticable terms which could be obtained from them, short of those 

21346 proposed by the Senate of the United States, which they had 

21347 previously positively refused to accede to. And as the modifi- 

21348 cations so made and desired have been acceded to by the New 

21349 York Indians, with a request that the treaty thus modified 

2 1350 might be ratified and approved by the President and the Senate of 

21351 the United States, it is the anxious desire of the Meuominees, 

21352 also, that the treaty, with these alterations, may be ratified and 

21353 approved without delay, that they may receive the benefits and 

21354 advantage secured to them by the several stipulations of the 

21355 said treaty, of which they have so long been deprived. 

21356 The following is the article of agreement made between the 

21357 said George B. Porter, commissioner on the part of the United 

21358 States, specially appointed as aforesaid, and the said Menominee 

21359 Nation, through their chiefs and head-men on the part of their 

21360 Nation : 

21361 First. The said chiefs and head- men of the Menominee Nation 

21362 of Indians do not object to any of the matters contained in the pro- 

21363 viso annexed to the resolution of the Senate of the United States, 

21364 so far as the same relate to the granting of three townships of land 

21365 on the east side of Winnebago Lake, to the Stoekbridge, Mun- 

21366 see, and Brothertown tribes; to the valuation and payment for 

21367 their improvements, &c, (ending with the words u and which 

21368 lands are to be relinquished by said Indians.") They therefore as- 

21369 sent to the same*. 

21370 Second. The said chiefs and head-men of the Menominee 

21371 Nation of Indians, objecting to all the matters contained in the 

21372 said proviso annexed to the resolution of the Senate of the 

21373 United States, so far as the same relate to the running of a new 

21374 lineparallel to the southwestern boundary-line or course of the tract 

2137 5 of five hundred thousand acres, described in the first article of the 

21376 treaty, and set apart for the New York Indians, to commence at 

21377 a point on the southwestern side of Pox Biver, and one mile 

21378 above the Grand Shute, on Pox Biver, and at a sufficient dis- 

21379 tance from the said boundary-line, as established by the said 

21380 first article, as shall comprehend the additional quantity of two 

21381 hundred thousand acres of land, on and along the west side of 

21382 the Pox Biver, without including any of the confirmed private 

21383 land claims, on the Fox Biver, to compose a part of the five 

21384 hundred thousand acres intended to be set apart for the Six 

21385 Nations of the New York Indians and St. Begis tribe, agree, in 

21386 lieu of this proposition, to set off a like quantity of two hundred 

21387 thousand acres as follows: The said Menominee Nation hereby 



479 



21388 agree to cede, for the benefit of the New York Indians along the 

21389 southwestern boundary -line of the present live hundred thousand 

21390 acres described in the first article of the treaty as set apart for 

21391 the New York Indians, a tract of land, bounded as follows : 

21392 Beginning on the said treaty line, at the old mill-dam on Fox 

21393 Eiver, and thence extending up along Fox River to the little 

21394 Rapid Croclie; from thence running a northwest course, three 

21395 miles; thence on a line running parallel with the several courses 
21390 of Fox Eiver, and three miles distant from the river, until it 

21397 will intersect a line, running on a northwest course, commencing 

21398 at a point one mile above the Grand Shute; thence on aline 

21399 running northwest, so far as will be necessary to include, between 

21400 the said last line and the line described as the southwestern 

21401 boundary-line of the live hundred thousand acres in the treaty 

21402 aforesaid, the quantity of two hundred thousand acres; and 

21403 thence running northeast until it will intersect the line forming 

21404 the southwestern boundary-line aforesaid ; and from thence along 

21405 the said line to the old mill-dam, or place of beginning; contain- 

21406 ing two hundred thousand acres. Excepting and reserving 

21407 therefrom the privilege of Charles A. Grignon, for erecting a mill 

21408 on Apple Creek, &c., as approved by the Department of War on 

21409 the twenty-second day of April one thousand eight hundred and 

21410 thirty-one, and all confirmed private laud claims on the Fox 

21411 Eiver. The lines of the said tract of land so granted to be run, 

21412 marked, and laid off without delay, by a commissioner to be ap- 

21413 pointed by the President of the United States. And that in ex- 

21414 change for the above, a quantity of land equal to that which is 

21415 added to the southwestern side shall be taken off from the 

21416 northeastern side of the said tract, described in that article, on 

21417 the Oconto Creek, to be run, marked, and determined by t ie 

21418 commissioner to be appointed by the President of the United 

21419 States, as aforesaid, so that the whole number of acres to be 

21420 granted to the Six Nations and St. Eegis tribe of Indians shall 

21421 not exceed the quantity of five hundred thousand acres. 

21422 Third. The said chiefs and head-men of the Menominee Xa- 

21423 tion agree, that in case the said original treaty, made as afore- 

21424 said, and the supplemental articles thereto, be ratified and con- 

21425 firmed at the ensuing session of the Senate of the United States, 

21426 with the modifications contained in this agreement, that each 

21427 and every article thereof shall be as binding and obligatory upon 

21428 the parties, respectively, as if they had been sanctioned at the 

21429 times originally agreed upon. 

21430 In consideration of the above voluntary sacrifices of their 

21431 interest, made by the said Menominee Nation, and as evidence 

21432 of the good feeling of their Great Father, the President of the 

21433 United States, the said George P». Porter, commissioner as afore- 



480 



21434 said, has delivered to the said chiefs, head-men, and the people 

21435 of the said Menominee Nation here assembled, presents in cloth - 

21436 ing to the amount of one thousand dollars, five hundred bushels 

21437 of corn, ten barrels of pork, and ten barrels of flour, &c, &c. 

21438 N. B. — All the provisions of the foregoing treaty, as well 

21439 as those of that of 1831, which bind the United States to pay 

21440 for farmers, blacksmiths, millers, &c, are annulled ; as also 

21441 those in regard to appropriations for education, improvements 

21442 on Fox Elver and Winnebago Lake, and for providing cattle, 

21443 farming utensils, or other articles, are annulled by the third 

21444 article of the treaty of September 3, 1838, proclaimed Febru- 

21445 ary 15, 1837, (page 483.) 

21446 APPENDIX. 

21447 To all to whom these xwcsents shall come, the undersigned, chiefs 

21448 and head-men of the sundry tribes of New Yorlc Indians, (as 

21449 set forth in the specifications annexed to their signatures,) send 
2145(X greeting : 

21451 Whereas a tedious, perplexing, and harassing dispute and 

21452 controversy have long existed between the Menominee Nation 

21453 of Indians and the New York Indians, more particularly known 

21454 as the Stockbridge, Munsee, and Brothertown tribes, the Six Na- 

21455 tions and St. Begis tribe. The treaty made between the said Meno- 

21456 minee Nation and the United States, and the conditional ratifica- 

21457 tiou thereof by the Senate of the United States, being stated and 

21458 set forth in the within agreement, entered into between the chiefs 

21459 and head-men of the said Menominees, and George B. Porter, 

21460 governor of Michigan, commissioner specially appointed, with 

21461 instructions referred to in the said agreement ; 

21462 And whereas the undersigned are satisfied, and believe, that 

21463 the best efforts of the said commissioner were directed and used 

21464 to procure, if i>racticable, the unconditional assent of the said 

21465 Menominees to the change proposed by the Senate of United 

21466 States in the ratification of said treaty, but without success; 

21467 And whereas the undersigned further believe that the terms 

21468 stated in the within agreement are the best practicable terms, 

21469 short of those proposed by the Senate of the United States, which 

21470 could be obtained from the said Menominees ; and being asked to 

21471 signify our acceptance of the modifications proposed as aforesaid 

21472 by the Menominees, we are compelled , by a sense of duty and pro- 

21473 priety, to say that we do hereby accept of the same. So far as 

21474 the tribes to which we belong are concerned, we are perfectly 

21475 satisfied that the treaty should be ratified on the terms proposed 

21476 by the Menominees. We further believe that the tract of land 

21477 which the Menominees in the within agreement are willing to 



481 



21478 cede, in exchange for an equal quantity on the northeast side of 

21479 the tract of five hundred thousand acres, contains a sufficient 

21480 quantity of good land, favorably and advantageously situated, 

21481 to answer all the wants of the New "York Indians, and St. Regis 

21482 tribe. For the purpose, then, of putting an end to strife, and 

21483 that we may all sit down in peace and harmony, we thus signify 

21484 our acceptance of the modifications proposed by the Menomi- 

21485 nees; and we most respectfully request that the treaty as now 

21486 modified by the agreement this day entered into with the Me- 

21487 nominees, may be ratified and approved by the President and 

21488 Senate of the United States. 



21489 Proclaimed March 13, 1835. 

21490 Articles of agreement made and concluded at Cedar Point, on Fo r 

21491 River, near Green Bay, in the Territory of Wisconsin, this 

21492 third day of September, in the year of our Lord one thousand 

21493 eight hundred and thirty-six, between Henry Dodge, governor 

21494 of said Territory of Wisconsin, commissioner on the part of 

21495 the United States, on the one part, and the chiefs and head- 

21496 men of the Menomonie Nation of Indians of the other part. 

21497 Article 1. The said Menomonie Nation agree to cede to 



21498 the United States all of that tract or district of country included 

21499 within the following boundaries, viz : Beginning at the mouth 

21500 of Wolf River, and running up and along the same to a point 

21501 on the north branch of said river where it crosses the extreme 

21502 north or rear line of the five hundred thousand acre tract hereto- 

21503 fore granted to the New. York Indians ; thence following the line 

21504 last mentioned, in a northeastwardly direction, three miles ; 

21505 thence in a northwardly course, to the upper forks of the Me- 

21506 nomonie River, at a point to intersect the boundary-line between 

21507 the Menomonie and Chippewa Nation of Indians thence follow- 

21508 iug the said boundary-line last mentioned in an eastwardly di- 

21509 rection as defined and established by the treaty of the Little 

21510 Bute des Mort, in 1827, to the Smooth Rock or Shos-kin-aubie 

21511 River ; thence down the said river to where it empties into Green 

21512 Bay, between the Little and Great Bay de Noquet; thence up 

21513 and along the w 7 est side of Green Bay (and including all the 

21514 islands therein not heretofore ceded) to the mouth of Fox River • 

21515 thence up and along the said Fox River, and along the west 

21516 side of Winnebago Lake (including the islands therein) to the 

21517 mouth of Fox River, where it empties into said lake; thence up 

21518 and along said Fox River to the place of beginning, (saving and 

21519 reserving out of the district of country above ceded aud de- 

21520 scribed, all that part of the five hundred thousand acre tract 

21521 granted by the treaties bet ween the Menomonies and the United 

61 I t 



482 



21522 States, made on the eighth day of February, A. D. 1831, and on 

21523 the twenty-seventh day of October, A. D. 1832, which may be 
21521 situated within the boundaries hereinbefore described.) the 

21525 quantity of land contained in the tract hereby ceded being 

21526 estimated at about four millions of acres. 

21527 And the said Menomonie Xation do further agree to cede 

21528 and relinquish to the United States all that tract or district of 

21529 country lying upon the Wisconsin Eiver in said Territory, and 

21530 included within the following boundaries, viz : Beginning at a 

21531 point upon said Wisconsin Eiver, two miles above the grant or 

21532 privilege heretofore granted by said nation and the United 

21533 States to Amable Grignon; thence running up and along said 
21531 river forty-eight miles in a direct line, and being three miles in 
21535 width on each side of said river ; this tract to contain eight town- 
2153G ships or one hundred and eighty- four thousand three hundred 

21537 and twenty acres of land. 

21538 Article 2. In consideration of the cession of the aforesaid 

21539 tract of land, the United States agree to pay to the said Meno- 

21510 monie Kation, at the lower end of Wah-ne-kun-nah Lake in their 

21511 own country, or at such other place as may be designated by the 

21512 President of the United States, the sum of twenty thousand 

21513 dollars per annum for the term of twenty years. 

21511 The United States further agree to pay and deliver to the 

21515 said Indians, each and every year during the said term of 

21516 twenty years, the following articles : Three thousand dollars' 

21517 worth of provisions; two thousand pounds of tobacco; thirty 

21518 barrels of salt ; also the sum of five hundred dollars. per year 

21519 daring the same term, for the purchase of farming utensils, 

21550 cattle, or implements of husbandry, to be expended under the 

21551 direction of the superintendent or agent. Also to appoint and 

21552 pay two blacksmiths, to be located at such places as may be 

21553 designated by the said superintendent or agent, to erect (and 
21551 supply with the necessary quantity of iron, steel, and tools) two 

21555 blacksmith-shops, during the same term. 

21556 The United States shall also pay the just debts of the said 

21557 Menomonie Indians, agreeably to the schedule hereunto annexed, 

21558 amounting to the sum of ninety-nine thousand seven hundred 

21559 and ten dollars and fifty cents: Prodded, always. That no part 

21560 or portion of said debts shall be paid until the validity and 

21561 justice of each of them shall have been inquired into by the 

21562 superintendent of Indian affairs, who shall in no instance in- 

21563 crease the amount specified in said schedule, but who shall allow 
21561 the sum specified, reject it entirely, or reduce it as upon exami- 

21565 nation and proof may appear just; and if any part of said sum 

21566 is left, after paying said debts so adjudged to be just, then such 

21567 surplus shall be paid to the said Indians for their own use. 



483 



21568 • And whereas the said Indians are desirous of making some 

21569 provision and allowance to their relatives and friends of mixed 

21570 blood, the United States do further agree to pay the sum of 

21571 eighty thousand dollars, to be divided among all such persons 

21572 of mixed blood as the chiefs shall hereafter designate ; said sum 

21573 to be apportioned and divided under the direction of a commis- 
21571 sioner to be appointed by the President : Provided, always, That 

21575 no person shall be entitled to any part of said fund unless he is 

21576 of Indian descent and actually resident within the boundaries 

21577 described in the first article of this treaty; nor shall anything 

21578 be allowed to any such person who may have received any 

21579 allowance under any previous treaty. The portions of this fund 

21580 allowed by the commissioner to those half-breeds who are 

21581 orphans, or poor or incompetent to make a proper use thereof, 

21582 shall be paid to them in instalments or otherwise, as the Presi 

21583 dent may direct. 

21581 Article 3. The said Menomonie Nation do agree to release 

21585 the United States from all such provisions of the treaty of 1831 

21586 and 1832, aforesaid, as requires the payment of farmers, biack- 

21587 smiths, millers, &c. They likewise relinquish all their right 

21588 under said treaty to appropriation for education, and to all im- 

21589 provements made or to be made upon their reservation on Fox 

21590 River and Winnebago Lake, together with the cattle, farming 

21591 utensils or other articles furnished or to be furnish [etl] to them 

21592 under said treaty. And in consideration of said release and 

21593 relinquishment, the United States stipulate and agree that the 
21591 sum of seventy-six thousand dollars shall be allowed to the said 

21595 Indians, and this sum shall be invested iu some safe stock, and the 

21596 interest thereof as it accrues shall also be so vested until such 

21597 time as in the judgment of the President the income of the 

21598 aggregate sum can tee usefully applied to the execution of the 

21599 provisions in the said fourth article, or to some other purposes 

21600 beneficial to the said Indians. 

21601 Article 1. The above annuities shall be paid yearly and 

21602 every year during the said term, in the month of June or July, 

21603 or as soon thereafter as the amount shall be received ; and the 
21601 said Menomonie Nation do agree to remove from the country 

21605 ceded within one year after the ratification of this treaty. 

21606 This treaty shall be binding and obligatory on the coutract- 

21607 iug parties as soon as the same shall be ratified by the President 

21608 and Senate of the United States. 

21609 Proclaimed February 15, 1837, 

21610 SCHEDULE. 

2161 1 It is agreed on the part of the United States, that the foUow- 

21612 iug claims shall be allowed and paid, agreeably to the second 

21613 article of the foregoing treaty, viz: 



484 



21614 To John Lawe, twelve thousand five hundred dollars. 

21615 To Augustine Grignon, ten thousand dollars. 

21616 To William Powell and Robert Grignon. four thousand two 

21617 hundred and fifty dollars. 

21618 To Charles A. Grignon, ten thousand dollars. 

21619 To John Lawe & Co., six thousand dollars. 

21620 To Walter T. Webster, one hundred dollars. 

21621 To John P. Arndt, five hundred and fifty dollars. 

21622 To William Farnsworth and Charles E. Brush, two thousand 

21623 five hundred dollars. 

21624 To James Porlier, seven thousand five-hundred dollars. 

21625 To heirs of Louis Beaupre, one thousand five hundred dollars. 

21626 To Dominick Brunette, two hundred and thirty-one dollars 

21627 and fifty cents. 

21628 To Alexander J. Irwin, one thousand two hundred and fifty 

21629 dollars. 

21630 To American Fur Company (western outfit) four hundred 

21631 dollars. 

21632 To Charles Grignon, one thousand two hundred dollars. 

21633 To Joseph Rolette, one thousand seven hundred and fifty 

21634 dollars. 

21635 To Charles A. and Alexander Grignon, seven hundred and 

21636 fifty dollars. 

21637 To James Eeed, seven hundred dollars. 

21638 To Peter Powell, one thousand seven hundred and fifty 

21639 dollars. 

21640 To Paul Grignon, five thousand five hundred dollars. 

21641 To William Dickinson, three thousand dollars. 

21642 To Eobert M. Eberts, seventy-four dollars. 

21643 To Joseph Jourdain, fifty dollars. 

21644 To James Knaggs, five hundred aud fifty dollars, ($550.) 

21645 To Ebenezer Childs, two hundred dollars; 

21646 To Lewis Bouse, five thousand dollars. 

21647 To William Farnsworth, two thousand five hundred dollars. 

21648 To Saral. Irwin & Geo. Boyd, jr., one hundred and five 

21649 dollars. 

21650 To Aneyas Grignon, two thousand five hundred dollars. 

21651 To Pierre Grignon, deceased, by Rob. & Peter B. Grignon, 

21652 six thousand dollars.. 

21653 To Stanislius Chappue, one hundred dollars. 

21654 To John Lawe, one thousand two hundred dollars. 

21655 To William Dickinson, two hundred and fifty dollars, 

21656 To Stanislius Chappue, two thousand five hundred dollars. 

21657 To Lewis Grignon, seven thousand two hundred and fifty 

21658 dollars. 



485 



21659 Articles of a treaty made and concluded at Lake Pow -aw -hay -Icon- 

21660 nay j in the State of Wisconsin, on the eighteenth day of October, 

21661 one thousand eight hundred and forty -eight, between the 

21662 United States of America, by William Med ill, a commissioner 

21663 duly appointed for that purpose, and the Menomonee tribt oj 

21664 Indians, by the chiefs, head-men, and warriors of said tribe. 

21665 Article 1. It is stipulated and solemnly agreed that the 

21666 peace and friendship now so happily subsisting between the 

21667 Government and people of the United States and the Menomo- 

21668 nee Indians shall be perpetual. 

21669 Article 2. The said Menomonee tribe of Indians agree to 

21670 cede, and do hereby cede, sell, and relinquish to the United 

21671 States all their .lands in the State of Wisconsin, wherever situ- 

21672 ated. 

2L673 Article 3. In consideration of the foregoing cession, the 

21674 United States agree to give, and do hereby give, to said Indians 

21675 for a home, to be held as Indians' lands are held, all that coun- 

21676 try or tract of land ceded to the said United States by the Chip- 

21677 pewa Indians of the Mississippi and Lake Superior, in the treaty 

21678 of August 2, 1847, and the Pillager band of Chippewa Indians, 

21679 in the treaty of August 21, 1847, which may not be assigned to 

21680 the Winnebago Indians, under the treaty with that tribe of 

21681 October 13, 1846, and which is guarantied to contain not less 

21682 than six hundred thousand acres. 

21683 Article 4. In further and full, consideration of said ces- 

21684 sion, the United States agree to pay the sum of three hundred 

21685 and fifty thousand dollars, at the several times, in the manner, 

21686 and for the purposes following, viz : 

21687 To the chiefs, as soon after the same shall be appropriated 

21688 by Congress as may be convenient, to enable them to arrange 

21689 and settle the affairs of their tribe preparatory to their removal 

21690 to the country set apart for and given to them as above, thirty 

21691 thousand dollars. 

21692 To such persons of mixed blood, and in such proportion to 

21693 each as the chiefs in council, and a commissioner to be appointed 

21694 by the President, shall designate and determiue, and as soon 

21695 after the appropriation thereof as may be found practicable and 

21696 expedient, forty thousand dollars. 

21697 In such manner and at such times as the President shall 

21698 prescribe, in consideration of their removing themselves, which 

21699 they agree to do, without further cost or expense to the United 

21700 States, twenty thousand dollars. 

21701 In such manner and at such times as the President shall 

21702 prescribe, in consideration of their subsisting themselves the 

21703 first year after their removal, which they agree to do, without 



486 



21704 further cost or expense on the part of the United States, twenty 

21705 thousand dollars. 

21706 To be laid out and applied, under the direction of the Pres- 

21707 ident, in the establishment of a manual-labor school, the erection 

21708 of a grist and saw mill, and other necessary improvements in 

21709 their new country, fifteen thousand dollars. 

21710 To be laid out and applied, under the direction of the Pres- 

21711 ident, in procuring a suitable person to attend and carry on the 

21712 said grist and saw mill for a period of fifteen years, nine thou- 

21713 sand dollars. 

21714 To be laid out and applied, under the direction of the Pres- 

21715 ident, in continuing and keeping np a blacksmith's shop, and 

21716 providing the usual quantity of iron and steel for the use and 

21717 benefit of said tribe, for a period of twelve years, commencing 

21718 w ith the year one thousand eight hundred and fifty-seven, and 

21719 when all provision for blacksmiths' shops under the treaty of 

21720 1836 shall cease, eleven thousand dollars. 

21721 To be set apart, applied, and distributed under the direction 

21722 of the President, in payment of individual improvements of the 

21723 tribe upon the lands above ceded to the United States, five 

21724 thousand dollars. 

21725 And the balance, amounting to the sum of two hundred 

21726 thousand dollars, to be paid over to the tribe, as Indian annui- 

21727 ties are required to be paid, in ten equal annual instalments, 

21728 commencing with the year one thousand eight hundred and 

21729 fifty-seven, and when their annuities or annual instalments un- 

21730 der the treaty of 1836 shall have ceased. 

21731 Article 5. It is stipulated and agreed that the sum now 

21732 invested in stocks under the Senate's amendment to the treaty 

21733 of 1836, with the interest due thereon at this time, shall be and 

21734 remain invested, under the direction of the President, and that 

21735 the interest hereafter arising therefrom shall be disposed of as 

21736 follows: that is to say, so much thereof as may be necessary to 

21737 the support and maintenance of the said manual-labor school, and 

21738 other means of education, and the balance be annually paid 

21739 over in money as other annuities, or applied for the benefit and 

21740 improvement of said tribe, as the President, on consultation 

21741 with the chiefs, may from time to time determine. 

21742 Article 6. To enable the said Indians to explore and ex- 

21743 amine their new country, and as an inducement to an early re- 

21744 moval thereto, it is agreed that the United States will pay the 

21745 necessary expenses of a suitable delegation, to be selected for 

21746 that purpose, under the direction of the President. 

21747 Article 7. It is alleged that there were less goods deliv- 

21748 ered to the said Indians at the annuity payment of 1837 than 

21749 were due and required to be paid and delivered to them under 



487 



21750 the stipulations of their treaties with the United States then in 

21751 force; and it is therefore agreed that the subject shall be prop- 

21752 erly investigated, and that full indemnity shall be made to them 

21753 for any loss which they may be shown to have sustained. 

21754 Article 8. It is agreed that the said Indians shall be per- 

21755 mitted, if they desire to do so, to remain on the lands hereby 
2175G ceded for and during the period of two years from the date 

21757 hereof, and until the President shall notify them that the same 

21758 are wanted. 

21759 Article 9. It is stipulated that Robert Grigon, who has 

21760 erected a saw-mill upon the Little Wolf Kiver at his own expense, 

21761 for the benefit and at the request of said Indians, shall have the 

21762 right of a pre-emptor to the lands upon which such iinprove- 
2176.3 ments are situated, not exceeding in quantity on both sides of 

21764 said river one hundred and sixty acres. 

21765 Article 10. This treaty to be binding on the contracting 

21766 parties as soon as it is ratified by the President and Senate of 

21767 the United States. 

21768 Ratified January 23, 1849. 

21769 Franklin Pierce, President of the United States of America, 

21770 to all and singular to whom these presents shall come, 

21771 greeting: 



21772 
21773 
21774 
21775 
21776 
21777 
21778 
21779 
21780 
21781 
21782 
21783 
21784 
21785 
21786 
21787 
21788 
21789 
21790 
21791 
21792 
21793 



Whereas a treaty was made and concluded at the Falls of 
Wolf River, in the State of Wisconsin, on the twelfth day of 
May, one thousand eight hundred and fifty-four, between the 
United States of America, by Francis Huebschmaun, superin- 
tendent of Indian affairs, duly authorized thereto, and the Me- 
nomonee tribe of Indians, by the chiefs, head-men, and warriors 
of said tribe, such articles being supplementary and amenda- 
tory to the treaty made between the United States and said 
tribe on the eighteenth day of October, one thousand eight 
hundred aud forty-eight ; which treaty is in the words follow- 
ing, to wit : 

Articles of agreement made and concluded at the Falls of 
Wolf River, in the State of Wisconsin, on the twelfth day 
of May, one thousand eight hundred and fifty-four, between 
the United States of America, by Francis Huebschmaun, 
superintendent of Indian affairs, duly authorized thereto, 
and the Menomonee tribe of Indians, by the chiefs, head- 
men, and warriors of said tribe, such articles being sup. 
plementary and amendatory to the treaty made between the 
United States and said tribe on the eighteenth day of Octo- 
ber, one thousand eight hundred aud forty-eight. 
Whereas, among other provisions contained in the treaty iu 



488 



21794 the caption mentioned, it is stipulated that for and in considera- 

21795 tion of all the lands owned by the Menoinonees, in the State of 
2179(3 Wisconsin, wherever situated, the United States should give 

21797 them all that country or tract of land ceded by the Chippewa 

21798 Indians of the Mississippi and Lake Superior, in the treaty of 

21799 the second of August, eighteen hundred and forty-seven, and 

21800 by the Pillager band of Chippewa Indians in the treaty of the 

21801 twenty-first of August, eighteen hundred and forty-seven, which 

21802 Lad not been assigned to the Wiunebagoes, guarantied not to 

21803 contain less than six hundred thousand acres ; should pay them 

21804 forty thousand dollars for removing and subsisting themselves ; 

21805 should give them fifteen thousand dollars for the establishment 

21806 of a manual-labor school, the erection of a grist and saw mill, 

21807 and for other necessary improvements in their new country ; 

21808 should cause to be laid out and expended in the hire of a miller, 

21809 for the period of fifteen years, nine thousand dollars ; and for 

21810 continuing and keeping up a blacksmith shop and providing iron 

21811 and steel for twelve years, commencing on the first of January, 

21812 eighteen hundred and fifty-seven, eleven thousand dollars. 

21813 And whereas, upon manifestation of great unwillingness on 
21811 the part of said Indians to remove to the country west of the 

21815 Mississippi Elver, upon Crow Wing, which had been assigned 

21816 them, and a desire to remain in the State of Wisconsin, the 

21817 President consented to their locating temporarily upon the Wolf 

21818 and Oconto Elvers : 

21819 Now, therefore, to render practicable the stipulated pay- 

21820 ments herein recited, and to make exchange of the lands given 

21821 west of the Mississippi for those desired by the tribe, and for 

21822 the purpose of giving them the same for a permanent home, 

21823 these articles are entered into. 

21821 Article 1. The said Menomonee tribe agree to cede, and 

21825 do hereby cede, sell, and relinquish to the United States all the 

21826 lands assigned to them under the treaty of the eighteenth of 

21827 October, eighteen hundred and forty-eight. 

21828 Article 2. In consideration of the foregoing cession the 

21829 United States agree to give, and do hereby give, to said Indians 

21830 for a home, to be held as Indian lands are held, that tract of 

21831 country lying upon the Wolf Eiver, in the State of Wisconsin, 

21832 commencing at the southeast corner of township 28 north, of 

21833 range 16 east, of the fourth principal meridian, running west 

21834 twenty-four miles, thence north eighteen miles, thence east 

21835 twenty-four miles, thence south eighteen miles, to the place of 

21836 beginning, the same being townships 28, 29, and 30, of ranges 

21837 13, 14, 15, and 16, according to the public surveys. 

21838 Article 3. The United States agree to pay, to be laid out 

21839 and applied under the direction of the President at the said loca- 



489 



21840 tiou, in the establishment of a manual-labor school, the erection 

21841 of a grist and saw mill, and other necessary improvements, fifteen 

21842 thousand dollars ; in procuring a suitable person to attend and 
218-13 carry on the said grist and saw mill for a period of fifteen years, 
21841 nine thousand dollars; in continuing and keeping up a black- 

21815 smith shop and* providing the usual quantity of iron and steel 

21816 for the use of said tribe for a period of twelve years, commencing 
21847 with the year eighteen hundred and fifty-seven, eleven thousand 

21818 dollars j and the United States further agree to pay the said 

21819 tribe, to be applied under the direction of the President, in such 

21850 manner and at such times as he may deem advisable, for such 

21851 purposes and uses as in his judgment will best promote the im- 

21852 provement of the Menomonees, the forty thousand dollars stipu- 

21853 lated to be applied to their removal and subsistence west of the 

21854 Mississippi. It being understood that all other beneficial stipu- 

21855 lations in said treaty of 1848 are to be fulfilled as therein pro- 

21856 vided. 

21857 Article 4. In consideration of the difference in extent 

21858 between the lands hereby ceded to the United States and the 

21859 lands given in exchange, and for and in consideration of the 

21860 provisions hereinbefore recited, and of the relinquishment by 

21861 said tribe of all claims set up by or for them, for the difference 

21862 in quantity of lands supposed by them to have been ceded in the 

21863 treaty of eighteenth of October, eighteen hundred and forty-eight, 

21864 and what was actually ceded, the United States agree to pay said 

21865 tribe the sum of two hundred and forty-two thousand six hun- 

21866 dred and eighty-six dollars, in fifteen annual instalments, com- 

21867 mencing with the year 1867, each instalment to be paid out and 

21868 expended under the direction of the President of the United 

21869 States, and for such objects, uses, and purposes as he shall 

21870 judge necessary and proper for their wants, improvement, and 

21871 civilization. 

21872 Article 5. It is further agreed that all expense incurred 

21873 in negotiating this treaty shall be paid by the United States. 

21874 Article 6. This treaty to be binding on the contracting 

21875 parties as soon as it is ratified by the President and Senate of 

21876 the United States, and assented to by Osh-kosh and Ke-she-nah, 

21877 chiefs of said tribe. 

21878 Proclaimed August 2, 1851. 

21879 Franklin Pierce, President of the United States of America, 

21880 to all and singular to whom these presents shall come, 

21881 greeting: 

21882 Whereas a treaty was made and concluded at Keshena, 

21883 State of Wisconsin, on the eleventh day of February, one thou- 

21884 sand eight hundred and fifty-six, between Francis Huebschmann, 

62 i t 



490 



21885 eommissioner'on the part of the United States, and the Menomo- 

21886 nee tribe of Indians, assembled in general council, which treaty 

21887 is in the words and figures following, to wit: 

21888 Whereas a treaty was entered into at Stockbridge, in the 

21889 State of Wisconsin, on the fifth of the present month, between 

21890 the United States of America on the one part, and the Stock- 

21891 bridge and Munsee tribes of Indians on the other, stipulating 

21892 that a new home shall be furnished to the said Stockbridge and 

21893 Munsee Indians, near the sooth line of the Menomonee reserva- 

21894 tion; and 

21895 Whereas the United States desire to locate said Stockbridges 

21896 and Man sees near the said line in the western part of the said 

21897 reservation, on lands on which no permanent settlements have 

21898 been made by the Menomonees; and 

21899 Whereas there is no objection on the part of the Menomo- 

21900 nees to the location of the Stockbridges and Munsees in their 

21901 neighborhood : Therefore this agreement and convention has 

21902 been entered into : 

21903 Articles of agreement made and concluded at Keshena, State of 

21904 Wisconsin, on the eleventh day of February, in the year of 

21905 our Lord eighteen hundred and fifty-six, between Francis 

21906 Iluebschmann, commissioner on the part of the United 

21907 States, and the Menomonee tribe of Indians, assembled in 

21908 general council. 

21909 Article 1. The Menomonee tribe of Indians cede to the 

21910 United States a tract of land, not to exceed two townships in 

21911 extent, to be selected in the western part of their present reser- 

21912 vation, on its south line, and not containing any permanent 

21913 settlements made by any of their number, for the purpose of 

21914 locating thereon the Stockbridge and Munsee Indians, and such 

21915 others of the New York Indians as the United States may desire 

21916 to remove to the said location within two years from the rati ft - 

21917 cation hereof. 

21918 Article 2, The United States agree to pay for the said 

21919 cession, in case the said New York Indians will be located on 

21920 the said lands, at the rate of sixty cents per acre ; and it is 

21921 hereby stipulated that the monies so to be paid shall be expended 

21922 in a like manner, to promote the improvement of the Menom- 

21923 onees, as is stipulated by the third article of the treaty of 

21924 May twelfth, eighteen hundred and fifty-four, for the expend i- 

21925 ture of the forty thousand dollars which had been set aside for 

21926 their removal and subsistence, west of the Mississippi, by the 

21927 treaty of October eighteenth, eighteen hundred and forty-eight. 

21928 Article 3. To promote the welfare and the improvement 

21929 of the said Menomonees, and friendly relations between them 

21930 and the citizens of the United States, it is further stipulated — 



491 



21931 I. That in case this agreement and the treaties made pre 

21932 viously witii the Menomonees should prove insufficient, from 

21933 causes which cannot now been [bej foreseen, to effect the said 

21934 objects, the President of the United States may, by and with 

21935 the advice and consent of the Senate, adopt such policy in the 

21936 management of the affairs of the Menomonees as in his judgment 

21937 may be most beneficial to them; or Congress may, hereafter, 

21938 make such provision by law as experience shall prove to be 

21939 necessary. 

21940 2. That the Menomonees will suppress the use of ardent 

21941 spirits among their people, and resist, by all prudent means, its 

21942 introduction in their settlements. 

21943 3. That the President of the United States, if deemed by 

21944 him conducive to the welfare of the Menomonees, may cause 

21945 their annuity monies to be paid to them in semi-annual or quar- 

21946 terly instalments. 

21947 4. That all roads and highways, laid out by authority of 

21948 law, shall have right of way through the lands of the said 

21949 Indians on the same terms as are provided by law for their lo- 

21950 cation through lands of citizens of the United States. 

21951 • Article 4. This instrument shall be binding upon the con- 

21952 trading parties whenever the same shall be ratified by the Pres- 

21953 ident and Senate of the United States. 

21954 Proclaimed 24th April, 1856. 



21955 Ml AM IS. 

21956 Articles of a treaty made and concluded at St. Mary's, in the State 

21957 of Ohio, betiveen Jonathan Jennings, Leicis Cass, and Benja- 

21958 min Parlce, commissioners of the United States, and the 2Liame 

21959 Nation of Indians. 

21960 Article 1. The Miami Nation of Indians cede to the 

21961 United States the following tract of country : Beginning at the 

21962 Wabash Eiver, where the present Indian boundary-line crosses 

21963 the same, near the mouth of Eaccoon Creek ; thence up the 

21964 Wabash Eiver, to the reserve at its head, near Fort Wayne ; 

21965 thence to the reserve at Fort Wayne ; thence, with the lines 

21966 thereof, to the St. Mary's Eiver; thence up the St. Mary's Eiver 

21967 to the reservation at the portage ; thence, with the Hue of the 

21968 cession made by the Wyandot Nation of Indians to the United 

21969 States, at the foot of the Eapids of the Miami of Lake Erie, on 

21970 the 29th day of September, in the year of our Lord one thou- 

21971 sand eight hundred and seventeen, to the reservation at Lora- 



492 



21972 mie's store ; thence, with the present Indian boundary-line, to 

21973 Fort Eecovery: and with the said line, following the courses 

21974 thereof, to the place of beginniDg. 

21975 Aeticle 2. From the cession aforesaid the following reser- 

21976 rations, for the use of the Miami Xation of Indians, shall be 

21977 made : One reservation, extending along the Wabash Eiver, 
2197S from the month of Salamanie Eiver, to the month of Eel Eiver, 

21979 and from those points, running due south, a distance equal to 

21980 a direct line from the mouth of Salamanie Eiver to the mouth 

21981 of Eel Eiver. One other reservation of two miles square, on the 

21982 river Salamanie, at the mouth of Atchepongqwawe Creek. One 

21983 other reservation of six miles square, on the Wabash Eiver, 

21984 below the forks thereof. One other reservation of ten miles 

21985 square, opposite the month of the river A Bouette. One other 

21986 reservation of ten miles square, at the village on Sugar Tree 

21987 Creek. One other reservation of two miles square, at the mouth 

21988 of a creek called Fiat Eock. where the road to White Eiver 

21989 crosses the same. 

21990 Article 3. The United States agree to grant, by patent, 

21991 in fee-simple, to Jean Bapt. Eichardville, principal chief of the 

21992 Miami Xation of Indians, the following tracts of land: 

21993 Three sections of laud, beginning about twenty-five rods 
21991 below his house, on the river St. Mary's, near Fort Wayne; 

21995 thence, at right angles with the course of the river, one mile ; 

21996 and from this line and the said river, up the stream thereof, for 

21997 quantity. 

21998 Two sections upon the east side of the St. Mary's Eiver, 

21999 near Fort Wayne, running east one mile with the line of the 

22000 military reservation : thence, from that line and from the river, 

22001 for quantity. 

22002 Two sections on the Twenty-seveu-Mile Creek, where the 

22003 road from St. Mary's to Fort Wayne crosses it, being one section 

22004 on each side of said creek. 

22005 Two sections on the left bank of the Wabash, commencing 

22006 at the forks and running down the river. 

22007 The United States also agree to grant to each of the fol- 

22008 lowing persons, being Miaini Indians by birth, and their heirs, 

22009 the tracts of land herein described : 

22010 To Joseph Eichardville and Joseph Eichardville, Jan., two 

22011 sections of land, being one on each side of the St. Mary's Eiver, 

22012 and below the reservation made on that river by the treaty of 

22013 Greenville in 1 795. 

22014 To Wemetche, or the Crescent, one section, below and ad- 

22015 joining the reservation of Anthony Chesne, on the west side of 

22016 the St. Mary's Eiver, and one section immediately opposite to 

22017 Macultamunqua, or Black Loon. 



493 



22018 To Keenquatakqua, or Long Ilair; Aronzon, or Twilighl ; 

22019 Peeonbequa, or a Woman. Striking; Aughquamauda, or 

22020 culty, and to Miaghqua, or Noon, as joint tenants, five sections 

22021 of land upon the Wabash River, the centre of which shall be the 

22022 Wyandot village, below the month of Tippecanoe River. 

22023 To Francois Godfroy, six sections of land, on the Salamanie 

22024 River, at a place called La Petite Prairie. 

22025 To Louis Godfroy, six sections of land, upon the St. Mary's 
22020 River, above the reservation of Anthony Shane. 

22027 To Charley, a Miami chief, one section of land, on the wesl 

22028 side of the St. Mary's River, below the section granted to Pe- 

22029 metche, or the Orescent. 

22030 To the two eldest children of Peter Lauglois, two sections 

22031 of land, at a place formerly called Village du Puant, at the 

22032 mouth of the river called Pauceaupichoux. 

22033 To the children of Antoine Bondie, two sections of land, on 
22031 the border of the Wabash River, opposite a place called PEsle a 

22035 FAille. 

22036 To Francois Lafontaine and his son, two sections of land, 

22037 adjoining and above the two sections granted to Jean Rapt. 

22038 Richard ville, near Fort Wayne, and on the same side of the St. 

22039 Mary's River. 

22010 To the children of Antoine Rivarre, two sections of land, 

22011 at the mouth of the Twenty-seven-Mile Creek, and below the 

22012 same. 

22013 To Peter Lauglois' youngest child, one section of land, oppo- 
22011 site the Chipaille, at the Shawnese village. 

22015 To Peter Labadie, one section of land, on the river St. Mary's, 

22016 below the section granted to Charley. 

22017 To the son of George Hunt, one section of land, on the west 

22018 side of the St. Mary's River, adjoining the two sections granted 

22019 to Francois Lafontaine and his son. 

22050 To Meshenoqua or the Little Turtle, one section of land, on 

22051 the south side of the Wabash, where the portage path strikes 

22052 the same. 

22053 To Josette Beaubien, one section of land on the left bank of 
22051 the St. Mary's, above and adjoining the three sections granted 

22055 to Jean Bapt. Richardville. 

22056 To Ann Turner, a half-blooded Miami, one section of land on 

22057 the northwest side of the Wabash River, to commence at the 

22058 mouth of Fork Creek, on the west bank of the said creek, and 

22059 running up said creek one mile in a direct line, thence at right 

22060 angles with this line for quantity. 

22061 To Rebecca Hackley, a half-blooded Miami, one section of 

22062 land, to be located at Munsey Town, on White River, so that it 

22063 shall extend on both sides. to include three hundred and twenty 



494 



22064 acres of the prairie, in the bend of the river, where the bend 

220G5 assumes the shape of a horseshoe. 

22066 To William Wayne Wells, a half-blooded Miami, one section 

22067 of land at the mouth of the Fork Creek, where the reservation 

22068 for Ann Turner commences, running down the Wabash Eiver on 

22069 the northwest bank one mile ; thence back one mile, thence east 

22070 one mile, to the boundary line of the grant to Ann Turner. 
2207 L To Mary Wells, a half-blooded Miami, one section of land, 

22072 at the mouth of Stoney Creek, on the southeast side of the Wa. 

22073 bash Eiver, the centre of which shall be at the mouth of said 

22074 creek, running with the meanders thereof, up and down the Wa- 

22075 bash Eiver, one half mile, and thence back for quantity. 

22076 To Jane Turner Wells, a half-blooded Miami, one section of 

22077 land, on the northwest side of the Wabash Eiver, to commence 

22078 on the west bank of said river, opposite the old lime kiln ; thence 

22079 down the said river one mile and back for quantity. 

22080 Article 4. The Miami Nation of Indians assent to the ces. 

22081 sion made by the Kickapoos to the United States, by the treaty 

22082 Concluded at Yincennes, on the ninth day of December, one 

22083 thousand eight hundred and nine. 

22084 Article 5. In consideration of the cession and recognition 

22085 aforesaid, the United States agree to pay to the Miami Nation of 

22086 Indians a perpetual annuity of fifteen thousand dollars, which, 

22087 together with all annuities which, by any former treaty, the 

22088 United States have engaged to pay to the said Miami Nation of 

22089 Indians, shall be paid in silver. 

22090 The United States will cause to be built for the Miamis one 

22091 grist-mill and one saw-mill, at such proper sites as the chiefs of 

22092 the nation may select, and will provide and support one black- 

22093 smith and one gunsmith for them, and provide them with such 

22094 implements of agriculture as the proper agent may think neces. 

22095 sary. 

22096 The United States will also cause to be delivered, annually 

22097 to the Miami Nation one hundred and sixty bushels of salt. 

22098 Article 6. The several tracts of land which, by the third 

22099 article of this treaty, the United States have engaged to grant 

22100 to the persons therein mentioned, except the tracts to be granted 

22101 to Jean Bapt. Eichardville, shall never be transferred by the said 

22102 persons or their heirs, without the approbation of the President 

22103 of the United States. 

22104 Article 7. This treaty shall be obligatory on the contract" 

22105 ing parties after the same shall be ratified by the President of 

22106 the United States, by and with the advice and consent of the 

22107 Senate thereof. 

22108 Proclaimed January 15, 1819. 



495 



22109 Articles of a treaty made and concluded, near the mouth of the 

22110 Mississinewa, upon the Wabash, in the State of Indiana, thi* 

22111 twenty-third day of October, in the year of our Lord one thou- 

22112 sand eight hundred and twenty-six, between Lewis Cass, James 

22113 B. Bay, and John Tipton, commissioners on the part of the 

22114 United States, and the chiefs and toarriors of the Miami tribe 

22115 of Indians. 

22116 Article 1. The Miami tribe of Indians cede to the United 

22117 States all their claim to land in the State of Indiana, north and 

22118 west of the Wabash and Miami Rivers, and of the cession made 

22119 by the said tribe to the United States by the treaty concluded 

22120 at St, Mary's, October 6, 1818, (proclaimed January 15, 1819.) 

22121 Article 2. From the cession aforesaid the following reser- 

22122 vations, for the* use of the said tribe, shall be made : 

22123 Fourteen sections of land at Seek's Village. 

22124 Five sections for the Beaver, below and adjoining the pre- 

22125 ceding reservation. 

22126 Thirty-six sections at Flat Belly's Village. 

22127 Five sections for Little Charley, above the old village, on the 

22128 north side of Eel Elver. ' 

22129 One section for La venture's daughter, opposite the islands, 

22130 about fifteen miles below Fort Wayne. 

22131 One section for Ckapine, above and adjoining Seek's Village. 

22132 Ten sections at the White Raccoon's Village. 

22133 Ten sections at the mouth of Mud Creek, on Eel Biver, at 

22134 the old village. 

22135 Ten sections at the forks of the Wabash. 

22136 One reservation commencing two miles and a half below the 

22137 mouth of the Mississinewa, and running up the Wabash five 

22138 miles, with the bank thereof, and from these points running due 

22139 north to Eel Biver. 

22140 And it is agreed that the State of Indiana may lay out a 

22141 canal or a road through any of these reservations; and for the 

22142 use of a canal, six chains along the same are hereby appropri- 

22143 ated. 

22144 Article 3. There shall be granted to each of the persons 

22145 named in the schedule hereunto annexed, and to their heirs, the 

22146 tracts of laud therein designated ; but the land so granted shall 

22147 never be conveyed without the consent of the President of the 

22148 United States. ' 

22149 Article 4. The commissioners of the United States have 

22150 caused to be delivered to the Miami tribe goods to the value of 

22151 $31,040.53, in part consideration for the cession herein made : 

22152 and it is agreed that if this treaty shall be ratified by the Pres- 

22153 ident and Senate of the United States, the United States shall 



496 



22151 pay to the persons named in the schedule this day signed by 

22155 the commissioners, and transmitted to the War Department, the 

22156 sums affixed to their names respectively, for goods furnished by 

22157 them, and amounting to the sum of $31,040.53. And it is further 

22158 agreed that payment for these goods shall be made by the 

22159 Miami tribe out of their annuity, if this treaty be not ratified 

22160 by the United States. 

22161 And the United States farther engage to deliver to the said 

22162 tribe, in the course of the next summer, the additional sum of 

22163 $26,259.47. 

22164 And it is also agreed that an annuity of thirty-five thousand 

22165 dollars, ten thousand of which shall be in goods, shall be paid 

22166 to the said tribe in the year one thousand eight hundred and 

22167 twenty-seven, and thirty thousand dollars, five thousand of 

22168 which shall be in goods, in the year one thousand eight hundred 

22169 and twenty-eight; after which time a permanent annuity of 

22170 twenty-five thousand dollars shall be paid to them, as long as 

22171 they exist together as a tribe ; which several sums are to include 

22172 the annuities due by preceding treaties to the said tribe. 

22173 And the United States further engage to furnish a wagon 

22174 and one yoke of oxen for each of the following persons, namely, 

22175 Joseph Eichardville, Black Eaccoon, Flat Belly, White Eaccoon, 

22176 Francois Godfroy, Little Beaver, Mettosanea, Seek, and Little 

22177 Huron; and one wagon and a yoke of oxen for the band living 

22178 at the forks of the Wabash. 

22179 And also to cause to be built a house, not exceeding the value 

221 80 of six hundred dollars for each of the following persons, namely, 

22181 Joseph Eichardville, Francois Godfroy, Louison Godfrey, Francis 

22182 Lafontaine, White Eaccoon, La Gros, Jean B. Eichardville, Flat 

22183 Belly, and Wau-we-as-see. 

22184 And also to furnish the said tribe with two hundred head of 

22185 cattle, from four to six years old, and two hundred head of hogs ; 

22186 and to cause to be annually delivered to them two thousand 

22187 pounds of iron, one thousand pounds of steel, and one thousand 

22188 pounds of tobacco. 

22189 And to provide five labourers to work three months in the 

22190 year for the small villages, and three labourers to work three 

22191 mouths in the year for the Mississinewa band. 

22192 Article 5. The Miami tribe being anxious to pay certain 

22193 claims existing against them, it is agreed, as a part of the con- 

22194 sideration for the cession in the first article, that these claims, 

22195 amounting to $7,727.47, and which are stated in a schedule this 

22196 day signed by the commissioners, and transmitted to the War 

22197 Department, shall be paid by the United States. 

22198 Article 6. The United States agree to appropriate the 

22199 sum of two thousand dollars annually, as long as Congress may 



497 



22200 think proper, for the support of poor infirm persons of the 

22201 Miami tribe, and for* the education of the youth of the said 

22202 tribe ; which sum shall be expended under the direction of the 

22203 President of the United States. 

22204 Article 7. It is agreed that the United States shall pur- 

22205 chase of the persons named in the schedule hereunto annexed 

22206 the land therein mentioned, which was granted to them by the 

22207 treaty of St. Mary's, and shall pay the price affixed to their 

22208 names respectively ; the payments to be made when the title to 

22209 the lands is conveyed to the United States. 

22210 Article 8. The Miami tribe shall enjoy the right of hunt- 

22211 ing upon the land herein conveyed, so long as the same shall be 

22212 the property of the United States. 

22213 Article 9. This treaty, after the same shall be ratified by 

22214 the President and Senate, shall be binding upon the United 

22215 States. 

22216 Proclaimed January 24, 1827. 

22217 Schedule of grants referred to in the foregoing treat}/, article 3d. 

22218 To John B. Bichardville, one section of land, between the 

22219 mouth of Pipe Creek and the mouth of Eel Eiver, on the north 

22220 side of the Wabash, and one section on the northwest side of 

22221 the St. Joseph, adjoining the old boundary line; also, one half 

22222 section on the east side of the St. Joseph's, below Cha-po-tee's 

22223 village. 

22224 To John P>. Boure, one section on the north side of the St 

22225 Joseph, including Chop-patees village. 

22226 To the wife an,d children of Charley, a Miami chief, one 

22227 section where they live, 

22228 To Ann Hackley and Jack Hackley, one section each, be- 

22229 tween the Maumee and the St. Joseph's Elvers. 

22230 To the children of Maria Christiana I)e Borne, a half-blood 

22231 Miami, one section between the Maumee and the St. Joseph's. 

22232 To Ann Turner, alias Hackley, Bebecca Hackley, and Jane 

22233 S. Wells, each one half section of land, to be located under the 

22234 direction of the l 3 resident of the United States. 

22235 To John B. Bichardville, one section of land upon the north 

22236 side of the Wabash, to include a large spring nearly opposite 

22237 the mouth of Pipe Creek. 

22238 To Francois Godfroy, one section above and adjoining said 

22239 last grant to J. B. Bichardville. 

22240 To Louison Godfroy, one section above and adjoining the 

22241 grant to Francois Godfroy. 

22242 To Francis Lafontaine, one section above and adjoining the 

22243 grant to Louison Godfroy. 

63 i T 



498 



22244 To John B. Eichardville Junior, one section on the Wabash, 

22245 below and adjoining tbe reservation running from the Wabash 

22246 to Eel Elver. 

22247 To Joseph Eichardville, one section above and adjoining the 

22248 reservation running from the Wabash to Eel Eiver. 

22249 To La Gros, three sections, where he now lives, and one 

22250 section adjoining the Cranberry in the Portage Prairie. 

22251 A quarter-section of land to each of the following persons, 

22252 namely : Charles Gouin. Purri Gouin, and Therese Gouin, to be 

22253 located under the direction of the President of the United States. 

22254 Two sections of land at the old town on Eel Eiver, to be re- 

22255 served for the use of the Metchinequea. 

22256 This treaty to be binding, when ratified by tbe Presi 

22257 dent, 

22258 Proclaimed December 22, 1837. 

22259 Articles of a treaty between the United States and the Miami tribe 
22200 of Indians, concluded at the Forks of the Wabash, in the State 

22261 of Indiana, on the 23d day of October, 1834, by and between 

22262 William Marshall, commissioner of the United States, and the 

22263 chiefs and warriors of said tribe. 

22264 Article 1. The Miami tribe of Indians agree to cede to the 

22265 United States the foil owing- described tracts of land within the 

22266 State of Indiana, being a part of reservations made to said tribe 

22267 from former cessions, now conveyed for and in consideration of 

22268 the payments stipulated to be made to them in the 2d article of 

22269 this treaty of cession : 

22270 One tract of land, thirty-six sections, at Flat Belly's Vil- 

22271 lage, a reserve made by the treaty of Wabash of 1826, (pro- 

22272 claimed January 24, 1827.) 

22273 Also, one tract of laud, about twenty-three thousand acres, 

22274 more or less, a reserve made at Wabash treaty in 1826, of five 

22275 miles in length on the Wabash Eiver, extending back to Eel 

22276 Eiver. 

22277 Also, one other tract of ten sections at Eacoon Village, and 

22278 a tract of ten sections at Mud Creek, on Eel Eiver, reserves 

22279 made at Wabash treaty of 1826. 

22280 Also, one reserve of two miles square on the Salamany 

22281 Eiver, at the mouth of At-che-pong-qua Creek, reserve made at 

22282 the treaty of St. Mary's of 1818, (proclaimed January 15, 1819.) 

22283 Also, one other tract, being a portion of the ten-mile square 

22284 reserve made at the treaty of St. Mary's of 1818, opposite the 

22285 mouth of the river Aboutte, commencing at the northeast corner 

22286 of said reserve, thence south, with the eastern boundary of the 



499 



22287 same, ten miles, to the southeast corner of the reserve, thence 

22288 west, with the southern boundary, one mile, thence north nine 

22289 miles, thence west nine miles, thence north one mile, to the 

22290 northwest corner of said reserve, thence to the place of begin- 

22291 ning. 

22292 The Miamies also agree to cede a portion of their big reserve, 

22293 made at the treaty of St. Mary's of 1818, situated southeast of 
22291 the Wabash, extending along the Wabash River from the mouth 

22295 of Salamany River to the month of Eel River. The part now 

22296 ceded shall be embraced within the following bounds, to wit: 

22297 Commencing on the Wabash River, opposite the mouth of Eel 

22298 River, running up said Wabash River eight miles, thence south 

22299 two miles, thence westwardly one mile, thence south to the south- 

22300 ern boundary of said reserve, thence along said boundary-line 

22301 seven miles to the southwest corner, thence northerly with the 

22302 western boundary-line to the place of beginning. 

22303 Article 2. For and in consideration of the cession made 
22301 in the first article of this treaty, the United States agree to pay 
22305 the Miami tribe of Indians the sum of two hundred and eight 
22300 thousand dollars 5 of this sum fifty-eight thousand dollars to be 

22307 paid within six months from the ratification of this treaty, fifty 

22308 thousand dollars to be applied to the payment of the debts of 

22309 the tribe, and the remaining sum of one hundred thousand clol- 

22310 lars in annual instalments of ten thousand dollars per year. 

22311 Article 3. From the cession made in the first article of 

22312 this treaty j there shall be granted to each of the persons named 

22313 in the schedule hereunto annexed, and to their heirs and assigns, 

22314 by patent from the President of the United States, the lands 

22315 therein named. 

22316 Article 4. It is agreed, between the parties to this treaty, 

22317 that a patent in fee-simple shall be issued by the President of 

22318 the United States to John B. Richard ville, principal chief of the 

22319 Miami tribe, for a reserve of ten sections at the Forks of the 

22320 Wabash, made to said tribe by treaty of twenty-third October, 

22321 1826, he having an Indian title to the same, a copy of which, 

22322 marked A, accompanies this treaty. 

22323 Article 5. The United States agree to furnish a skilfu 1 
22321 miller to superintend a mill for the Miamies, in lieu of the gun 

22325 smith promised by the 5th article of the treaty of St. Mary's of 

22326 1818. 

22327 Article 6. The United States agree to have the buildings 

22328 and improvements on the lands ceded by the first article of this 

22329 treaty valued } to cause a similar amount in value laid out in 

22330 building, clearing, and fencing ground, for the use of the Indians, 

22331 on such place or places as their chiefs may select, and that the 

22332 Indians have peaceable possession of their houses and improve- 



500 



22333 merits on the lands ceded in the first article of this treaty until 

22334 the improvements are made as provided for in this article. 

22335 Article 7. The United States agree to pay the Miami 

22336 Indians fifteen hundred dollars for horses heretofore stolen from 

22337 them by the whites. 

22338 Article 8. The United States agree to cause patents in fee- 

22339 simple to issue to the following-named persons for the several 

22340 tracts of land attached to their names, granted to them by for- 

22341 mer treaties, to wit : 

22342 To Little Charley, for five sections of land, above the old 

22343 village, on the north side of Eel River, granted to him by treaty 

22344 of Wabash of 1826, (proclaimed January 24, 1827.) 

22345 To Larontnre 1 s daughter, for one section of land on the 

22346 Mauinee River, granted to her by treaty of Wabash of 1826, 

22347 (proclaimed January 24, 1827.) 

22348 To To-pee-ah, son of Francis Lafontain, for one section, 

22349 granted him by treaty of St. Mary's of 1818, (proclaimed Jan- 

22350 nary 15, 1819.) 

22351 To Met-chin-e-quea, for two sections of laud granted him by 

22352 treaty of Wabash of 1826, at the old town on Eel River. 

22353 To Francis Godfroy, for four sections of land on the Salam- 

22354 any River, granted him at treaty of St. Mary's of 1818, being 

22355 the residue of what he now holds of said grant. 

22356 Article 9. There shall be granted to Hugh Hanna one 

22357 quarter section of land, in lieu of one selected and not approved 

22358 on the grant made to Guire at treaty of Wabash of 1826, (Hanna 

22359 having purchased of Guire,) the selection to be made under the 

22360 direction of the President of the United States. 

22361 Schedule of grants referred to in the third article 

22362 To Francis Godfroy, one section of land at the lower line of 

22363 the five-mile reserve on the Wabash River, to be located adjoin- 

22364 ing the town of Peru; one half section to be located on said 

22365 Wabash River opposite his trading-house, and one half section 

22366 to be located on that part of the big reserve southwest side the 

22367 Wabash, above and adjoining the two sections granted to John B. 

22368 Richard ville, and one half section back and adjoining the one grant- 

22369 ed to said John B. Richardville, opposite the mouth of Eel River. 

22370 To To-pe-ah, one section of land, commencing one mile from 

22371 the northeast corner of the ten-mile reserve, opposite the mouth 

22372 of Aboit River, (granted by treaty of St. Mary's of 1818,) thence 

22373 south one mile, thence west one mile, thence north one mile, 

22374 thence east to the place of beginning. 

22375 To Wa-pa-se-pah, son of Lafontain, one section of land west 

22376 and adjoining the one to To-pee-ah. 



501 



22377 To Ne-ah-loug-quaw, two sections of hind west and adjoin 

22378 ing the one to Wa-pa-se-pah. 

22379 To A-saw-som-ma-quah, or Susan, one section of land west 

22380 and adjoining the two to Ne-ah-long-quaw. 

22381 To Poqua, son of Francis Godfroy, one half section west and 

22382 adjoining the one to Susan. 

22383 To Francis Godfroy, one half section of land west and ad- 

22384 joining the one to Poqua. 

22385 To Paul Louglois, one section of land on the Wabash River, 
2238G to include his field. 

22387 To Ohappene, one section of land, to include Racoon vil- 

22388 lage, commencing two poles west of the grave-yard northwest 

22389 of the village; thence on an easterly direction to river About 5 

22390 thence with said river until it strikes the reserve line- thence 

22391 with said line for quantity to include within the bounds one sec- 

22392 tion of land ; also one other section of land, west and adjoining 

22393 the half section granted to Francis Godfroy, on the ten-mile 

22394 reserve. 

22395 To John B. Eichardville, principal chief of the Miami tribe, 

22396 one section of land on the five-mile reserve, opposite the mouth 

22397 of the Mississineway River, to include the improvement made 

22398 by Joseph Eichardville, deceased ; also one quarter section of 

22399 land on the Wabash River, at the upper part of the five-mile 

22400 reserve; also two sections of land on the big reserve, commene- 

22401 ing on the Wabasli River, opposite the mouth of Eel River, run- 

22402 ning up said river two miles, thence back for quantity so as to 

22403 include within the bounds two sections of land. 

22404 To Mac-keh-teh-maug-guaw, or Black Loon, one section of 

22405 land, to be located on the Wabash River, at the upper line of 

22406 that part of the big reserve ceded by the first article of this 

22407 treaty. 

22408 To Chin-gua-qua, or Duck, one section of land, to be located 

22409 on said Wabash River, below and adjoining the oue granted to 

22410 Black Loon. 

22411 To O-san-dear, one section of land back and adjoining the 

22412 one granted to Black Loon. 

22413 To Wa-pa-pe-she, one section of land back and adjoining the 

22414 one granted to Duck. 

22415 To Peter Louglois, one half section of land, to be located at 

22416 a point on Wildcat, where the old trace from Mississineway to 

22417 Thorntown crosses the same. 

22418 To the sons of Dupee, one half section of land, to be located 

22419 on the reserve at Racoon Village, to be located under the direc- 

22420 tiou of the President of the United States. 

22421 To Peter Guier, one half section of land, to be located back 

22422 of the one granted to Wa-pa-pe-she. 



502 



22423 To Wa-pee-mung-quah, one section of land on the ten-mile 

22424 reserve, adjoining the one to Chappene. 

22425 To Ca-ta-ke-inon-gua, daughter of Godfroy and Angelique, 

22426 one section of land, to be located adjoining the one to Wau-pee- 

22427 inung-guah. 

22428 To Eebecca Hackley, one quarter section of land, to be lo- 

22429 cated under the direction of the President of the United States, 

22430 And whereas the assent of the chiefs and warriors of the 
22434 said tribe of Indians, required by the aforesaid resolution of the 

22432 Senate, has been given to the said amendment, which assent is 

22433 as follows, viz: 

22434 We, the chiefs and warriors of the Miami Nation of Indians, 

22435 residing in the State of Indiana, having assembled in general 

22436 council, and haviug seen and duly examined each and all of the 

22437 amendments made by the Senate in the treaty negotiated be- 

22438 tween said nation and Gen. William Marshall, commissioner 

22439 on the part of the United States, on the 23d of October, 1834, 

22440 and the same having been fully and clearly explained to us, do 

22441 hereby give our assent to each and all of them, in compliance 

22442 with the requisition of the resolution of the Senate of the twelfth 

22443 of October, 1837, advising and consenting to the ratification of 

22444 said treaty. 

22445 Proclaimed December 22, 1837, 

22446 Articles of a treat}/ made and concluded at the Forks of the 

22447 Wabash^ in the State of Indiana, between the United States of 

22448 America, hy her commissioner, Abel G. Pepper, and the Miami 

22449 tribe of Indians, on the sixth day of November, in the year of 

22450 oar Lord eighteen hundred and thirty-eight. 

22451 Article 1. The Miami tribe of Indians hereby cede to the 

22452 United States all that tract of laud lying south of the Wabash 

22453 Eiver and included within the following bounds, to wit: Coni- 

22454 mencing at a point on said river where the western boundary- 

22455 line of the Miami reserve intersects the same, near the mouth of 

22456 Pipe Creek j thence south two miles ; thence west one mile ; 

22457 thence south along said boundary-line, three miles j thence east 

22458 to the Mississinnewa Eiver ; thence up the said river with the 

22459 meanders thereof to the eastern boundary -line of the said Miami 

22460 reserve 5 thence north along said eastern boundary-line to the 

22461 Wabash Eiver 5 thence down the said last-named river, with 

22462 the meanders thereof, to the place of beginning. 

22463 The said Miami tribe of Indians do also hereby cede to the 

22464 United States the three following reservations of land made for 

22465 the use of the Miami Nation of Indians by the 2d article of a 



503 



22466 treaty made and concluded at St. Mary's, in the State of Ohio, 

22467 on the6th of October, 1818, to wit, (proclaimed January L5, 1819:) 

22468 The reservation on the Wabash River, below the forks 

22469 thereof; 

22470 The residue of the reservation opposite the mouth of the 

22471 ri ver Abouette ; 

22472 The reservation at the mouth of a creek called Flat Bock, 

22473 where the road to White River crosses the same. 

22474 Also one other reservation of land made for the use of said 

22475 tribe at Seeks Tillage, on Eel River, by the 2d article of a treaty 

22476 made and concluded on the 23d October, 1826, (proclaimed 

22477 January 24, 1827.) 

22478 Article 2. From the cession aforesaid, the Miami tribe 

22479 reserve for the band of Me-to-sin-ia, the following tract of land, 

22480 to wit : Beginning on the eastern boundary-line of the big re- 

22481 serve, where the Mississinnewa River crosses the same ; thence 

22482 down said river with the meanders thereof to the mouth of the 

22483 creek called Forked Branch ; thence north two miles ; thence in 

22484 a direct line to a point on the eastern boundary -Hue two miles 

22485 north of the place of beginning ; thence south to the place of 

22486 beginning, supposed to contain ten square miles. 

22487 Article 3. In consideration of the cession aforesaid, the 

22488 United States agree to pay the Miami tribe of Indians three 

22489 hundred and thirty -live thousand six hundred and eighty 

22490 dollars ; sixty thousand dollars of which to be paid immediately 

22491 after the ratification of this treaty and the appropriation to 

22492 carry its provisions into effect; and the residue of said sum, 

22493 after the payment of claims hereinafter stipulated to be paid, 

22494 in ten yearly instalments of twelve thousand five hundred and 

22495 sixty-eight dollars per year. 

22496 Article 4. It is further stipulated that the sum of six 

22497 thousand eight hundred dollars be paid John B. Richardville ; 

22498 and the sum of two thousand six hundred aud twelve dollars be 

22499 paid Francis Godfroy ; which said sums are their respective 

22500 claims against said tribe prior to October 23, 1834, excluded 

22501 from investigation by the late commissioner of the United 

22502 States, by reason of their being Indians of said tribe. 

22503 Article 5. The said Miami tribe of Indians being anxious 

22504 to pay all their just debts, at their request it is stipulated that 

22505 immediately after the ratification of this treaty the Uuited States 

22506 shall appoint a commissioner or commissioners, who shall be 

22507 authorized to investigate all claims against said tribe which 

22508 have accrued since the 23d day of October, 1834, without regard 

22509 to distinction of blood in the claimants, and to pay such debts 

22510 as, having accrued since the said period, shall be proved to his 

22511 or their satisfaction to be legal and just. 



504 



22512 Article 6. It is further stipulated that the sum of one 

22513 hundred and fifty thousand dollars, out of the amount agreed 

22514 to be paid said tribe in the third article c f this treaty, shall be 

22515 set apart for the payment of the claims under the provisions of 

22516 the fourth and fifth articles of this treaty, as well as for the pay- 

22517 ment of any balance ascertained to be due from said tribe by 

22518 the investigation under the provisions of the treaty of 1834 ; 

22519 and should there be an unexpended balance in the hands of 

22520 said commissioner or commissioners after the payment of said 

22521 claims, the same shall be paid over to the said tribe at the pay- 

22522 ment of their next subsequent annuity ; but should the said sum 

22523 so set apart for the purpose aforesaid be found insufficient to 

22524 pay the same, then the ascertained balance due on said claims 

22525 shall be paid in three equal instalments from the annuities of 

22526 said tribe. 

22527 And the said Miami tribe of Indians through this public in- 

22528 strument proclaim to all concerned that no debt or debts that 

22529 any Indian or Indians of said tribe may contract with any per- 

22530 son or persons shall operate as a lien on the annuity or annuities, 

22531 nor on the land of the said tribe for legal enforcement. ISTor 

22532 shall any person or persons other than the members of said Mi- 

22533 ami tribe, who may by sufferance live on the 'land of, or inter- 

22534 marry in, said tribe, have any right to the land or any interest 

22535 in the annuities of said tribe, until such person or persons shall 

22536 have been by general council adopted into their tribe. 

22537 Article 7. It is further stipulated that the United States 

22538 will cause the buildings and improvements on the land hereby 

22539 ceded to be appraised, and have buildings and improvements of 

22540 a corresponding value made at such places as the chiefs of said 

22541 tribe may designate ; and the Indians of said tribe are to re- 

22542 main in the peaceable occupation of their present improvements 

22543 until the United States shall make the said corresponding im- 

22544 provements. 

22545 Article 8. It is further stipulated that the United States 

22546 patent to Beaver the five sections of laud, and to Chapine the 

22547 one section of land, reserved to them respectively in the second 

22548 article of the treaty made anno Domini 1826, (proclaimed Jan- 

22549 uary 24, 1827,) between the parties to the present treaty. 

22550 Article 9. The United States agree to cause the boundary - 

22551 lines of the land of said tribe in the State of Indiana to be sur- 

22552 veyed and marked within the period of one year after the rati- 

22553 fication of this treaty. 

22554 Article 10. The United States stipulate to possess the 

22555 Miami tribe of Indians of, and guarranty to them forever, a 

22556 country west of the Mississippi Eiver, to remove to and settle 

22557 on, when the said tribe may be disposed to emigrate from their pres- 



505 



22558 ent country, and that guarranty is hereby pledged. And the said 

22559 country shall be sufficient in extent, and suited to their wants 

22560 and condition, and be in a region contiguous to that in the oc- 

22561 cupation of the tribes which emigrated from the States of Ohio 

22562 and Indiana. And when the said tribe shall have emigrated, 

22563 the United States shall protect the said tribe an I the people 

22564 thereof in their rights and possessions against the injuries, en- 

22565 croachments, and oppressions of any person or persons, tribe, 

22566 or tribes whatsoever. 

22567 Article 11. It is further stipulated that the United States 

22568 will defray the expenses of a deputation of six chiefs or head- 

22569 men to explore the country to be assigned to said tribe west of 

22570 the Mississippi River. Said deputation to be selected by said 

22571 tribe in general council. 

22572 Article 12. The United States agree to grant by patent 

22573 to each of the Miami Indians named in the schedule hereunto 

22574 annexed the tracts of land therein respectively designated. 

22575 And the said tribe in general council request that the patents 

22576 for the grants in said schedule contained, shall be transmitted 

22577 to the principal chief of said tribe, to be by him distributed to 

22578 the respective grantees. 

22579 Article 13. It is further stipulated tbat should this treaty 

22580 not be ratified at the next session of the Congress of the United 

22581 States, then it shall be null and void to all intents and purposes 

22582 between the parties. 

22583 Article 14. And whereas John B. Eichardvilie, the prin- 

22584 cipal chief of said tribe, is very old and infirm, and not well 

22585 able to endure the fatigue of a long journey, it is agreed that 

22586 the United States will pay to him and his family the proportion 

22587 of the annuity of said tribe which their number shall indicate 

22588 to be due to them, at Fort Wayne, whenever the said tribe shall 

22589 emigrate to the country to be assigned them west as a future 

22590 residence. 

22591 Article 15. It is further stipulated that as long as the 

22592 Congress of the United States shall in its discretion make an 

22593 appropriation under the sixth article of the treaty made be- 

22594 tween the United States and said tribe in the year 1826, for the 

22595 support of the infirm and the education of the youth ot said 

22596 tribe, one-half of the amount so appropriated shall be paid to 

22597 the chiefs, to be by them applied to the support of the poor and 

22598 infirm of said tribe in such manner as shall be most beneficial. 

22599 Article 16. This treaty, after the same shall be ratified by 

22600 the President and Senate of the United States, shall be binding 

22601 on the contracting parties. 

22602 Proclaimed February 8, 1839. 

64 i t 



506 



22603 Schedule of grants referred to in the foregoing treaty, article twelve. 

22604 To John B. Richardville, principal chief, 

22605 Two sections of land, to include and command the principal 

22606 falls of Pipe Creek. 

22607 Three sections of land, commencing at the mouth of the 

22608 Salamania River, thence running three miles down, the Wabash 

22609 River, and one mile up the Salamania River. 

22610 Two sections of land, commencing at the mouth of the Mis- 

22611 sissinnewa River, thence down the Wabash River two miles, 

22612 and up the Mississiunewa River one mile. 

22613 One and one-half section of land on the Wabash River at 

22614 the mouth of Flat Rock, (creek.) to include his mills and the 

22615 privileges thereof. 

22616 One section of land on the Wabash River opposite the town 

22617 of Wabash : 

22618 All of which said trects of land are to be surveyed as 

22619 directed by the said grantee. 

22620 To Francis Godfroy, a chief, one section of laud opposite 

22621 the town of Peru and on the W r abash River. 

22622 One section of land on Little Pipe Creek, to include his 

22623 mill and the privileges thereof. 

22624 Four sections of land where he now lives. 

22625 All which said tracts of land are to be surveyed as directed 

22626 by the said grantee. 

22627 To Po qua Godfroy, one section of land to run one mile on 

22628 the Wabash River, and to include the improvements where he 

22629 now lives. 

22630 To Catherine Godfroy, daughter of Francis Godfroy, and her 

22631 children, one section of land to run one mile on the Wabash 

22632 River, and to include the improvement where she now lives. 

22633 To Kah-tah-mong-quah, son of Susan Richardville, one half 

22634 section of land on the Wabash River, below and adjoining the 

22635 three sections granted to John B. Richardville. 

22636 To Mong-go-sah, son of La Blonde, one half section of land 

22637 on the Wabash River, below and adjoining the half section 

22638 granted to Kah-tah-mong-quah. 

22639 To Peter Gouin, one section of land on the Sixth Mile Re- 

22640 serve, commencing where the northern line of said reserve inter- 

22641 sects the Wabash River ; thence down said river one mile and 

22642 back for quantity. 

22643 To Mais-shil gouin-mi-zah, one section of land, to include the 

22644 "Deer Lick." alias La Saline, on the creek that enters the Wa- 

22645 bash River, nearly opposite the town of Wabash. 

22646 To O-zah-shin-quah and the wife of Bronilette, daughters of 

22647 the "Deaf Man," as tenants in common, one section of land on 



507 



22648 the Mississinnewa. River, to include the improvements where 

22649 they now live. 

22650 To O-san-di-ah, one section of land where he now lives on 

22651 the Mississinnewa River, to include his improvements. 

22652 To Wah-pi-pin-cha.one section of land on the Mississinnewa 

22653 River, directly opposite the section granted to O-san-di-ah. 

22654 To Mais-zi-quah, one section of land on the Wabash River, 

22655 commencing at the lower part of the improvement of Old Sally ; 

22656 thence up said river one mile and back for quantity. 

22657 To Tah-ko-nong, one section of land where he now lives on 

22658 the Mississinnewa River. 

22659 To Cha-pine, one section of land where he now lives on the 

22660 Ten Mile Reserve. 

22661 To White Loon, one section of land at the crossing of Long- 

22662 lois's Greek, on the Ten Mile Reserve, to run up said creek. 

22663 To Francis Godfroy,one section of land, to be located where 

22664 he shall direct. 

22665 To Keh-wah-ling-quah, one section of land where he now 

22666 lives 011 the Ten Mile Reserve. 

22667 To La Fountain, one section of land south of the section he 

22668 now lives on and adjoining the same, on the Ten Mile Reserve. 

22669 To Seek, one section of land south of the section of land 

22670 granted to Wa-pa-se-pah by the treaty of 1834, on the Ten Mile 

22671 Reserve. 

22672 To Black Loon, one section of land on the Six Mile Reserve, 

22673 commencing at a line which will divide his field on the Wabash 

22674 River; thence up the river one mile and back for quantity. 

22675 To Duck, one section of land on the Wabash River below 

22676 and adjoining the section granted to Black Loon, and one mile 

22677 down said river, and back for quantity. 

22678 To Me-cha-ne qua, a chief, alias Gros-mis, one section of 

22679 land where he now lives ; 

22680 One section to include his field on the Salamauia River ; 

22681 One and one half section commencing at the Wabash River 

22682 where the road crosses the same from John B. Richard ville, jr.'s ; 

22683 thence down the said river to the high bank on Mill Creek; 

22684 thence back so as to include a part of the prairie, to be surveyed 

22685 as directed by said chief. 

22686 To Tow-wah-keo-shee, wife of Old Pish-a-wa, one section of 

22687 land on the Wabash River below and adjoining the half section 

22688 granted to Mon-ro-sah. 

22689 To Ko-was see, a chief, one section of laud, now Seeks re- 

22690 serve, to include his orchard and improvements. 

22691 To Black Loon, one section of land on the Six Mile Reserve 

22692 and on the Salamauia River, to include his improvements. 

22693 To the wife of Benjamiu, Ah-mac kon-zee-quah, one section 



508 



22694 of land where she now lives, near the prairie, and to include 

22695 her improvements, she being commonly known as Pichoux's 
22695 sister. 

22697 To Pe-she-wah, one section of land above and adjoining the 

2269S section and a half granted to John B. Richard ville on Flat Rock, 

22 399 (creek.) aud to run one mile on the Wabash River. 

22700 To White Raccoon, one section of land on the Ten Mi'e 

22701 Reserve, where he may wisb locate the same. 

22702 To La Bonde, the chiefs daughter, one section of land on 

22703 the Wabash River, below and adjoiuing the section of land 

22704 granted to Francis Godfroy, to be surveyed as she may direct. 

22705 To Ni-con-zah one section of land on the Mississinnewa 

22706 River, a little above the section of laud granted to the Deaf 

22707 Man's daughters, and on the opposite side of the river, to 

22708 include the pine or evergreen tree, and to be surveyed as he 

22709 may direct. 

22710 To John B. Richardville, one section of land, to include the 

22711 Osage village on the Mississinnewa River, as well as the bury- 

22712 ing ground of his family, to be surveyed as he may direct. 

22713 To Kee-ki-lask-e-we-ah alias Godfroy, one half section of laud 

22714 back of the section granted to the principal chief opposite the 

22715 town of Wabash, to include the creek ; one half section of land, 

22716 commencing at the lower corner of the section granted to Mais- 

22717 zi-quah, thence half a mile down the Wabash River. 

2271S To Al-lo-lah, one section of land above and adjoining the 

22719 section granted to Mais shie-gouin-mi-zah, and on* the same 

22720 creek. 

22721 To John B. Richardville, jr., one section of land on Pipe 

22722 Creek, above and adjoining the two sections of land granted to 

22723 the principal chief, to be surveyed as he may direct. 

22724 To John B. Richardville, one section of land wherever he 

22725 may choose to have the same located. 

22726 It is understood that all the foregoing grants are to be 

22727 located and surveyed so as to correspond with the public sur- 

22728 veys as near as may be to include the points designated in each 

22729 grant respectively. 



22730 Articles of a treaty made and concluded at the Forks of the 

22731 Wabash, in the State of Indiana, this twenty -eighth day of 

22732 Xovember, in the year of our Lord one thousand eight hundred 

22733 and forty, between /Samuel Milroy and Allen Hamilton, act- 

22734 ing {unofficially) as commissioners on the part of the United 

22735 States, and the chiefs, warriers and head-men of the Miami 

22736 tribe of Indians. 



22737 



Article 1. The Miami tribe of Indians do hereby cede to 



509 



22738 tbe United States all that tract of land on the south side of the 

22739 Wabash River, not heretofore ceded, and commonly known as 

22740 "the residue of the Big Reserve." Being 1 all of their remaining 

22741 lands in Indiana. 

22742 Article 2. For and in consideration of the cession afore - 

22743 said, the United States agree to pay to the Miami tribe of 

22744 Indians the sum of five hundred and fifty thousand dollars. 

22745 Three hundred thousand dollars of which sum to br> set apart, 

22746 and applied immediately after the ratification of this treaty and 

22747 an appropriation is made by Congress to carry its provisions 

22748 into effect, to the payment of the debts of the tribe, as herein- 

22749 after stipulated. And the residue, two hundred and fifty thou- 

22750 sand dollars, to be paid in twenty equal yearly instalments. 

22751 Article 3. The Miamies being desirous that their just 

22752 debts shall be fully paid, it is hereby, at their request, stipulated 

22753 that immediately on the ratification of this treaty, the United 

22754 States shall appoint a commissioner or commissioners, who shall 

22755 be authorised to investigate all claims against any and ever}' 

22756 member of the tribe, which have accrued since the 6th day of 

22757 November, 1838, or which may accrue before the date of the 

22758 ratification of this treaty, without regard to distinction of blood 

22759 in the claimant or claimants. And whose duty it shall be to 

22760 enquire into the equity and legality of the original cause of in- 

22761 debtedness, whether the same now is, or may then be in the form 

22762 of judgments, notes, or other evedence of debt, and report for 

22763 payment out of the money set apart by this treaty for thatpur- 

22764 pose, such claims only, or parts of claims, as shall be both legal 

22765 and just. And his or their award, when approved by the Pres- 

22766 ident of the United States, shall be final. Two hundred and 

22767 fifty thousand dollars of the sum set apart in the second article 

22768 of this treaty shall be applied to the payment of debts con- 

22769 tracted before the twenty-eighth day of November, 1840; and 

22770 the residue of said sum, after such debts are satisfied, being 

22771 fifty thousand dollars, to the payment of debts contracted 

22772 between the last-named date and the time of the ratification of 

22773 this treaty by the Senate of the United States j giving the pref- 

22774 erence, in the application of said sum of fifty thousand dollars, 

22775 to debts contracted for provisions and subsistance. 

22776 Article 4. It is further stipulated that the sum of twenty - 

22777 five thousand dollars be paid to John B. Richard ville, and the 

22778 sum of fifteen thousand dollars to the acting executor of Fran- 

22779 cis Godfroy, deceased, being the amount of their respective 

22780 claims against the tribe, out of the money set apart for the 

22781 payment of their debts by the second article of this treaty. 

22782 Article 5. And whereas the late war chief (Francis God- 

22783 froy) bequeathed to his children a large estate, to remain un- 



510 



22 84 sold until the youngest of said children shall arrive at the age 

22785 of twenty-one years: It is therefore stipulated that the United 

22786 States shall pay to the family of said deceased chief their just 

22787 proportion of the annuities of said tribe, at Fort Wayne, from 

22788 and after the time the tribe shall emigrate to the country as- 

22789 signed to them west of the Mississippi. 

22790 Article 6. It is further stipulated that the sum of two 

22791 hundred and fifty dollars shall be paid annually by the United 

22792 States, and accepted by the Miamies in lieu of the labour stipu- 

22793 lated to be furnished by the fourth article of the treaty of the 

22794 23d of October, 1826, (proclaimed January 24, 1827,) for the pur- 

22795 pose of preventing the dissatisfaction occasioned heretofore in 

22796 the distribution of said labour amongst the differant bands. 

22797 Article 7. It is further stipulated that the United States 

22798 convey by patent to Me-shing-go-me-sia, son of Ma-to-sin-ia, the 

22799 tract of land reserved by the second article of the treaty of the 

22800 6th of November, 1838, to the band of Ma-to-sin-ia, to be held 

22801 in trust by the said Me-shing-go-me-zia, for his band ; and the 

22802 proceeds thereof, when the same shall be alienated, shall be 

22803 equitably distributed to said band, under the direction of the 

22804 President. And the same provision made in favour of John B- 

22805 Eichardville and family, in the 14th article of the treaty of the 

22806 6th of November, 1838, (proclaimed February 8, 18.39,) is hereby 

22807 granted and extended to the above-named Me-shing-go-me-sia 

22808 and to his brothers. 

22809 Article 8. It is hereby stipulated that the Miami tribe of 

22810 Indiands shall remove to the country assigned them west of the 

22811 Mississippi, within five years from this date; the United States 

22812 paying every expence attending such removal, and to furnish 

22813 rations to said tribe for twelve months after their arrival at said 

22814 country. And the United States shall also cause four thousand 

22815 dollars to be expended to the best advantage in supplying good 

22816 merchantable pork and flour to said tribe, during the second 

22817 year of their residence at their new homes ; which sum is to 

22818 be deducted from their annuity of that year. 

22819 Article 9. It is further stipulated that should there be 

22820 an unexpended ballance of the "three hundred, thousand dol 

22821 lars," after the payment of the debts of the tribe as provided in 

22822 the second article of this treaty, such ballance is to be paid 

22823 over to the Miamies at the next payment of annuities after the 

22824 amount of said ballance shall have been ascertained. 

22825 Article 10. It is stipulated and agreed between the con- 

22826 tracting parties that there shall be, and hereby is, grauted and 

22827 reserved to John B. Eichardville, principal chief, seven sections 

22828 of land, from the land ceded in the first article of this treaty, 

22829 at such point or points as he may select, (not less than one sec- 



511 



22830 tion at any one point,) to be conveyed to him by patent from 

22831 the United States; And also, in like manner, one section of 

22832 land to Francis Lafountain, at the rapids of Wildcat, to be sur- 

22833 veyed under his direction. 

22834 Article 11. Nothing in this treaty shall be so construed 

22835 as to impair the force or validity of former treaty stipulations 

22836 existing- between the United States and the Miami tribe of In- 

22837 dians, not altered by nor coining within the purview of any of 

22838 the provisions of this treaty. 

22839 Article 12. The United States hereby stipulate to set 

22840 apart and assign to the Miamies, for their occupancy west of the 

22841 Mississippi, a tract of country bouuded on the east by the State 

22842 of Missouri, on the north by the country of the Weas and Kas- 

22843 kaskias, on the west by the Pottawatomies of Indiana, and on 

22844 the south by the land assigned to the New York Indians, esti. 

22845 mated to contain five hundred thousand acres. 

22846 Article 13. It is hereby stipulated that the United States 

22847 provide for the payment of the expence which may be necessarily 

22848 incured in the negociation of this treaty. 

22849 Article 14. This treaty shall be binding on the United 

22850 States, and on the Miami tribe of Indians, from and after the 

22851 date of its ratification by the President, by and with the advice 

22852 and consent of the Senate of the United States. But if the 

22853 same shall not be so ratified before the 4th day of March next, 

22854 it shall be of no binding force or validity. 

22855 Article 15. We, the chiefs, warriers, and head-men of the 

22856 Miami tribe of Indians, having examined and considered the 

22857 foregoing articles, after the same had been interpreted and ex- 

22858 plained to us to our satisfaction, do hereby agree and request 

22859 that the said articles shall be taken and held as a treaty between 

22860 the parties thereto ; and when ratified as provided in the last 

22861 preceding article, be binding on our tribe, and on the United 

22862 States, as fully to all intents and purposes as though the same 

22863 had been officially and formally made on the part of the United 

22864 States. 

22865 Proclaimed June 7, 1841. 

22866 Franklin Pierce, President of the United States of America, 

22867 to all and singular to whom these presents shall come, 

22868 greeting: 

22869 Whereas a treaty was made and concluded on the fifth day 

22870 of June, eighteen hundred and "fifty-fonr, between George W. 

22871 Manypenny, commissioner on the part of the United States, and 

22872 the following-named delegates, representing the Miami tribe of 

22873 Indians, viz : Nah-we-lan-quah, or Big Legs ; Ma-cat-a-chin-quah, 

22874 or Little Doctor; Lan-a-pin-chah, or Jack Hackley; So-nelan- 



512 



22875 gish-eah, or Johu Bowrie; and Wan-zop-e-ab, they being thereto 

22876 duly authorized by said tribe ; and Me-shin-go-me-zia, Po-con- 

22877 ge ah, Pim-yi-oh-te-rnah, Wop-pop-pe-tah, or Bondy, and Ke-ah- 

22878 cot-woh, or Buffalo, Miami Indians, residents of the State of 

22879 Indiana, being present, and assenting, approving, and agreeing 

22880 to, and confirming said articles of agreement and convention; 

22881 which treaty is in the words following, to wit: 

22882 Articles of agreement and convention made and concluded at 

22883 the city of Washington, this fifth day of June, one thou- 

22884 sand eight hundred and fifty-four, between George W. Many- 

22885 penny, commissioner on the part of the United States, and 

22886 the following-named delegates representing the Miami tribe 

22887 of Indians, viz: Nah-we-lan-quah, or Big Legs; Ma-cat-a- 

22888 chin-quah, or Little Doctor; Lan-a-pin cha, or Jack Hackley ; 

22889 So-ne-lan-gish-eah, or John Bowrie; and Wan-zop-e-ah, they 

22890 being thereto duly authorized by said tribe; and Me-shin- 

22891 go-me-zia, Po con-ge-ah, Pim-yi-oh-te-mah, Wop-pop pe- tab, 

22892 or Bondy, and Ke-ah-cot-woh, or Buffalo, Miami Indians, 

22893 residents of the State of Indiana, being present, and assent- 

22894 ing, approving, agreeing to, and confirming said articles of 

22895 agreement and convention. 

22896 Article 1. The said Miami Indians hereby cede and con- 

22897 vey to the United States all that certain tract of country set 

22898 apart and assigned to the said tribe by the article added by the 

22899 Senate of the United States, by resolution of the date of Feb- 

22900 ruary twenty-fifth, one thousand eight hundred and forty-one, to 

22901 the treaty of November twenty-eighth, one thousand eight hun- 

22902 dred and forty, and denominated among the amendments of the 

22903 Senate as "Article 12," which was assented to by said Indians, 

22904 on the fifteenth day of May, one thousand eight hundred and 

22905 forty-one; which tract is designated in said article as "bounded 

22906 on the east by the State of Missouri, and on the north by the 

22907 country of the Weas and Piankeshaws, on the west by the Pot- 

22908 towatomies of Indiana, and on the south by the land assigned 

22909 to the New York Indians, estimated to contain five hundred 

22910 thousand acres," excepting and reserving therefrom seventy 

22911 thousand acres for their future homes, and also a section of six 

22912 hundred and forty acres for school purposes, to be selected and 

22913 assigned to said tribe as hereinafter provided. 

22914 Article 2. The United States shall, as soon as it can con- 

22915 veniently be done, cause the lands herein ceded and reserved to 

22916 be surveyed, as the Government lands are surveyed, the Miamis 

22917 bearing the expense of survey of the reserved land; and, within 

22918 four months after the approval of such surveys, each individual 

22919 or head of a family of the Miami tribe, now residing on said 

22920 lands, shall select, if a single person, two hundred acres; and 



513 



22921 if tlie head of a family, a quantity equal to two hundred acres 

22922 for each member of the family; which selections shall be so 

22923 made as to include in each case, as far as practicable, the present 
.','2924 residences and improvements of each person or family, and, 

22925 where it is not practicable, the selection shall fall on lands in 

22926 the same neighborhood. And if, by reason of absence or other- 

22927 wise, any single person, or head of a family, entitled to land as 

22928 aforesaid, shall fail to make his or her selection within the period 

22929 prescribed, the chiefs of the tribe shall proceed to select the 

22930 lands for those thus in default. The chiefs shall also select the 

22931 six hundred and forty acres hereinbefore reserved for their 

22932 school, to include the buildings erected for school purposes, and 

22933 to embrace a sufficient portion of timber-land. After all of the 

22934 before-named selections shall have been made, the said chiefs 

22935 shall further proceed to select, in a compact body, and contiguous 

22936 to the individual reservations, the residue of the seventy thou- 

22937 sand acres accepted and reserved by the preceding article, which 

22938 body of laud shall be held as the common property of the tribe, 

22939 but may, at any time, when the chiefs and a majority of the 

22940 tribe request it, be sold by the President, in the manner that 

22941 public lands of the United States are sold, and the proceeds, 

22942 after deducting the expense of such sale, be paid to the tribe, 

22943 under the direction of the President, and in such mode as he 

22944 may prescribe: Provided, That if any single person, or family 

22945 entitled to land, shall have been overlooked, or wrongfully 

22946 excluded, and shall make the fact appear to the satisfaction oi 

22947 the chiefs, such person or family may, with the approbation of 

22948 the Commissioner of Indian Affairs, receive their quantity, by 

22949 the rule prescribed in this article, out of the tract to be thus 

22950 selected and held as the common property of the tribe. All the 

22951 selections herein provided for shall, as far as practicable, be made 

22952 iu conformity with the legal subdivisions of United States lands, 

22953 and immediately reported to the agent of the tribe, with apt 

22954 descriptions of the same, and the President may cause patents 

22955 to issue to single persons or heads of families for the lands 

22956 selected by or for them, subject to such, restrictions respecting 

22957 leases and alienation as the President or Congress of the United 

22958 States may impose ; and the lands so patented shall not be liable 

22959 to levy, sale, execution, or forfeiture: Provided, That the legis- 

22960 lature of a State within which the ceded country may be here- 

22961 after embraced may, with the assent of Congress, remove these 

22962 restrictions. When selections are so made, or attempted to be 

22963 made, as to produce injury to, or controversies between, indi- 

22964 viduals, which cannot be settled by the parties, the matters of 

22965 difficulty shall be investigated and decided on equitable terms, 

65 I T 



514 



22966 by the chiefs of the tribe, subject to appeal to the agent, whose 

22967 decision shall be final. 

22968 Article 3. In consideration of the cession hereinbefore 

22969 made, the United States agree to pay to the Miami tribe of In- 

22970 dians the sura of two hundred thousand dollars, in manner as 

22971 follows, viz: Twenty annual instalments of seven thousand five 

22972 hundred dollars each, the first payable on the first day of Octo- 

22973 ber, one thousand eight hundred and sixty, and the remainder 

22974 to be paid respectively on the first day of October of each snc- 

22975 ceeding year, until the whole shall have been paid ; and the re- 

22976 maining fifty thousand dollars shall be invested by the Presi- 

22977 dent in safe and profitable stocks, the interest thereon to be ap- 

22978 plied, under his direction, for educational purposes, or such 

22979 objects of a beneficial character, for the good of the tribe, as 

22980 may be considered necessary and expedient; and, hereafter, 

22981 whenever the President shall think proper, the sum thus pro- 

22982 vided to be invested may be converted into money, and the 

22983 same paid to the tribe in such manner as he may judge to be 

22984 best for their interests. No part of the moneys in this or the 

22985 preceding article mentioned shall ever be appropriated or paid 

22986 to the persons, families, or bands, who, by the fourteenth article 

22987 of the treaty of November sixth, one thousand eight hundred 

22988 and thirty-eight, by the fifth and seventh articles of the treaty 

22989 of November twenty-eight, one thousand eight hundred and 

22990 forty, or by virtue of two resolutions of Congress, approved 

22991 March third, one thousand eight hundred and forty-five, and 

22992 May first, one thousand eight hundred and fifty, or otherwise, 

22993 are permitted to draw or have drawn, in the State of Indiana, 

22994 their proportion of the annuities of the Miami tribe. 

22995 Article 4. It is agreed that the remaining instalments 

22996 of the limited annuity of twelve thousand five hundred dol- 

22997 lars, stipulated to be paid by the second article of the treaty 

22998 of November twenty-eight, one thousand eight hundred and 

22999 forty, shall be divided and paid to the said Indians here- 

23000 after as follows: to the Indiana Miamis, six thousand eight 

23001 hundred and sixty-three dollars and sixty-four cents, aud to 

23002 the Western Miamis, five thousand six hundred and thirty- six 

23003 dollars and thirty-six cents, per annum ; subject, however, 

23004 to the deductions provided for in the sixth article of this in- 

23005 strument; and that the permanent annuity stipulated in 

23006 the fifth article of the treaty of October sixth, one thousand 

23007 eight hundred and eighteen, as modified by the fifth article 

23008 of the treaty of October twenty-third, one thousand eight 

23009 hundred and thirty-four, for a blacksmith and miller, shall 

23010 be continued for the benefit of said Western Miamis; but 

23011 the said Miami Indians hereby relinquish and forever ab- 



515 



23012 solve the United States from the payment of the perma- 

23013 nent annuity of twenty-five thousand dollars, stipulated in the 

23014 fourth article of the treaty of October twenty-third, one thousand 

23015 eight hundred and twenty-six, of the permanent provisions for 

23016 money in lieu of laborers, for agricultural assistance, for tobacco, 

23017 iron, steel, and salt, and from the payment of any and all other 

23018 annuities of every kind or description, if any there be, to which 

23019 said Indians may now be entitled by virtue of the stipulations 

23020 of any former treaty or treaties; and they also release and dis- 

23021 charge the United States from all claims or damages on account 

23022 of the non-fulfilment of the stipulations of any former treaties, 

23023 or of injuries to or destruction or loss of property by the wrong- 

23024 ful acts of citizens or agents of the United States or otherwise ; 

23025 and in consideration of the relinquishments and releases afore- 

23026 said, the United States agree to pay to the said Miami Indians 

23027 the sum of four hundred and twenty-one thousand four hundred 

23028 and thirty-eight dollars and sixty-eight cents, in manner as fol- 

23029 lows, viz : one hundred and ninety thousand four hundred and 

23030 thirty-four dollars and sixty-eight cents to the Miami Indians re- 

23031 siding on the ceded land; and two hundred and thirty-one thousand 

23032 and four dollars, to the Miami Indians in the State of Indiana ; 

23033 to be paid under the direction of the President, and in such mau- 

23034 ner and for such objects as he may prescribe, in six equal annual 

23035 instalments, the first of which shall be paid in the month of 

23036 October, one thousand eight hundred and fifty-four. And in 

23037 full payment and satisfaction of a balance of eight thousand dol- 

23038 lars and sixty-eight cents, heretofore appropriated by Congress to 

23039 pay for the valuation of certain improvements, or to make others 

23040 in lieu of them, but which, not having been expended, has gone 

23041 to the surplus fund; and of the accumulation of the appropria- 

23042 tioos for the support of the poor and infirm, and the education 

23043 of the youth of the tribe, as provided by the treaties of October 

23044 twenty-third, one thousand eight hundred and twenty-six, and 

23045 November sixth, one thousand eight hundred and thirty-eight, 

23046 amounting to fourteen thousand two hundred and twenty-three 

23047 dollars and fifty cents ; and of the claims of the Mia mis who live 

23048 on the ceded land, for damages and loss of stock and other prop- 

23049 erty, caused by their removal west, and their subsequent loss by 

23050 removal from Sugar Creek, it is agreed that the United States 

23051 will pay to the Miami Indians residing on said ceded lands the 

23052 sum of thirty thousand dollars, to be paid as follows, viz : fourteen 

23053 thousand two hundred and twenty-three dollars and fifty cents, 

23054 in three equal annual instalments, the first of which shall be 

23055 paid in the month of October, one thousand eight hundred and 

23056 fifty-four ; and the sums of eight thousand dollars and sixty-eight 

23057 cents, in lieu of the improvement money referred to, and seven 



516 



23058 thousand seven hundred and seventy-five dollars and eighty-two 

23059 cents, being the residue of said amount of thirty thousand dol- 

23060 lars, shall be paid immediately after the requisite appropriation 
230G1 shall have been made: Provided, That the said sum of eight 
23002 thousand dollars and sixty-eight cents shall be paid to the per- 

23063 sons who are entitled to the same, as far as that may be prac- 

23064 ticable ; and the seven thousand seven hundred and seventy-five 

23065 dollars and eighty-two cents shall be paid to such of the Miamis 

23066 west as have lost stock or other property by wrongful acts of 

23067 citizens of the United States, while in the Indian country, and 

23068 to those who were injured by the loss of improvements in their 

23069 removal from Sugar Creek to their present home. The claim- 

23070 ants, in all cases, to file their demands with the chiefs within six 

23071 months after the ratification of this instrument ; and if the ag- 

23072 oregate sum of the lawful claims exceeds the amount of the 

23073 fund, the claims shall be reduced by a uniform rule, so that each 

23074 claimant shall receive his pro rata; but if it fall within the 

23075 amount of said fund, the excess shall be paid to the tribe as an. 

23076 nuities are paid. Any person aggrieved by the decision of the 

23077 chiefs may appeal to the agent : "Provided, however, That if the 

23078 Miami Indians of the State of Indiana desire it, and notify the 

23079 Secretary of the Interior of that fact, he will cause the said sum 

23080 of t wo hundred and thirty-one thousand and four dollars to be in- 

23081 vested for them in safe stocks,and pay over annually to said Indians 

23082 the interest arising from such investment, and the said Miami 

23083 Indians now present from the State of Indiana agree to take the 

23084 opinion of their people on their return home, and advise theDe- 

23085 partment without delay." 

23086 S The sum of two hundred and thirty-one thousand and four 

23087 dollars hereby stipulated to be paid to Miami Indians of 

23088 Indiana shall be held by the United States for said last-named 

23089 Indians, and by the Government invested, as the President 

23090 may direct, at an interest of five per cent, per annum, and 

23091 which interest shall be paid annually, for the period of twenty- 

23092 five years, to the said Miami Indians of Indiana, and at the ex- 

23093 pira tion of that time, or sooner if required by them and ap- 

23094 proved by the President, the principal sum to be paid in full, the 

23095 United States being directly responsible therefor ; said invest- 

23096 ment to be made and the interest thereon to commence accruing 

23097 the first day of July, eighteen hundred and fifty-five, and thence 

23098 to continue : Provided, That no persons other than those em- 

23099 braced in the corrected list agreed upon by the Miamis of In- 

23100 diana, in the presence of the Commissioner of Indian Affairs, in 

23101 June, eighteen hundred and fifty-four, comprising three hundred 

23102 and two names as Miami Indians of Indiana, and the increase 

23103 of the families of the persons embraced in said corrected list, 



517 



23104 shall be recipients of the payments, annuities, commutation 

23105 moneys and interest hereby stipulated to be paid to the Miami 

23106 Indians of Indiana, unless other persons shall be added to said 

23107 list by the consent of the said Miami Indians of Indiana, ob- 

23108 tained in council according to the custom of Miami tribe of 

23109 Indians: Provided, That the sum of nine thousand seven him 

23110 dred and forty-six dollars and fourteen cents shall immediately 

23111 be paid out of said sum of two hundred and thirty-one thousand 

23112 and four dollars (and deducted from the same) to the following 

23113 persons, who are a portion of the Miami tribe of Indians re- 

23114 siding in Indiana, and in the following manner: seven thousand 

23115 six hundred and eighty-nine dollars and twenty-two cents to the 

23116 family of Jane T. Griggs, consisting of herself and six children, 

23117 to wit, ^Warren A—, Charles F— , Anthony W— , Ann Eliza—, 

23118 Martha Jane, and Maria Elizabeth Griggs, which sum may be 

23119 paid to the said Jane T. Griggs, and her husband John II. 

23120 Griggs, the father of said children, or to either of them ; and 

23121 the sum of two thousand and fifty-six dollars and ninety-two 

23122 cents to Sash-o-quash and his wife, E-len-e-pish-o quash, which 

23123 may be paid to the said Sash-o-quash, it being understood that 

23124 the said Griggs family have drawn but one annuity for the last 

23125 eight years, the others having been paid to the balance of the 

23126 tribe ; which sum of nine thousand seven hundred and forty-six 

23127 dollars and fourteen cents is to be in full payment and satisfac- 

23128 tion of all sums of money that may be due, owing, or coming to 

23129 said two families, by virtue of this and all former treaties on 

23130 account of their being of the Miami tribe of Indians or other- 

23131 wise. 

23132 The Miami Indians of Indiana being now represented in 

23133 Washington by a fully authorized deputation, and having re- 

23134 quested the foregoing amendments, the same are binding on 

23135 them,- but these amendments are in no way to affect or impair 

23136 the stipulations in said treaty contained as to the Miamis west 

23137 of the Mississippi, the said amendments being final and net 

23138 required to be submitted to the Miamis for their consent. 

23139 And the sum of two thousand two hundred dollars is here- 

23140 by directed to be paid to the said Indians residing in the State 

23141 of Indiana, for time employed and money expended in assisting 

23142 to make this treaty, which may be paid to James T. Miller, their 

23143 interpreter, and Tyn-yi-oh-te-mah, or to either of them, to be 

23144 divided among said Indians according to justice and equality. 

23145 Article 5. It is hereby understood and agreed, respecting 

23146 the permanent annuity of twenty-five thousand dollars, that the 

23147 said Indians shall receive the same for the years eighteen hun- 

23148 dred and fifty-four and eighteen hundred and fifty-five, but no 

23149 longer. It is also understood and agreed (the Miamis west 



518 



23150 consenting) that as the Miamis of Indiana have had no share of 

23151 the iron, steel, salt, tobacco, and so forth, given under treaty 

23152 stipulations, and that as there is now in the Treasury under those 

23153 heads of appropriation an unexpended balance of four thousand 

23154 and fifty-nine dollars and eight cents, they shall have and re- 

23155 ceive said amount — and that the said annuity of twenty-live 

23156 thousand dollars for said two years shall be divided between 

23157 the Miamis of Indiana and those west of Missouri, in the same 

23158 proportion as the annuity of twelve thousand five hundred dol- 

23159 lars is divided in the preceding article. 

23160 Article 6. The United States having advanced, in pur- 

23161 suance of a provision of the act of Congress approved August 

23162 thirtieth, one thousand eight hundred and fifty-two, entitled 

23163 ;c An act making appropriations for the current and contingent 

23164 expenses of the Indian Department," &c, the sum of twelve 

23165 thousand four hundred and thirty-seven dollars and six cents to 

23166 the Miami Indians, for the payment of an amount due to the 

23167 Eel River band that had been erroneously paid to the u Miami 

23168 Nation f and the sum of one thousand five hundred and fifty- 

23169 four dollars and sixty-three cents only, having, since said 

23170 advance, been withheld by the United States, as a re-imburse- 

23171 ment in part therefor, and there being still due to the United 

23172 States, on account thereof, the sum of ten thousand eight hun- 

23173 dred and eighty-two dollars and forty-three cents, it is hereby 

23174 agreed that said balance shall be re-imbursed fully to the United 

23175 States out of the limited annuity of twelve thousand five hun- 

23176 dred dollars, before mentioned in this instrument, in the manner 

23177 and proportions following ; that is to say, out of said annuity 

23178 for the year one thousand eight hundred and fifty-four, and each 

23179 of the five consecutive years, there shall be retained from the 

23180 portion to be paid in those years to the Miamis of Indiana, the 

23181 sum of eight hundred and fifty-three dollars and sixty-three 

23182 cents, and from the portion to be paid to the Miamis west, the 

23183 sum of seven hundred dollars and ninety-nine cents, and in the 

23184 year one thousand eight hundred and sixty, from the portion 

23185 due the Miamis of Indiana, the sum of eight hundred and fifty - 

23186 three dollars and sixty-eight cents, and from the portion due 

23187 those west, the sum of seven hundred and one dollars and three 

23188 cents. 

23189 Article 7. Citizens of the United States or other persons 

23190 not members of said tribe shall not be permitted to make loca- 

23191 tions or settlements in the ceded country, until after the selec- 

23192 tions hereinbefore provided for have been made ; and the pro- 
33193 visions of the act of Congress approved March third, one thou- 
23194 sand eight hundred and seven, in relation to lands ceded to the 



519 



23195 United States, shall, so far as the same are applicable, be ex- 

23196 tended to the lands herein ceded. 

23197 Article 8. The debts of Indians contracted in their private 
2319S dealings as individuals, whether to traders or otherwise, shall 

23199 not be paid out of the general fund. And should any of said 

23200 Indians become intemperate or abandoned, and waste their 

23201 property, the President may withhold any moneys due or paya- 

23202 ble to such, and cause them to be paid, expended, or applied, so 

23203 as to ensure the benefit thereof to their families. 

2320-1 Article 9. The said Indians promise to renew their efforts 

23205 to prevent the introduction and use of ardent spirits in their 

2320G country, to encourage industry, thrift, and morality, and by 

23207 every possible means to promote their advancement in civil iza- 

23208 tion. They desire to be at peace with all men, and they bind 

23209 themselves not to commit depredations or wrong upon either lu- 

23210 dians or citizens ; and should difficulties at any time arise, they 

23211 will abide by the laws of the United States in such cases made 

23212 and provided, as they expect to be protected, and to have their 

23213 rights vindicated by those laws. 

23214 Article 10. It is agreed that all roads and highways, laid 

23215 out by authority of law, shall have right of way through the 
2321G lands herein reserved, on the same terms as are provided by law 

23217 when roads and highways are made through lands of citizens of 

23218 the United States ; and railroad companies, when the lines of 

23219 their roads necessarily pass through the lands of the said In- 

23220 dians, shall have right of way on the payment of a just com- 

23221 pensation therefor in money. 

23222 Article 11. The object of this instrument being to advance 

23223 the interests of said Indians, it is agreed, if it prove iusuffi- 
23221 cient, from causes which cannot now be foreseen, to effect these 

23225 ends, that the President may, by and with the advice and con- 

23226 sent of the Senate, adopt such policy in the management of 

23227 their affairs as, in his judgment, may be most beneficial to 

23228 them ; or Congress may, hereafter, make such provision by law 

23229 as experience shall prove to be necessary. 

23230 Article 12. It is agreed that the first instalment of the 

23231 fourteen thousand two huudred and twenty-three dollars and 

23232 fifty cents, mentioned in the fourth article, being the accumula- 

23233 tion of the poor, infirm, and education fund, shall be applied, 

23234 under the direction of the President, to purposes of education ; 

23235 and that a sufficient sum shall annually be set apart out of the 

23236 payments to the Miamis west of Missouri, so long as any of the 

23237 annuities herein provided for shall continue, to be expended un- 

23238 der the direction of the chiefs, for the support of the poor and 

23239 infirm, and for defraying any expenses of the tribe of a civil 

23240 nature. 



520 



23241 Article 13. It is hereby agreed that the sum of six thou- 

23212 sand five hundred dollars may be set apart from each of the first 

23213 four annual payments to be made to the Miamis west, and ap- 
23211 plied, as far as it may be necessary, to the settlement of their 
23215 affairs. It is also agreed that so much as may be necessary for 
2321G the repair of their mill and school-house shall be set apart from 

23217 any fund now on hand belonging to said Indians, or be taken 

23218 from any of the first instalments in this instrument provided 

23219 for. 

23250 Article 11. This instrument shall be obligatory on the 

23251 contracting parties whenever the same shall be ratified by the 

23252 President and the Senate of the United States. 

23253 Proclaimed August 1, 1854. 



23251 MIAMIS— EEL PIVER OP THORNTOWN PARTY. 



23255 Articles of a treaty made and concluded at the Wyandot village, near 

23256 the Wabash, in the State of Indiana, between John Tipton, 
2325" commissioner for that purpose, on the part of the United States, 

23258 and the chiefs, head-men, and warriors of the Eel River or 

23259 Thorntown party of Miami Indians. 

23260 Article 1. The chiefs, head-men, and warriors of the Eel 

23261 Piver or Thorntown party of Miami Indians, agree to cede, and 

23262 by these presents do cede and relinquish to the United States, 

23263 all their right, title, and claim to a reservation of land about ten 
23261 miles square, at their village on Sngartree Creek ill Indiana, 

23265 which was reserved to said party by the second article of a 

23266 treaty between commissioners of the United States and the 

23267 Miami Nation of Indians, made and entered into at St. Mary's 

23268 in the State of Ohio, on the sixth day of October, one thousand 

23269 eight hundred and eighteen, (proclaimed January 15, 1819.) 

23270 It is understood and agreed on by said Indians that they 

23271 will not burn or destroy the houses or fences on said reservation. 

23272 and that they will leave them in as good condition as they now 

23273 are, and remove to the five-mile reservation on Eel Piver by the 
23271 fifteenth day of October next. 

23275 Article 2. The commissioner of the United States has 

23276 delivered to said party of Indians goods to the value of two 

23277 thousand dollars, in part consideration for the cession herein 

23278 made : and it is agreed that in case this treaty should be ratified 

23279 by the President and Senate of the United States, that the United 

23280 States shall pay said party an additional sum of eight thousand 

23281 dollars in goods next summer, build twelve log-houses, ten on 

23282 the five-mile reservation, and two on the Wabash : clear and 



521 



23283 fence forty acres of laud on the five-mile reservation, fnrnish 

23284 them one wagon and two yoke of oxen, furnish two hands to 
23283 work three months in each year for two years, five hundred dol- 

23286 lars 7 worth of provisions delivered on the Wabash ; furnish them 

23287 five horses, five saddles, and five bridles : Provided, however, That 

23288 if this treaty should not be ratified by the President and Senate 

23289 of the United States, that said party agree to pay, for the goods 

23290 this day received, two thousand dollars, to be deducted from 

23291 their annuity for this present year. 

23292 Article 3. At the request of the Indians, and iu part con- 

23293 sideration for the cession aforesaid, the United States agree to 

23294 pay to Peter Langlois one thousand dollars in silver, and three 

23295 thousand dollars in goods next summer, for provisions and goods 

23296 heretofore delivered to said party. 

23297 Article 4. The United States agree to appropriate one 

23298 thousand dollars per year for five years, and longer if Congress 

23299 think £>roper, to be applied, under the direction of the President, 

23300 to the education of the youths of the Miami Nation. 

23301 Article 5. It is distinctly understood and agreed on by 

23302 and between the contracting parties, that the President and 

23303 Senate may, if they think proper, modify or expunge from 

23304 this treaty the fourth article, without affecting any other of its 

23305 provisions. 

23306 Article 6. This treaty, after the same shall be ratified by 

23307 the President and Senate of the United States, shall be binding 

23308 on the contracting parties. 

23309 Proclaimed May 7, 1828. 



23310 MOHAWKS RESIDING IN UPPER CANADA. 



23311 Relinquishment to New York, by the Mohawk Nation of Indians. 

23312 under the sanction of the United States of America, of all 

23313 claim to lands in that State. 

23314 At a treaty held under the authority of the United States 

23315 with the Mohawk Nation of Indians, residing in the province of 

23316 Upper Canada, within the dominions of the King of Great Brit- 

23317 ain, present, the honorable Isaac Smith, commissioner appoiuted 

23318 by the United States to hold this treaty ; Abraham Ten Broeck, 

23319 Egbert Benson, and Ezra UHommedieu, agents for the State of 

23320 New York ; Captain Joseph Brandt, and Captain John Deseron- 

23321 tyon, two of the said Indians and deputies, to represent the said 

23322 nation at this treaty. 

23323 The said agents having, in the presence and with the ap- 

66 i T 



23324: probation of the said commissioner, proposed to and adjusted 

23325 with the said deputies the compensation as hereinafter roen- 

23326 tioned to be made to the said nation for their claim, to be ex- 

23327 tinguished by this treaty, to all lands within the said State: it 

23328 is thereupon finally agreed and done, between the said agents 

23329 and the said deputies as follows, that is to say : the said agents 

23330 do agree to pay to the said deputies the sum of one thousand 

23331 dollars, for the use of said nation, to be by the said deputies 

23332 paid over to, and distributed among, the persons and families of 

23333 the said nation, according to their usages ; the sum of five hun- 

23334 dred dollars for the expense of the said deputies, during the time 

23335 they have attended this treaty; and the sum of one hundred 

23336 dollars for their^expenses in returning, and for conveying the 

23337 said sum of one thousand dollars to where the said nation re- 

23338 sides. And the said agents do accordingly, for and in the name 

23339 of the people of the State of New York, pay the said three 

23340 several sums to the said deputies, in the presence of the said 

23341 commissioner. And the said deputies do agree to cede and re- 

23342 lease, and these presents witness, that they accordingly do, for 

23343 and in the name of the said nation, in consideration of the said 

23344 compensation, cede and release to the people of the State of Xew 

23345 York forever all the right or title of the said nation to lands within 

23346 the said State ; and the claim of the said nation to lands within 

23347 the said State is hereby wholly and finally extinguished, 

23348 Proclaimed April 27, 1798. 

23349 MOLELS. 

23350 Treaty between the United States of America and the Motel Indians. 

23351 concluded at Dayton, Oregon, December 21, 1855 ; ratified by 

23352 the Senate March 8, 1859. 

23353 Jams Buchanan, President of the United States of America, 

23354 to all and singular to whom these presents shall come, 

23355 greeting : 

23356 Whereas a treaty was made and concluded at Dayton, in 

23357 Oregon, on the twenty-first day of December, one thousand eight 

23358 hundred and fifty-five, between Joel Palmer, superintendent of 

23359 Indian affairs for the Territory of Oregon, on the part of the 

23360 United States, and the hereinafter-named chiefs and head-men of 

23361 the Mo-lal-la-las or Molel tribe of Indians, on behalf of and duly 

23362 authorized by the said tribe, which treaty is in the words and 

23363 figures following, to wit : 

23364 Articles of convention and agreement entered into this 21st day 

23365 of December, 1855, between Joel Palmer, superintendent of 



523 



23366 Indian affairs, acting for and in behalf of the United States, 

23367 and the chiefs and head-men of the Mo-lal-la-las or Molel 

23368 tribe of Indians, they being authorized by their respective 

23369 bands in council assembled. 

23370 Article 1. The above-named tribe of Indians hereby cede 

23371 to the United States all their right, title, interest, and claim to 

23372 all that part of Oregon Territory situated and bounded as bere- 

23373 inafter described, the same being claimed by them, to wit : Be- 
23371 ginning at Scott's Peak, being the northeastern termination of 

23375 the purchase made of the Umpaquah and Calapooias, of Umpa- 

23376 quah Talley, on the 29th day of November, 1851 ; thence run- 

23377 ning southernly on the eastern boundary line of that purchase 

23378 aud the purchase of the Cow Creeks, on the 19th day of Sep- 

23379 tember, 1853, and the tract purchased of the Scotens, Chestas, 

23380 and Grave Creeks, on the eighteenth day of November, 
233S1 1854, to the boundary of the Eogue Eiver purchase made on 

23382 the tenth day of September, 1853 ; thence along the northern 

23383 boundary of that purchase to the summit of the Cascade Mount- 

23381 ains ; thence northerly along the summit of said mountains to 

23385 a point due east of Scott's Peak ; thence west to the place of 

23386 beginning. 

23387 Article 2. In consideration of the cession and relinquisk- 

23388 ment herein made, the United States agree to make the follow- 

23389 ing provisions for said Indians and pay the sums of money as 

23390 follows : 

23391 1st. To secure to the members of said tribe all the rights 

23392 and privileges guaranteed by treaty to the Umpaquah aud Cal- 

23393 apooias, of the Umpaquah Valley, jointly with said tribes, they 

23394 hereby agreeing to confederate with those bands. 

23395 2d. To erect and keep in repair and furnish suitable persons 

23396 to attend the same for the term of ten years, the benefits of 

23397 which to be shared alike by all the bands confederated, one 

23398 ftouring-niill and one saw-mill. 

23399 3d. To furnish iron, steel, and other materials for supplying 

23100 the smith's shop and tin-shop stipulated in the treaty of 29th 

23101 November, 1851, and pay for the services of the uecessary rne- 
23-102 chanics for that service for five years in addition to the time 
23103 specified by that treaty. 

23101 4th. To establish a manual-labor school, employ and pay 

23105 teachers, furnish all necessary materials and subsistence for pu- 

23106 pils, of sufficient capacity to accommodate all the children be- 

23107 longing to said confederate bands, of suitable age and condition 

23108 to atteud said school. 

23109 5th. To employ aud pay for the services of a carpenter and 
23410 joiner for the term of ten years, to aid in erecting buildings and 
23111 making furniture for said Indians, and to furnish tools for use 
23412 in said service. 



524 



23113 6th. To employ and pay for the services of an additional 

23414 farmer for the term of five years. 

23415 Article 3. In consequence of the existence of hostilities 
23116 between the whites and a portion of the Indian tribes in South- 

23417 ern Oregon and Northern California, and the proximity of the 

23418 Umpaquah reservation to the mining district, and the consequent 

23419 fluctuating and transient population, and the frequent commis- 

23420 sion by whites and Indians of petty offences, calculated to dis- 

23421 turb the peace and harmony of the settlement, it is hereby 

23422 agreed, the Umpaquahs and Calapooias agreeing, that the bands 

23423 thus confederated shall immediately remove to a tract of land 

23424 selected on the head-waters of the Yamhill River adjoining the 

23425 coast reservation, thereon to remain until the proper improve- 

23426 ments are made upon that reservation for the accommodation 

23427 of said confederate bands, in accordance with the provisions of 

23428 this and the treaty of 29th November, 1854, and when so made, 

23429 to remove to said coast reservation, or such other point as may, by 

23430 direction of the President of the United States, be designated 

23431 for the permanent residence of said Indians. 

23432 Article 4. For the purpose of carrying out in good faith 

23433 the objects expressed in the preceding article, it is hereby 

23434 agreed, on the part of the United States, that the entire expense 

23435 attending the removal of the bands named, including transpor- 

23436 tation and subsistence, and the erection of temporary buildings 

23437 at the encampment designated, as well as medical attendance 

23438 on the sick, shall be paid by the United States. 

23439 Article 5. It is further agreed that rations, according to 

23440 the Army regulations, shall be furnished the members of the said 

23441 confederated bands, and distributed to the heads of families, 

23442 from the time of their arrival at the encampment on the head- 

23443 waters of Yamhill Eiver until six months after their arrival at 

23444 the point selected as their permanent residence. 

23445 Article 6. For the purpose of insuring the means of sub- 

23446 sistence for said Indians, the United States engage to appropri- 

23447 ate the sum of twelve thousand dollars for the extinguishment 

23448 of title and the payment of improvements made thereon by white 

23449 settlers to lands in the Grand Sound Yalley, the point of en- 

23450 campment referred to, to be used as wheat-farms, or other pur- 

23451 poses, for the benefit of said Indians, and for the erection of 

23452 buildings upon the reservation, opening farms, purchasing of 

23453 teams, tools, and stock ; the expenditure of which amounts, and 

23454 the direction of all the provisions of this convention, shall be in 

23455 accordance with the spirit and meaning of the treaty of 29th 

23456 November, 1854, with the Umpaquah and Calapooia tribes afore- 

23457 said. 

23458 Proclaimed April 27, 1859. 



525 



23459 NAVAJOS. 

23460 Treaty between the United States of America and the Navajo tribe 

23461 of Indians. 

23462 The followiug acknowledgements, declarations, and stipu- 

23463 latious have been duly considered, and are now solemnly adopt- 

23464 ed and proclaimed by the undersigned; that is to say, John M. 

23465 Washington, governor of New Mexico, and lieu ten ant- colonel 

23466 commanding the troops of the United States in New Mexico, 

23467 and James S. Calhoun, Indian agent, residing at Santa Fe, in 

23468 New Mexico, representing the United States of America, and 

23469 Mariano Martinez, head chief, and Chapitone, second chief, on 

23470 the part of the Navajo tribe of Indians : 

23471 I. The said Indians do hereby acknowledge that, by virtue 

23472 of a treaty entered into by the United States of America and 

23473 the United Mexican States, signed on the second day of Febru- 

23474 ary, in the year of our Lord eighteen hundred and forty-eight, 

23475 at the city of Guadalupe Hidalgo, by N. P. Trist, of the first 

23476 part, and Luis G. Cuevas, Bernardo Couto, and Mgl Atristain, 

23477 of the second part, the said tribe was lawfully placed under the 

23478 exclusive jurisdiction and protection of the Government of the 

23479 said United States, and that they are now, aud will forever re- 

23480 main, under the aforesaid jurisdiction and protection. 

23481 II. That from and after the signing of this treaty, hostilities 

23482 between the contracting parties shall cease, and perpetual peace 

23483 and friendship shall exist; the said tribe hereby solemnly cove- 

23484 nanting that they will not associate with, or give countenance 

23485 or aid to, any tribe or band of Indians, or other persons or pow- 

23486 ers, who may be at any time at enmity with the people of the 

23487 said United States; that they will remain at peace, and treat 

23488 honestly and humanely all persons and powers at peace with 

23489 the said States; and all cases of aggression against said 

23490 Navajoes by citizens or others of the United States, or by other 

23491 persons or powers in amity with the said States, shall be re- 

23492 ferred to the Government of said States for adjustment and set- 

23493 tlement. 

23494 III. The Government of the said States having the sole and 

23495 exclusive right of regulating the trade and intercourse with the 

23496 said Navajoes, it is agreed that the laws now in force regulating 

23497 the trade and intercourse, and for the preservation of peace 

23498 with the various tribes of Indians under the protection aud 

23499 guardianship of the aforesaid Government, shall have the same 

23500 force and efficiency, and shall be as binding and as obligatory 

23501 upon the said Navajoes, and executed in the same manner, as 



526 



23502 if said laws had been passed for their sole benefit and protec- 

23503 tion ; and to this end, and for all other useful purposes, the gov- 

23504 eminent of New Mexico, as now organized, or as it may be by 

23505 the Government of the United {States, or by the legally consti- 
2350G tuted authorities of the people of New Mexico, is recognized 

23507 and acknowledged by the said Navajoes, and for the due em 

23508 forcenient of the aforesaid laws, until the Government of the 

23509 United States shall otherwise order, the territory of the Nava- 

23510 joes is hereby annexed to New Mexico. 

23511 IV. The Navajo Indians hereby bind themselves to deliver 

23512 to the military authority of the United States in New Mexico, at 

23513 Santa Fe, New Mexico, as soon as he or they can be appre- 
23511 bended, the murderer or murderers of Micente Garcia, that said 

23515 fugitive or fugitives from justice may be dealt with as justice 

23516 may decree. 

23517 V. All American and Mexican captives, and all stolen property 

23518 taken from Americans or Mexicans, or other persons or j)owers 

23519 iu amity with the United States, shall be delivered by the Navajo 

23520 Indians to the aforesaid military authority at Jemez, New Mexico, 

23521 on or before the 9th day of October next ensuing, that justice 

23522 may be meted out to all whom it may concern; and also all In- 

23523 dian captives and stolen property of such tribe or tribes of 

23524 Indians as shall enter into a similar reciprocal treaty, shall, in 

23525 like manner, and for the same purposes, be turned over to an 

23526 authorized officer or agent of the said States by the aforesaid 

23527 Navajoes. 

23528 VI. Should any citizen of the United States, or other per- 

23529 son or persons subject to the laws of the United States, murder, 

23530 rob, or otherwise maltreat any Navajo Indian or Indians, he or 

23531 they shall be arrested and tried, and upon conviction shall be 

23532 subjected to all the penalties provided by law for the protec- 

23533 tion of the persons and property of the people of the said States. 
23531 VII. The people of the United States of America shall have 

23535 free and safe passage through the territory of the aforesaid In- 

23536 dians, under such rules and regulations as may be adopted by 

23537 authority of the said States. 

23538 VIII. In order to preserve tranquility, and to afford pro- 

23539 tection to all the people and interests of the contracting parties, 

23510 the Government of the United States of America will establish 

23511 such military posts and agencies, and authorize such trading- 

23512 houses, at such time and in such places, as the said Government 

23513 may designate, 

23511 IX. Relying confidently upon the justice and the liberality 

23545 of the aforesaid Government, and anxious to remove every possi- 

23546 ble cause that might disturb their peace and quiet, it is agreed 

23547 by the aforesaid Navajoes that the Government of the United 



527 



23548 States shall, at its earliest •onvenience, designate, settle, and 

23549 adjust their territorial boundaries, and pass and execute in their 

23550 territory such laws as may be deemed conducive to the prosperity 

23551 and happiness of said Indians. 

23552 X. For and in consideration of the faithful performance of 

23553 all the stipulations herein contained by the said Navajo Indians, 

23554 the Government of the United States will grant to said Indians 

23555 such donations, presents, and implements, and adopt such other 

23556 liberal and humane measures, as said Government may deem 

23557 meet and proper. 

23558 XL This treaty shall be binding upon the contracting par- 

23559 ties from and after the signing of the same, subject only to such 

23560 modifications and amendments as may be adopted by the Gov- 

23561 eminent of the United States ; and, finally, this treaty is to 

23562 receive a liberal construction, at all times and in all places, to 

23563 the end that the said Navajo Indians shall not be held respon- 

23564 sible for the conduct of others, and that the Government of the 

23565 United States shall so legislate and act as to secure the perma- 

23566 nent prosperity and happiness of said Indians. 

23567 Proclaimed September 24, 1850. 



23568 Treaty between the United States of America and the Navajo tribe 

23569 of Indians, concluded June 1, 1868 j ratification advised July 

23570 25, 1868. 



23571 Andrew Johnson, President of the United States of America, 

23572 to all and singular to whom these presents shall come, greet- 

23573 ing : 

23574 Whereas a treaty was made and concluded at Fort Sumner, 

23575 in the Territory of New Mexico, on the first clay of June, in the 

23576 year of our Lord one thousand eight hundred and sixty-eight, 

23577 by and between Lieu tenant-General AY. T. Sherman and Sam- 

23578 uel P. Tappau, commissioners, on the part of the United States, 

23579 and Barboncito, Armijo, and other chiefs and head-men of the 

23580 Navajo tribe of Indians, on the part of said Indians, and duly 

23581 authorized thereto by them, which treaty is in the words and 

23582 figures following, to wit : 

23583 Articles of a treaty and agreement made and entered into at 

23584 Fort Sumner, New Mexico, on the first day of June, one 

23585 thousand eight hundred and sixty-eight, by and between 

23586 the United States, represented by its commissioners, Lieu- 

23587 tenant-General W, T. Sherman and Colonel Samuel F. Tap 

23588 pan, of the one part, and the Navajo Nation or tribe of 

23589 Indians, represented by their chiefs and head-men, duly au- 

23590 thorized and empowered to act for the whole people of said 



528 



23591 nationor tribe, r (the names of said chiefs and head-men being 

23592 hereto subscribed,) of the other part, witness : 

23593 Article 1. From this day forward all war between the 

23594 parties to this agreement shall forever cease. The Government 

23595 of the United States desires peace, and its honor is hereby 

23596 pledged to keep it. The Indians desire peace, and they now 

23597 pledge their honor to keep it. 

23598 If bad men among the whites, or among other people sub- 

23599 ject to the authority of the United States, shall commit any 

23600 wrong upon the person or property of the Indians, the United 

23601 States will, upon proof made to the agent and forwarded to the 

23602 Commissioner of Indian Affairs at Washington City, proceed at 

23603 once to cause the offender to be arrested and punished accord - 
23601 ing to the laws of the United States, and also to reimburse the 

23605 injured persons for the loss sustained. 

23606 If bad men among the Indians shall commit a wrong or dep- 

23607 redation upon the person or property of any one, white, black, 

23608 or Indian, subject to the authority of the United States and at 

23609 peace therewith, the Navajo tribe agree that they will, on proof 

23610 made to their agent, and on notice by him, deliver up the wrong- 

23611 doer to the United States, to be tried and punished according 

23612 to its laws ; and in case they wilfully refuse so to do, the per- 

23613 son injured shall be reimbursed for his loss from the annuities 
23611 or other moneys due or to become due to them under this treaty, 

23615 or any others that may be made with the United States. And 

23616 the President may prescribe such rules and regulations for as- 

23617 certaining damages under this article as in liis judgment may 

23618 be proper $ but no such damage shall be adjusted and paid until 

23619 examined and passed upon by the Commissioner of Indian Affairs, 

23620 and no one sustaining loss whilst violating, or because of his 

23621 violating, the provisions of this treaty or the laws of the United 

23622 States, shall be reimbursed therefor. 

23623 Article 2. The United States agrees that the following 
23621 district of country, to wit : bounded on the north by the 37th 

23625 degree of north latitude, south by an east and west line passing 

23626 through the site of old Fort Defiance, in Canon Bonito, east by 

23627 the parallel of longitude which, if prolonged south, would pass 

23628 through old Fort Lyon, or the Ojo-de-oso, Bear Spring, and 

23629 west by a parallel of longitude about 109° 30' west of Green- 

23630 wich, provided it embraces the outlet of the Canon-de-Chilly, 

23631 which canon is to be all included in this reservation, shall be, 

23632 and the same is hereby, set apart for the use and occupation of 

23633 the Navajo tribe of Indians, and for such other friendly tribes 

23634 or individual Indians as from time to time they may be willing, 

23635 with the consent of the United States, to admit among them ; 

23636 and the United States agrees that no persons except those 



529 



23G37 herein so authorized to do, aud except such officers, soldiers, 

23638 agents, and employes of the Government, or of the Indians, as 

23639 may be authorized to enter upon Indian reservations in discharge 

23640 of duties imposed by law, or the orders of the President, shall 

23641 ever be permitted to pass over, settle upon, or reside in, the ter- 

23642 ritory described in this article. 

23643 Article 3. The United States agrees to cause to be built, 

23644 at some point within said reservation, where timber and water 

23645 may be convenient, the following buildings: a warehouse, to 

23646 cost not exceeding twenty-live hundred dollars; an agency 

23647 building for the residence of the agent, not to cost exceeding 

23648 three thousa. I dollars; a carpenter-shop and blacksmith-shop, 

23649 not to cost exceeding one thousand dollars each ; and a school- 

23650 house and chapel, so soon as a sufficient number of children 

23651 can be induced to attend school, which shall not cost to exceed 

23652 five thousand dollars. 

23653 Article 4. The United States agrees that the agent for 

23654 the Navajos shall make his home at the agency building ; that 

23655 he shall reside among them, and shall keep an office open at all 

23656 times for the purpose of prompt and diligent inquiry into such 

23657 matters of complaint by or against the Indians as may be pre- 

23658 seated for investigation, as also for the faithful discharge of 

23659 other duties enjoined by law. In all cases of depredation on 

23660 person or property he shall cause the evidence to be taken in 

23661 writing and forwarded, together with his finding, to the Oom- 

23662 missioner of Indian Affairs, whose decision shall be binding on 

23663 the parties to this treaty. 

23664 Article 5. If any individual belonging to said tribe, or Ie- 

23665 gaily incorporated with it, being the head of a family, shall desire 

23666 to commence farming, he shall have the privilege to select, in the 

23667 presence and with the assistance of the agent then in charge, a 

23668 tract of land within said reservation, not exceeding one hun- 

23669 dred and sixty acres in extent, which tract, when so selected, 

23670 certified, and recorded in the li land-book" as herein described, 

23671 shall cease to be held in common, but the same may be occupied 

23672 and held in the exclusive possession of the person selecting it, 

23673 and of his family, so long as he or they may continue to culti- 

23674 vate it. 

23675 Any person over eighteen years of age, not being the head 

23676 of a family, may in like manner select, and cause to be certified 

23677 to him or her for purposes of cultivation, a quantity of land, 

23678 not exceeding eighty acres in extent, and thereupon be entitled 

23679 to the exclusive possession of the same as above directed. 

23680 For each tract of land so selected a certificate containing a 

23681 description thereof, and the name of the person selecting it, 

23682 with a certificate endorsed thereon that the same has been re- 

67 i T 



530 



23683 corded, shall be delivered to the party entitled to it by the 

23684 agent, after the same shall have been recorded by him in a book 

23685 to be kept in his office, subject to inspection, which, said book 

23686 shall be known as the u Navajo land-book." 

23687 The President may at any time order a survey of the reser- 

23688 vatioD, and when so surveyed, Congress shall provide for pro- 

23689 tecting the rights of said settlers in their improvements, and 

23690 may fix the character of the title held by each. 

23691 The United States may pass such, laws on the subject of 

23692 alienation and descent of property between the Indians and 

23693 their descendants as may be thought proper. 

23694 Article 6. In order to insure the civilization of the Indians 

23695 entering into this treaty, the necessity of education is admitted, 

23696 especially of such of them as may be settled on said agricul- 

23697 tnral parts of this reservation, and they therefore pledge them- 

23698 selves to compel their children, male and female, between the 

23699 ages of six and sixteen years, to attend school; and it is hereby 

23700 made the duty of the agent for said Indians to see that this 

23701 stipulation is strictly complied with; and the United States 

23702 agrees that for every thirty children between said ages, who 
• 23703 can be induced or compelled to attend school, a house shall be 

23704 provided, and a teacher competent to teach the elementary 

23705 branches of an English education shall be furnished, who shall 

23706 reside among said Indians and faithfully discharge his or her 

23707 duties as a teacher. 

23708 The provisions of this article to continue for not less than 

23709 ten years. 

23710 Article 7. When the head of a family shall have selected 

23711 lands and received his certificate as above directed, and the 

23712 agent shall be satisfied that he intends in good faith to com- 

23713 mence cultivating the soil for a living, he shall be entitled 

23714 to receive seeds and agricultural implements for the first year, 

23715 not exceeding in value one hundred dollars, and for each suc- 

23716 ceeding year he shall continue to farm, for a period of two years, 

23717 he shall be entitled to receive seeds and implements to the 

23718 value of twenty-five dollars. 

23719 Article 8. In lieu of all sums of money or other annui- 

23720 ties provided to be paid to the Indians herein named, under 

23721 any treaty or treaties heretofore made, the United States agrees 

23722 to deliver at the agency-house on the reservation herein named, 

23723 on the first day of September of each year for ten years, the 

23724 following articles, to wit : 

23725 Such articles of clothing, goods, or raw materials in lieu 

23726 thereof as the agent may make his estimate for, not exceeding 

23727 in value five dollars per Indian — each Indian being encouraged 

23728 to manufacture their own clothing, blankets, &c. ; to be fur- 



531 



23729 nished with no article which they can manufacture themselves. 

23730 And, in order that the Commissioner of Indian Affairs may be 

23731 able to estimate properly for the articles herein named, it shall 

23732 be the duty of the agent each year to forward to him a full and 

23733 exact census of the Indians, on which the estimate from year to 

23734 year can be based. 

23735 And in addition to the articles herein named, the sum] of 

23736 ten dollars for each person entitled to the beneficial effects of 

23737 this treaty shall be annually appropriated for a period of ten 

23738 years, for each person who engages in farming or mechanical 

23739 pursuits, to be used by the Commissioner of Indian Affairs in 

23740 the purchase of such articles as from time to time the condition 

23741 and necessities of the Indians may indicate to be proper ; and if 

23742 within the ten years at anytime it shall appear that the amount 

23743 of money needed for clothing, under the article, can be appro- 

23744 priated to better uses for the Indians named herein, the Com- 

23745 missioner of Indian Affairs may change the appropriation to 

23746 other purposes, but in no event shall the amount of this appro- 

23747 priation be withdrawn or discontinued for the period named, 

23748 provided they remain at peace. And the President shall annu- 

23749 ally detail an officer of the Army to be present and attest the. 

23750 delivery of all the goods herein named to the Indians, and he 

23751 shall inspect and report on the quantity and quality of the 

23752 goods and the manner of their delivery. 

23753 Article 9. In consideration of the advantages and bene- 

23754 fits conferred by this treaty, and the many pledges of friendship 

23755 by the United States, the tribes who are parties to this agree- 

23756 ment hereby stipulate that they will relinquish all right to occupy 

23757 any territory outside their reservation, as herein defined, but 

23758 retain the right to hunt on any unoccupied lauds contiguous to 

23759 their reservation, so long as the large game may range thereon 

23760 in such numbers as to justify the chase; and they, the said 

23761 Indians, further expressly agree : 

23762 1st. That they will make no opposition to the construction 

23763 of railroads now being built or hereafter to be built across the 

23764 continent, 

23765 2d. That they will not interfere with the peaceful construe- 

23766 tion of any railroad not passing over their reservation as herein 

23767 defined. 

23768 3d. That they will not attack any persons at home or travel- 

23769 ling, nor molest or disturb any wagon-trains, coaches, mules, or 

23770 cattle belonging to the people of the United States, or to persons 

23771 friendly therewith. 

23772 4th. That they will never capture or carry off from the 

23773 settlements women or children. 



532 



23774 5th. They will never kill or scalp white men, nor attempt to 

23775 do them harm. 

23776 6th. They will not in future oppose the construction of rail- 

23777 roads, wagon-roads, mail stations, or other works of utility or 

23778 necessity which may be ordered or permitted by the laws of the 

23779 United States ; but should such roads or other works be con- 

23780 structed on the lands of their reservation, the Government will 

23781 pay the tribe whatever amount of damage may be assessed by 

23782 three disinterested commissioners to be appointed by the Presi- 

23783 dent for that purpose, one of said commissioners to be a chief or 
23781 head-man of the tribe. 

23785 7th. They will make no opposition to the military posts or 

23786 roads now established, or that may be established, not in viola- 

23787 tion of treaties heretofore made or hereafter to be made with 

23788 any of the Indian tribes. 

23789 Article 10. Xo future treaty for the cession of any portion 

23790 or part of the reservation herein described, which may be held 

23791 in common, shall be of any validity or force against said Indians 

23792 unless agreed to and executed by at least three-fourths of all 

23793 the adult male Indians occirpying or interested in the same ; and 
.23791 no cession by the tribe shall be understood or construed in such 

23795 manner as to deprive, without his consent, any individual mem- 

23796 ber of the tribe of his rights to any tract of land selected by him 

23797 as provided in article 5 of this treaty. 

23798 Article 11. The Xavajos also hereby agree that at any 

23799 time after the signing of these presents they will proceed in such 

23800 manner as may be required of them by the agent, or by the officer 

23801 charged with their removal, to the reservation herein provided 

23802 for, the United States paying for their subsistence en route, 

23803 and providing a reasonable amount of transportation for the sick 
23801 and feeble. 

23805 Article 12, It is further agreed by and between the parties 

23806 to this agreement that the sum of one hundred and fifty thou- 

23807 sand dollars appropriated, or to be appropriated, shall be dis- 

23808 bursed as follows, subject to any condition provided in the law, 

23809 to wit : 

23810 1st. The actual cost of the removal of the tribe from the 

23811 Bosque Eedondo reservation to the reservation, say fifty thou- 

23812 sand dollars. 

23813 2d. The purchase of fifteen thousand sheep and goats, at a 

23814 cost not to exceed thirty thousand dollars. 

23815 3d. The purchase of five hundred beef cattle and a million 

23816 pounds of corn, to be collected -and held at the military post 

23817 nearest the reservation, subject to the orders of the agent, for 

23818 the relief of the needy during the coming winter.- 

23819 4th. The balance, if any, of the appropriation to be invested 



533 



23820 for the maintenance of the Indians pending their removal, in 

23821 such manner as the agent who is with them may determine. 

23822 5th. The removal of this tribe to be made under the supreme 

23823 control and direction of the military commander of the Terri- 

23824 tory of New Mexico, and when completed, the management of 

23825 the tribe to revert to the proper agent. 

2382G Article 13. The tribe herein named, by their representa- 

23S27 tives, parties to this treaty, agree to make the reservation herein 

23828 described their permanent home, and they will not as a tribe 

23829 make any permanent settlement elsewhere, reserving tin- righl 

23830 to hunt on the lands adjoining the said reservation formerly 

23831 called theirs, subject to the modifications named in this treaty 

23832 and the orders of the commander of the department in which 

23833 said reservation may be, for the time being ; aud it is further 
23831 agreed and understood by the parties to this treaty, that if any 

23835 Navajo Indian or Indians shall leave the reservation herein 

23836 described, to settle elsewhere, he or they shall forfeit all the 

23837 rights, privileges, and annuities conferred by the terms of this 

23838 treaty : and it is further agreed by the parties to this treaty, that 

23839 they will do all they can to induce Indians now away from reser- 

23810 vations set apart for the exclusive use and occupation of the In- 

23811 dians, leading a nomadic life, or engaged in war against the 

23812 people of the United States, to abandon such a life and settle 

23813 permanently in one of the territorial reservations set apart for 
23811 the exclusive use and occupation of the Indians. 

23815 Proclaimed August 12, 1818. 



23S1G KEZ PEKCltS. 

23817 Treaty between the United States of America and the Xez Perce 

23818 Indians, concluded at Cam}) Stevens, in the Walla-Walla 

23819 Vialley, June 11, 1855 : ratified bij the Senate March 8, 1859. 

23850 JA3IES Buchanan, President of the United States of America, 

23851 to all and singular to whom these presents shall come, greet- 

23852 ing: 

23853 Whereas a treaty was made and concluded at the treaty- 
23851 ground. Camp Stevens, in the Walla- Walla Valley, on the eleventh 

23855 day of June, one thousand eight hundred and fifty-live, between 

23856 Isaac L Stevens, governor and superintendent of Indian affairs 

23857 for the Territory of Washington, and Joel Palmer, superiuteud- 

23858 eut of Indian affairs for Oregon Territory, on the part of the 

23859 United States, and the hereinafter-named chiefs, head-men, and 

23860 delegates of the Xez Perce tribe of Indians occupying lands lying 



534 



23861 partly in Oregon and partly in Washington Territory, between 

23862 the Cascade and the Bitter Eoot Mountains, on behalf of and 

23863 duly authorized by said tribe, which said treaty is in the words 

23864 and figures following, to wit : 

23865 Articles of agreement and convention made and concluded at 

23866 the treaty ground, Camp Stevens, in the Walla-Walla Yalley, 

23867 this eleventh day of June, in the year one thousand eight 

23868 hundred and fifty-five, by and between Isaac I. Stevens, 

23869 governor and superintendent of Indian affairs for the Ter- 

23870 ritory of Washington, and Joel Palmer, superintendent of 

23871 Indian affairs for Oregon Territory, on the part of the United 

23872 States, and the undersigned chiefs, head-men, and delegates of 

23873 the Nez Perce tribe of Indians occupying lands lying partly 

23874 in Oregon and partly in Washington Territories, between 

23875 the Cascade and Bitter Eoot Mountains, on behalf of and 

23876 acting for said tribe, and being duly authorized thereto by 

23877 them, it being understood that Superintendent Isaac I. 

23878 Stevens assumes to treat only with those of the above- 
23870 named tribe of Indians residing within the Territory of 

23880 Washington, and Superintendent Palmer with those resid- 

23881 ing exclusively in Oregon Territory. 

23882 Article 1. The said ^Tez Perce tribe of Indians hereby 

23883 cede relinquish, and convey to the United States all their right, 
23881 title, and interest in and to the country occupied or claimed by 

23885 them, bounded and described as follows, to wit : Commencing at 

23886 the source of the Wo-na-ne-she or southern tributary of the Pa- 

23887 louse River; thence down that river to the main Palouse ; thence 

23888 in a southerly direction to the Snake River, at the mouth of the 

23889 Tucanon River : thence up the Tucanon to its source in the Blue 

23890 Mountains; thence southerly along the ridge of the Blue Mouut- 

23891 ains; thence to a point on Grand Ronde River, midway between 

23892 Grand Ronde and the mouth of the Woll-low-how River ; thence 

23893 along the divide between the waters of the Woll-low-how and 

23894 Powder River; thence to the crossing of Snake River, at the 

23895 mouth of Powder River ; thence to the Salmon River, fifty miles 

23896 above the place known [as] the " crossing of the Salmon River ;" 

23897 thence due north to the summit of the Bitter Root Mountains } 

23898 thence jilong the crest of the Bitter Root Mountains to the place 

23899 of beginning. 

23900 Article 2. There is, however, reserved from the lands 

23901 above ceded for the use and occupation of the said tribe, and as 

23902 a general reservation for other friendly tribes and bands of In- 

23903 dians in Washington Territory, not to exceed the present num- 

23904 bers of the Spokane, Walla- Walla, Cayuse, and Umatilla tribes 

23905 and bands of Indians, the tract of land included within the fol. 

23906 lowing boundaries, to wit : Commencing where the Moh-ha-na- 



535 



23907 she or southern tributary of the Palouse River flows from the 

23908 spurs of the Bitter Eoot Mountains ; thence down said tributary 

23909 to the mouth of the Ti-nat-pan up Creek; thence southerly to 

23910 the crossing of the Snake Eiver, ten miles below the mouth of 

23911 the Al-po-wa-wi Eiver; thence to the source of the Al-po-wa-wi 

23912 Elver in the Blue Mountains ; thence along the crest of the Blue 

23913 Mountains; thence to the crossing of the Grand Eonde Eiver, 
23911 midway between the Grand Eonde and the. mouth of the Woll- 

23915 low-how Eiver ; thence along the divide between the waters of 

23916 the TVoll-low-how and Powder Bivers ; thence to the crossing of 

23917 the Snake Eiver, fifteen miles below the mouth of the Powder 

23918 Eiver; thence to the Salmon Eiver above the crossing; thence, 

23919 by the spurs of the Bitter Eoot Mountains, to the place of be- 

23920 ginning, 

23921 All which tract shall be set apart, and, so far as necessary, 

23922 surveyed and marked out for the exclusive use and benefit of 

23923 said tribe as an Indian reservation ; nor shall any white man, 
23921 excepting those in the employment of the Indian Department, 

23925 be permitted to reside upon the said reservation without permis 

23926 sion of the tribe and the superintendent and agent ; and the said 

23927 tribe agrees to remove to and settle upon the same within one 
2392S year after the ratification of this treaty, In the mean time it 

23929 shall be lawful for them to reside upon any ground not in the 

23930 actual claim and occupation of citizens of the United States, 

23931 and upon any ground claimed or occupied, if with the permission 

23932 of the owner or claimant, guarantying, however, the right to all 

23933 citizens of the United States to enter upon and occupy as settlers 
23931 any lands not actually occupied and cultivated by said Indians 

23935 at this time, and not included in the reservation above named. 

23936 And provided that any substantial improvement heretofore 

23937 made by any Indian, such as fields enclosed and cultivated, and 

23938 houses erected upon the lands hereby ceded, and which he may 

23939 be compelled to abandon in consequence of this treaty, shall be 

23910 valued under the direction of the President of the United States, 

23911 and payment made therefor in money, or improvements of an 

23912 equal value be made for said Indian upon the reservation, and 

23913 no Indian will be required to abandon the improvements afore- 
23911 said, now occupied by him, until their value in money or im- 
23945 provements of equal value shall be furnished him as aforesaid. 

23916 Article 3. And provided that, if necessary for the public 

23917 convenience, roads may be run through the said reservation, 

23918 and, on the other hand, the right of way, with free access from 

23919 the same to the nearest public highway, is secured to them, as 

23950 also the right, in common with citizens of the United States, to 

23951 travel upon all public highways. The use of the Clear Water 

23952 and other streams flowing through the reservation is also se- 



536 



23953 cured to citizens of the United States for rafting purposes, and 

23954 as public highways. 

23955 The exclusive right of taking fish in all the streams where 

23956 running through or bordering said reservation is further secured 

23957 to said Indians ; as also the right of taking fish at all usual and 
2395S accustomed places iu common with citizens of the Territory ; 

23959 and of erecting temporary buildings for curing, together with 

23960 the privilege of hunting, gathering roots and berries, and pas- 

23961 taring their horses and cattle upon open and unclaimed land. 

23962 Article 1. In consideration of the above cession, the 

23963 United States agree to pay to the said tribe, in addition to the 

23964 goods and provisions distributed to them at the time of 'signing 

23965 this treaty, the sum of two hundred thousand dollars, in the 

23966 following manner, that is to say, sixty thousand dollars, to be 

23967 expended under the direction of the President of the United 

23968 States, the first year after the ratification of this treaty, in pro- 

23969 viding for their removal to the reserve, breaking up and fenc- 

23970 ing farms, building houses, supplying them with provisions and 

23971 a suitable outfit, and for such other objects as he may deem 

23972 necessary, and the remainder in annuities, as follows: for the 

23973 first five years after the ratification of this treaty, ten thousand 
23971 dollars each year commencing September 1, 1856 ; for the next 

23975 five years, eight thousand dollars each year ; for the next five 

23976 years, six thousand each year, and for the next five years, four 

23977 thousand dollars each year. 

23978 All which said sums of money shall be applied to the use and 

23979 benefit of the said Indians, under the direction of the President 

23980 of the United States, who may, from time to time, determine, 

23981 at his discretion, upon what beneficial objects to expend the 

23982 same for them. And the superintendent of Indian affairs, or 

23983 other proper officer, shall each year inform the President of the 
239SI wishes of the Indians in relation thereto. 

23985 Article 5. The United States farther agree to establish, 

23986 at suitable points within said reservation, within one year after 

23987 the ratification hereof, two schools, erecting the necessary build- 

23988 iogs, keeping the same in repair, and providing them with furni- 

23989 tare, books, and stationery, one of which shall be an agricul- 

23990 tural and industrial school, to be located at the agency, and to 

23991 be free to the children of said tribe, and to employ one superintend- 

23992 ent of teaching and two teachers j to build two blacksmiths' shops. 

23993 to one of which shall be attached a tin-shop and to the other a 
23991 gunsmith's shop : one carpenter's shop, one wagon and plough 

23995 maker's shop, and to keep the same in repair, and furnished 

23996 with the necessary tools ; to employ one superintendent of farin- 

23997 ing and two farmers, two blacksmiths, one tinner, one gunsmith, 

23998 one carpenter, one wagou and plough maker, for the instruction 



537 

23999 of the Indians in trades, and to assist tUem in the same; to 

24000 erect one saw-mill and one flouring-mill, keeping the same in 

24001 repair, and furnished with the necessary tools and fixtures, and 

24002 to employ two millers; to erect a hospital, keeping- the same in 

24003 repair, and provided with the necessary medicines and furniture, 

24004 and to employ a physician; and to erect, keep in repair, and 

24005 provide with the necessary furniture the buildings required for 
24000 the accommodation of the said employees. The said buildings 

24007 and establishments to be maintained and kept in repair as 

24008 aforesaid, and the employees to be kept in service for the period 

24009 of twenty years. 

24010 And in view of the fact that the head chief of the tribe is 

24011 expected, and will be called upon, to perform many services of 

24012 a imhlic character, occupying much of his time, the United 

24013 States further agrees to pay to the Nez Perce tribe five hundred 

24014 dollars per year, for the term of twenty years after the ratifica- 

24015 tion hereof, as a salary for such person as the tribe may select 

24016 to be its head chief; to build for him, at a suitable point on 

24017 the reservation, a comfortable house, and properly furnish the 

24018 same, and to plough and fence for his use ten acres of land. 

24019 The said salary to be paid to, and the said house to be occupied 

24020 by, such head chief so long as he may be elected to that position 

24021 by his tribe, and no longer. 

24022 And all the expenditures and expenses contemplated in this 

24023 fifth article of this treaty shall be defrayed by the United States, 

24024 and shall not be deducted from the annuities agreed to be paid 

24025 to said tribe, nor shall the cost of transporting the goods for 

24026 the annuity-payments be a charge upon the annuities, but shall 

24027 be defrayed by the United States. 

24028 Article 6. The President may, from time to time, at his 

24029 discretion, cause the whole, or such portions of such reservation 

24030 as he may think proper, to be surveyed into lots, and assign the 

24031 same to such individuals or families of the said tribe as are 

24032 willing to avail themselves of the privilege, and will locate on 

24033 the same as a permanent home, on the same terms and subject 

24034 to the same regulations as are provided in the sixth article of 

24035 the treaty with the Omahas in the year 1854, so far as the same 

24036 may be applicable. 

24037 Article 7. The annuities of the aforesaid tribe shall not 

24038 be taken to pay the debts of individuals. 

24039 Article 8. The aforesaid tribe acknowledge their depend 

24040 ence upon the Government of the United States, and promise 

24041 to be friendly with all citizens thereof, and pledge themselves to 

24042 commit no depredations on the property of such citizens; and 

24043 should any one cr more of them violate this pledge, and the fact 

24044 be satisfactorily proved before the agent, the property taken 

68 it 



538 



24045 shall be returned, or in default thereof, or if injured or destroyed, 

24046 compensation may "be made by the Government out of the an- 
-4047 unities. Nor will they make war on any other tribe, except in 

24048 self-defence, but will submit all matters of difference between 

24049 them and the other Indians to the Government of the United 

24050 States, or its agent, for decision, and abide thereby; and if any 

24051 of the said Indians commit any depredations on any other In- 

24052 dians within the Territory of Washington, the same rule shall 

24053 prevail as that prescribed in this article in cases of depredations 

24054 against citizens. And the said tribe agrees not to shelter or 

24055 conceal offenders against the laws of the United States, but to 

24056 deliver them up to the authorities for trial. 

24057 Article 9. The Xez Perces desire to exclude from their 

24058 reservation the use of ardent spirits, and to prevent their people 

24059 from drinking the same; and therefore it is provided that any 

24060 Indian belonging to said tribe who is guilty of bringing liquor 

24061 into said reservation, or who drinks liquor, may have his or her 

24062 proportion of the annuities withheld from him or her for such 

24063 time as the President may determine. 

24064 Article 10. The Nez Perce Indians having expressed in 

24065 council a desire that William Craig should continue to live with 

24066 them, he having uniformly shown himself their friend, it is fur- 

24067 ther agreed that the tract of land now occupied by him, and 

24068 described in his notice to the register and receiver of the land- 

24069 office of the Territory of Washington, on the fourth day of June 

24070 last, shall not be considered a part of the reservation provided 

24071 for in this treaty, except that it shall be subject, in common 

24072 with the lands of the reservation, to the operations of the inter - 

24073 course act. 

24074 Article 11. This treaty shall be obligatory upon the con- 

24075 tracting parties as soon as the same shall be ratified by the 
21076 President and Senate of the United States. 

24077 Proclaimed April 29, 1859. 

24078 Treaty between the United States of America and the JS r ez Perce 

24079 tribe of Indians, concluded June 9, 1863; ratification ad- 

24080 vised, April 17, 1867. 

24081 Andrew Johnson, President of the United States of America, 

24082 to all and singular to whom these presents shall come, 

24083 greeting: 

24084 Whereas a treaty was made and concluded at the couucil- 

24085 ground, in the valley of the Lapwai, in the Territory of Wash- 

24086 ington, on the ninth day of June, in the year of our Lord one 

24087 thousand eight hundred and sixty-three, by and between Calvin 

24088 H. Hale, Charles Hutchins, and S. D. Howe, commissioners, on 



539 



24089 the part of the United States, and Lawyer, Ute-siu-iuale-e-euiu, 

24090 Ha-harch-tuesta, and other chiefs and headmen of the Nez 

24091 Perce tribe of Indians on the part of said Indians, and duly au- 

24092 thorized thereto by them, which treaty is in the words and hg- 

24093 ures following, to wit : 

24094 Treaty betiveen the United Mates of America and the Nez Perce In- 

24095 dians, concluded at the council- ground, in the valley of the 

24096 La/ptvai, June ninth, 1863. 

24097 Articles of agreement made and concluded at the council 

24098 ground, in the valley of the Lapwai, W. T., on the ninth 

24099 day of June, one thousand eight hundred and sixty-three, 

24100 between the United States of America, by O. H. Hale, su- 

24101 perintendent of Indian affairs, and Charles Hutchins and 

24102 S. D. Howe, IT. S. Indian agents for the Territory of Wash- 

24103 ington, acting on the part and in behalf of the United 

24104 States, and the Nez Perce Indians, by the chiefs, head-men, 

24105 and delegates of said tribe, such articles being supplemen- 

24106 tary and amendatory to the treaty made between the Uui- 

24107 ted States and said tribe on the 11th day of June, 1855. 

24108 Article 1. The said Nez Perce tribe agree to relinquish, 

24109 and do hereby relinquish, to the United States the lands here- 

24110 tofore reserved for the use and occupation of the said tribe, sav- 

24111 ing and excepting so much thereof as is described in Article II, 

24112 for a new reservation. 

24113 Article 2. The United States agree to reserve for a home, 

24114 and for the sole use and occupation of said tribe, the tract of 

24115 land included within the following boundaries, to wit: Com- 

24116 mencing at the northeast corner of Lrke Wa-ha, and running 

24117 thence, northerly, to a point on the north bank of the Clearwater 

24118 Elver, three miles below the mouth of the Lapwai, thence down 

24119 the north bank of the Clearwater to the mouth of the Hatwap 

24120 Creek ; thence due north, to a point seven miles distant ; thence, 

24121 eastwardly, to a point on the north fork of the Clearwater, seven 

24122 miles distant from its mouth ; thence to a point on Oro Fino 

24123 Creek, rive miles above its mouth ; thence to a point on the 

24124 north fork of the south fork of the Clearwater, five miles above 

24125 its mouth • thence to a point on the south fork of the Clear- 

24126 water, one mile above the bridge, on the road leading to Elk 

24127 City, (so as to include all the Indian farms now within the 

24128 forks ;) thence in a straight line, westwardly, to the place of 

24129 beginning. 

24130 All of which tract shall be set apart, and the above- 

24131 described boundaries shall be surveyed and marked out for 

24132 the exclusive use and benefit of said tribe as an Indian reserva- 



540 



24133 tion, nor sliall any white man, excepting those in the employ- 

24134 merit of the Indian Department, be permitted to reside upon 
21135 the said reservation without permission of the tribe and the 
24136 superintendent and agent ; and the said tribe agrees that so soon 

21137 after the United States shall make the necessary r^rovision for 

21138 fulfilling the stipulations of this instrument as they can con- 

21139 veniently arrange their affairs, and not to exceed one year from 

21110 its ratification, they will vacate the country hereby relinquished, 

21111 and remove to and settle upon the lands herein reserved for 

21112 them, (except as may be hereinafter provided.) lu the mean 

21113 time it shall be lawful for them to reside upon any ground now 
21111 occupied or under cultivation by said Indians at this time, and 
21115 not included iu the reservation above named. And it is pro. 
21146 vided that any substantial improvement heretofore made by. 
24117 any Indian, such as fields inclosed and cultivated, or houses 

24148 erected upon the lands hereby relinquished, and which he may 

24149 be compelled to abandon in consequence of this treaty, shall be 

24150 valued under the direction of the President of the United 

24151 States, and payment therefor shall be made in stock or in im- 
21152 proveinents of an equal value for said Indian upon the lot which 
24153 may be assigned to him within the bounds of the reservation, as 
21154 he may choose, and no Indian will be required to abandon the 

24155 improvements aforesaid, now occupied by him, until said pay- 

24156 ment or improvement shall have been made. And it is further 

24157 provided, that if any Indian living on any of the land hereby 

24158 relinquished should prefer to sell his improvements to any white 

24159 man, being a loyal citizen of the United States, prior to the 

24160 same being valued as aforesaid, he shall be allowed so to do, but 

21161 the sale or transfer of said improvements shall be made in the 

21162 presence of, and with the consent and approval of, the agent or 

24163 superintendent, by whom a certificate of sale shall be issued to 

24164 the party purchasing, which shall set forth the amount of the 

24165 consideration in kind. Before the issue of said certificate, the 

24166 agent or superintendent shall be satisfied that a valuable con- 

21167 sideration is paid, and that the party purchasing is of undoubted 

21168 loyalty to the United States Government. Xo settlement or 

24169 claim made upon the improved lands of any Indian will be per- 

24170 mitted, except as herein provided, prior to the time specified for 
21171 their removal. Any sale or transfer thus made shall be in the 

24172 stead of payment for improvements from the United States. 

24173 Article 3. The President shall, immediately after the rati- 

24174 fication of this treaty, cause the boundary -lines to be surveyed, 

24175 and properly marked and established; after which, so much of 
21176 the lands hereby reserved as may be suitable for cultivation 

24177 shall be surveyed into lots of twenty acres each, and every 

24178 male person of the tribe who shall have attained the age of 



541 



24171) twenty-one years, or is the head of a family, shall have the 

24180 privilege of locating upon one lot as a permanent home for such 

24181 person, and the lands so surveyed shall be allotted under such 

24182 rules and regulations as the President shall prescribe, having 

24183 such reference to their settlement as may secure adjoining each 

24184 other the location of the different families pertaining to each 

24185 band, so far as the same maybe practicable. Such rules and 

24186 regulations shall be prescribed by the President, or under his 

24187 direction, as will insure to the family, in case of the death of 

24188 the head thereof, the possession and enjoyment of such perma- 

24189 nent home, and the improvements thereon. When the assign- 

24190 ments as above shall have been completed, certificates shall be 

24191 issued by the Commissioner of Indian Affairs, or under his 

24192 direction, for the tracts assigned in severalty, specifying the 

24193 names of the individuals to whom they have been assigned 

24194 respectively, and that said tracts are set apart for the perpetual 

24195 and exclusive use and benefit of such assignees and their heirs. 

24196 Until otherwise provided by law, such tracts shall be exempt 

24197 from levy, taxation, or sale, and shall be alienable in fee, or 

24198 leased, or otherwise disposed of, only to the United States, or to 

24199 persons then being members of the Xez Perce tribe, and of 

24200 Indian blood, with the permission of the President, and under 

24201 such regulations as the Secretary of the Interior or the Commis- 

24202 si oner of Indian Affairs shall prescribe ; and if any such person 

24203 or family shall at any time neglect or refuse to occupy and till a 

24204 portion of the land so assigned, and on which they have located, 

24205 or shall rove from place to place, the President may cancel the 

24206 assignment, and may also withhold from such person or family 

24207 their proportion of the annuities or other payments due them 

24208 until they shall have returned to such permanent home, and re- 

24209 sumed the pursuits of industry; and in default of their return, 

24210 the tract may be declared abandoned, and thereafter assigned to 

24211 some other person or family of such tribe. The residue of the 

24212 land hereby reserved shall be held in common for pasturage for 

24213 the sole use and benefit of the Indians: Provided, liowever, That 

24214 from time to time, as members of the tribe may come upon the 

24215 reservation, or may become of proper age, after the expiration 

24216 of the time of one year after the ratification of this treaty, as 

24217 aforesaid, and claim the privileges granted under this article, 

24218 lots may be assigned from the lands thus held in common, wher- 

24219 ever the same may be suitable for cultivation. Xo State or ter- 

24220 ritorial legislature shall remove the restriction herein provided 

24221 for without the consent of Congress, and no State or territorial 

24222 law to that end shall be deemed valid until the same has been 

24223 specially submitted to Congress for its approval. 

24224 Article 4. In consideration of the relinquishment herein 



542 



24225 made the United States agree to pay to the said tribe, in addi- 

24226 tion to the annuities provided by the treaty of June 11, 1855, 

24227 (proclaimed April 29, 1859,) and the goods and provisions dis- 

21228 tributed to them at the time of signing this treaty, the sum of 

21229 two hundred and sixty-two thousand and five hundred dollars, 

21230 in manner following, to wit : 

21231 First. One hundred and fifty thousand dollars, to enable the 

21232 Indians to remove and locate upon the reservation, to be expended 

21233 in the ploughing of land, and the fencing of the several lots 
21231 which may be assigned to those individual members of the tribe 

21235 who will accept the same in accordance with the provisions of 

21236 the preceding article, which said sum shall be divided into four 

21237 annual instalments, as follows: For the first year after the rati- 

21238 fication of this treaty, seventy thousand dollars ; for the second 

21239 year, forty thousand dollars; for the third year, twenty-five 

21210 thousand dollars ; for the fourth year, fifteen thousand dollars. 

21211 Second. Fifty thousand dollars to be paid the first year 

21212 after the ratification of this treaty in agricultural implements, to 

21213 include wagons or carts, harness, and cattle, sheep or other stock, 
21211 as may be deemed most beneficial by the superintendent of In- 

21215 dian affairs, or agent, after ascertaining the wishes of the In- 

21216 dians in relation thereto. 

21217 Third. Ten thousand dollars for the erection of a saw and 

21218 flouring mill, to be located at Kamia, the same to be erected 

21219 within one year after the ratification hereof. 

21250 Fourth. Fifty thousand dollars for the boarding and cioth- 

21251 ing of the children who shall attend the schools, in accordance 

21252 with such rules or regulations as the Commissioner of Indian 

21253 Affairs may prescribe, providing the schools and boarding-houses 
21251 with necessary furniture, the purchase of necessary wagons, 

21255 teams, agricultural implements, tools, &c, for their use, and for 

21256 the fencing of such lands as may be needed for gardening and 

21257 farming purposes, for the use and benefit of the schools, to be 

21258 expended as follows : The first year after the ratification of this 

21259 treaty, six thousand dollars ; for the next fourteen years, three 

21260 thousand dollars each year ; and for the succeeding year, being 

21261 the sixteenth and last instalment, two thousand dollars. 

21262 Fifth. A further sum of two thousand five hundred dollars 

21263 shall be paid within one year after the ratification hereof, to 
24264 enable the Indians to build two churches, one of which is to be 

21265 located at some suitable point on the Kamia, and the other on 

21266 the Lapwai. 

21267 AitTiCLE 5. The United States further agree, that in addi. 

21268 tion to a head chief the tribe shall elect two subordinate chiefs, 

21269 who shall assist him in the performance of his public services, 

21270 and each subordinate chief shall have the same amount of land 



r>43 



24271 ploughed aud fenced, Avitli comfortable house and necessary fur- 

24272 niture, and to whom the same salary shall be paid as is already 

24273 provided for the head chief in article 5 of the treaty of June 11, 
21274 1855, the salary to be paid and the houses and land to be occu- 

24275 pied during the same period and under like restrictions as therein 

24276 mentioned. 

24277 And for the purpose of enabling the agent to erect said 

24278 buildings, and to plough and fence the land, as well as to pro- 

24279 cure the necessary furniture, and to complete and furnish the 

24280 house, &c, of the head chief, as heretofore provided, there shall 

24281 be appropriated, to be expended within the first year after the 

24282 ratification hereof, the sum of two thousand five hundred dol- 

24283 lars. 

24284 And inasmuch as several of the provisions of said art. 5th 

24285 of the treaty of June 11, 1855, pertaining to the erection of 

24286 school-houses, hospitals, shops, necessary buildings for em- 
242S7 ploye[e]s and for the agency, as well as providing the same with 

24288 necessary furniture, tools, &c, have not yet been complied with , 

24289 it is hereby stipulated that there shall be appropriated, to be 

24290 expended for the purposes herein specified during the first year 

24291 after the ratification hereof, the following sums, to wit : 

24292 First. Ten thousand dollars for the erection of the two 

24293 schools, including boarding-houses and the necessary out-build - 

24294 ings ; said schools to be conducted on the manual-labor system 

24295 as far as practicable. 

24296 Second. Twelve hundred dollars for the erection of the hos- 

24297 pital, and providing the necessary furniture for the same. 

24298 Third. Two thousand dollars for the erection of a black- 

24299 smith's shop, to be located at Kamia, to aid in the completion 

24300 of the smith's shop at the agency, and to purchase the necessary 

24301 tools, iron, steel, &c. ; and to keep the same in repair and prop- 

24302 erly stocked with necessary tools and materials, there shall be 

24303 appropriated thereafter, for the fifteen years next succeeding, 

24304 the sum of five hundred dollars each year. 

24305 Fourth. Three thousand dollars for erection of houses for 

24306 employe [e j s, repairs of mills, shops, &c, and providing neces- 

24307 sary furniture, tools, and materials. For the same purpose, and 

24308 to procure from year to year the necessary articles — that is to 

24309 say, saw-logs, nails, glass, hardware, &c. — there shall be appro- 

24310 printed thereafter, for the twelve years next succeeding, the sum 

24311 of two thousand dollars each year j and for the next three years 

24312 one thousand dollars each year. 

24313 And it is further agreed that the United States shall em- 

24314 ploy, in addition to those already mentioned in art. 5th of the 

24315 treaty of June 11, 1855, two matrons to take charge of the 

24316 boarding-schools, two assistant teachers, one farmer, one car- 

24317 penter, and two millers. 



544 



24318 All the expenditures and expenses contemplated in this 

24319 treaty, and not otherwise provided for, shall he defrayed by the 
21320 United States. 

24321 Article 6. In consideration of the past services and faith- 

24322 fulness of the Indian chief, Timothy, it is agreed that the United 

24323 States shall appropriate the sum of six hundred dollars, to aid 

24324 him in the erection of a house upon the lot of land which may 

24325 be assigned to him, in accordance with the provisions of the 

24326 third article of this treaty. 

24327 Article 7. The United States further agree that the claims 

24328 of certain members of the Nez Perce tribe against the G-overn- 

24329 nient for services rendered and for horses furnished by them to 

24330 the Oregon mounted volunteers, as appears by certificate issued 

24331 by W. H. Fauntleroy, A. E. Qr. M. and Com. Oregon volunteers, 

24332 on the 6th of March, 1856, at Camp Cornelius, and amounting 

24333 to the sum of four thousand six hundred and sixty-five dollars, 

24334 shall be paid to them in full in gold coin. 

24335 Article 8. Pt is also understood that the aforesaid tribe do 

24336 hereby renew their acknowledgments of dependence upon the 

24337 Government of the United States, their promises of friendship 

24338 and other pledges, as set forth in the eighth article of the treaty 

24339 of June 11, 1855 ; and further, that all the provisions of said 

24340 treaty which are not abrogated or specifically changed by any 

24341 article herein contained, shall remain the same to all intents and 

24342 purposes as formerly— the same obligations resting upon the 

24343 United States, the same privileges continued to the Indians out- 

24344 side of the reservation, and the same rights secured to citizens 

24345 of the U. S. as to right of way upon the streams and over the 

24346 roads which may run through said reservation, as are therein 

24347 set forth. 

24348 But it is further provided that the United States is the only 

24349 competent authority to declare and establish such necessary 

24350 roads and highways, and that no other right is intended to be 

24351 hereby granted to citizens of the United States than the right 

24352 of way upon or over such roads as may thus be legally estab- 

24353 lished : Provided, however, That the roads now usually travelled 

24354 shall, in the mean time, be taken and deemed as within the 

24355 meaning of this article, until otherwise enacted by act of Con- 

24356 gress or by the authority of the Indian Department. 

24357 And the said tribe hereby consent that upon the public 

24358 roads which may run across the reservation there may be estab- 

24359 lished, at such points as shall be necessary for public conven- 

24360 ience, hotels, or stage-stands, of the number and necessity of 

24361 which the agent or superintendent shall be the sole judge, who 

24362 shall be competent to license the same, with the privilege of 

24363 using such amount of land for pasturage and other purposes 



545 



24364 connected with such establishment as the agent or superintend- 

24365 ent shall deem necessary, it being understood that such lands 

24366 for pasturage are to be enclosed, and the boundaries thereof de- 

24367 scribed in the license. 

24368 And it is further understood and agreed that ail ferries and 

24369 bridges within the reservation shall be held and managed for 

24370 the benefit of said tribe. 

24371 Such rules and regulations shall be made by the Commis- 

24372 sioner of Indian Affairs, with the approval of the Secretary of 

24373 the Interior, as shall regulate the travel on the highways, the 

24374 management of the ferries and bridges, the licensing of public 

24375 houses, and the leasing of lands, as herein provided, so that the 

24376 rents, profits, and issues thereof shall inure to the benefit of said 

24377 tribe, and so that the persons thus licensed or necessarily employed 

24378 in any of the above relations, shall be subject to the control of 

24379 the Indian Department and to the provisions of the act of Con- 

24380 gress 11 to regulate trade and intercourse with the Indian tribes, 

24381 and to preserve peace on the frontiers." 

24382 All timber within the bounds of the reservation is exclu- 

24383 sively the property of the tribe, excepting that the IT. S. Gov- 

24384 eminent shall be permitted to use thereof for any purpose con- 

24385 nected with its affairs, either in carrying out any of the pro- 

24386 visions of this treaty, or in the maintaining of its necessary forts 

24387 or garrisons. 

24388 The United States also agree to reserve all springs or fount- 

24389 ains not adjacent to, or directly connected with, the streams or 

24390 rivers within the lands hereby relinquished, and to keep back 

24391 from settlement or entry so much of the surrounding land as 

24392 may be necessary to prevent the said springs or fountains being 

24393 enclosed ; and, further, to preserve a x^erpetual right of way to 

24394 and from the same, as watering places, for the use in common of 

24395 both whites and Indians. 

24396 Article 9. Inasmuch as the Indians in council have ex- 

24397 pressed their desire that Kobert Newell should have confirmed 

24398 to him a piece of land lying between Snake and Clearwater 

24399 Eivers, the same having been given to him on the 9th day of 

24400 June, 1861, and described in an instrument of writing bearing 

24401 that date, and signed by several chiefs of the tribe, it is hereby 

24402 agreed that the said Robert Newell shall receive from the United 

24403 States a patent for the said tract of land. 

24404 Article 10. This treaty; shall be obligatory upon the con- 

24405 tracting parties as soon as the same shall be ratified by the Pres- 

24406 ident and Senate of the United States. 

24407 Proclaimed April 24, 1867. 

69 I T 



546 



24408 Amendatory treaty to the treaty of June 9, 1863, between the United 

24409 States of America and the N~ez Perce tribe of Indians, con- 

24410 eluded August 13, 1868 ; ratification advised February 16, 

24411 . 1869. 

24412 Andrew Johnson, President of the United States of America, 

24413 to all and singular to whom these presents shall come, greet - 

24414 ing: 

24415 Whereas to the treaty of the ninth of June, one thousand 

24416 eight hundred and sixty-three, (proclaimed April 20, 1867,) 

24417 between the United States and the 2s"ez Perce tribe of Indians, 

24418 an amendatory treaty was concluded at the city of Washing- 

24419 ton, in the District of Columbia, on the thirteenth day of 

24420 August, in the year of our Lord one thousand eight hundred 

24421 and sixty-eight, by and between Nathaniel G. Taylor, coniinis- 

24422 sioner on the part of the United States, aud Lawyer, head 

24423 chief, and Timothy and Jason, chiefs, of the Xez Perce tribe 

24424 of Indians, on the part of said tribe of Iudians, and duly author- 

24425 ized thereto by them, which amendatory treaty is in the words 

24426 and figures following, to wit : 

24427 Whereas certain amendments are desired by the Nez Perce 

24428 tribe of Indians to their treaty concluded at the council ground 

24429 in the valley of the Lapwai, in the Territory of Washington, on 

24430 the ninth day of June, in the year of our Lord one thousand 

24431 eight hundred and sixty-three ; and whereas the United States 

24432 are willing to assent to said amendments, it is therefore agreed 

24433 by and between Nathaniel G-. Taylor, commissioner on the part 

24434 of the United States, thereunto duly authorized ; and Lawyer? 

24435 Timothy, and Jason, chiefs of said tribe, also being thereunto 

24436 duly authorized, in manner and form following, that is to say: 

24437 Article 1. That all lands embraced within the-limits of the 

24438 tract set apart for the exclusive nse and benefit of said Indians 

24439 by the 2d article of said treaty of June 9th, 1863, which are sus- 

24440 ceptible of cultivation and 'suitable for Indian farms, which are 

24441 not now occupied by the United States for military purposes, or 

24442 which are not required for agency or other buildings and purposes 

24443 provided for by existing treaty stipulations, shall be surveyed 

24444 as provided in the 3d article of said treaty of June 9th, 1863, and 

24445 as soon as the allotments shall be plowed and fenced, and as soon 

24446 as schools shall be established as provided by existing treaty stip- 

24447 ulations, such Indians now residing outside the reservation as 

24448 may be decided upon by the agent of the tribe and the Indians 

24449 themselves, shall be removed to and located upon allotments 

24450 within the reservation : Provided, however, That in case there 

24451 should not be a sufficient quantity of suitable land within the 

24452 boundaries of the reservation to provide allotments for those now 



547 



24453 there and those residing outside the boundaries of the same, then 

24454 those residing outside, or as many thereof as allotments cannot 

24455 be provided for, may remain upon the lands now occupied and 

24456 improved by them, provided, that the land so occupied does not 

24457 exceed twenty acres for each and every male person who shall 

24458 have attained the age of twenty-one years or is the head of a 

24459 family, and the tenure of those remaining upon lands outside the 

24460 reservation shall be the same as is provided in said 3d article of 

24461 said treaty of June 9th, 1863, for those receiving allotments 

24462 within the reservation; and it is further agreed that those now 

24463 residing outside of the boundaries of the reservation and who 

24464 may continue to so reside shall be protected by the military an- 

24465 thorities in their rights upon the allotments occupied by them, 

24466 and also in the privilege of grazing their animals upon surround- 

24467 ing unoccupied lands. 

24468 Article 2. It is further agreed between the parties hereto 

24469 that the stipulations contained in the 8th article of the treaty of 

24470 June 9th, 1863, relative to timber, are hereby annulled as far as 

24471 the same provides that the United States shall be permitted to 

24472 use thereof in the maintaining of forts or garrisons, and that 

24473 the said Indians shall have the aid of the military authorities to 

24474 protect the timber upon their reservation, and that none of the 

24475 same shall be cut or removed without the consent of the head- 

24476 chief of the tribe, together with the consent of the agent and 

24477 superintendent of Indian affairs, first being given in writing, 

24478 which written consent shall state the part of the reservation upon 

24479 which the timber is to be cut, and also the quantity, and the 

24480 price to be paid therefor. 

24481 Article 3. It is further hereby stipulated and agreed that 

24482 the amount due said tribe for school purposes and for the sup- 

24483 port of teachers that has not been expended for that purpose 

24484 since the year 1864, but has been used for other purposes, shall 

24485 be ascertained and the same shall be re-imbnrsed to said tribe 

24486 by appropriation by Congress, and shall be set apart and invested 

24487 ' in United States bonds and shall be held in trust by the United 
2448S States, the interest on the same to be paid to said tribe anuually 

24489 for the support of teachers. 

24490 Proclaimed February 24, 1869. 



548 



24491 NEW YOBK INDIANS. 

24492 TREATY "WITH THE NEW YORK INDIANS, AS AMENDED BY THE 

24493 SENATE AND ASSENTED TO BY THE SEVERAL TRIBES, 1838. 

24494 Articles of a treaty made and concluded at Buffalo Creek, in the 

24495 State of New York, the fifteenth day of January, in the year of 

24496 our Lord one thousand eight hundred and thirty -eight, by 

24497 Ransom H. Gillet, a commissioner on the part of the United 

24498 States, and the chiefs, head-men, and warriors of the several 

24499 tribes of New York Indians assembled in council, tvitnesseth : 

24500 Whereas the Six Nations of New York Indians, not long 

24501 after the close of the war of the Bevolution, became convinced. 

24502 from the rapid increase of the white settlers around, that the 

24503 time was not far distant when their true interest must lead them 

24504 to seek a new home among their red brethren in the West ; and 

24505 Whereas this subject was agitated in a general council of the 

24506 Six Nations as early as 1810, and resulted in sending a memorial to 

24507 the President of the United States, inquiring whether the Govern - 
21508 ment would consent to their leaving their habitations and their 

24509 removing into the neighborhood of their western brethren, and if 

24510 they could procure a home there, by gift or purchase, whether 

24511 the Government would acknowledge their title to the lands so 

24512 obtained in the same manner it had acknowledged it in those 

24513 from whom they might receive it; and further, whether the ex- 

24514 isting treaties would in such a case remain in full force, and their 

24515 annuities be paid as heretofore; and 

24516 Whereas, with the approbation of the President of the 

24517 United States, purchases were made by the New York Indians 

24518 from the Menomonie and Winnebago Indians of certain lands at 

24519 Green Bay in the Territory of Wisconsin, which after much cliffi- 

24520 culty and contention with those Indians concerning the extent 

24521 of that purchase, the whole subject was finally settled by a treaty 

24522 between the United States and the Menomonie Indians, con- 

24523 eluded in February, 1831, to which the New York Indians gave 

24524 their assent on the seventeenth day of October, 1832 ; and 

24525 Whereas, by the provisions of that treaty, five hundred 

24526 thousand acres of land are secured to the New York Indians of 

24527 the Six Nations and the St. Eegis tribe, as a future home, on 

24528 condition that they all remove to the same within three years, 

24529 or such reasonable time as the President should prescribe; and 

24530 Whereas the President is satisfied that various considera- 

24531 tions have prevented those still residing in New York from re- 

24532 moving to Green Bay, and, among other reasons, that many 



549 



24533 who were in favour of emigration preferred to remove at once to 

24534 the Indian Territory, which they were fully persuaded was the 

24535 only permanent and peaceable home for all the Indians. And 

24536 they therefore applied to the President to take their Green Bay 

24537 lands, and provide them a new home among their brethren in 

24538 the Indian Territory 5 and 

24539 Whereas the President, being anxious to promote the peace, 
2i540 prosperity, and happiness of his red children, and being deter- 

24541 mined to carry out the humane policy of the Government in 

24542 removing the Indians from the east to the west of the Missis- 

24543 sippi, within the Indian Territory, by bringing them to see and 

24544 feel, by his justice and liberality, that it is their true policy and 

24545 for their interest to do so without delay : 

24546 Therefore, taking into consideration the foregoing premises, 

24547 the following articles of a treaty are entered into between the 

24548 United States of America and the several tribes of the New 

21549 York Indians, the names of whose chiefs, head-men, and war 

21550 riors are hereto subscribed, aid those who may hereafter give 

24551 their assent to this treaty in writing within such time as the 

24552 President shall appoint. 

24553 GENERAL PROVISIONS. 

24554 Article 1. The several tribes of New York Indians, the 

24555 names of whose chiefs, head-men, warriors, and representatives 

24556 are hereunto annexed, in consideration of the premises above 

24557 recited, and the covenants hereinafter contained, to be performed 

24558 on the part of the United States, hereby cede and relinquish to 

24559 the United States all their right, title, and interest to the lands 

24560 secured to them at Green Bay by the Menomouie treaty of 1831, 

24561 excepting the following tract, on which a part of the New York 

24562 Indians now reside : beginning at the southwesterly corner of 

24563 the French grants at Green Bay, and running thence southwardly 

24564 to a point on a line to be run from the Little Cocalin, parallel to 

24565 a line of the French grants and six miles from Fox Biver ; from 

24566 thence, on said parallel line, northwardly six miles ; from thence 

24567 eastwardly to a point on the northeast line of the Indian lands, 
2456S and being at right angles to the same. 

24569 Article 2. In consideration of the above cession and re- 

24570 linquishment on the part of the tribes of the New York Indians, 

24571 and in order to manifest the deep interest of the United States 

24572 in the future peace and prosperity of the New York Indians, the 

24573 United States agree to set apart the following tract of country, 

24574 situated directly west of the State of Missouri, as a permanent 

24575 home for all the New York Indians now residing in the State of 

24576 New York, or in Wisconsin, or elsewhere in the United States. 



550 



24577 who have no permanent homes, which said country is described 

24578 as follows, to wit : Beginning on the west line of the State of 

24579 Missouri, at the northeast corner of the Cherokee tract, and 

24580 running thence north along the west line of the State 'of Mis- 

24581 souri twenty-seven miles to the southerly line of the Miami 

24582 lands ; thence west so far as shall be necessary, by running a 

24583 line at right angles, and parallel to the west line aforesaid, to 

24584 the Osage lands, and thence easterly along the Osage and 

24585 Cherokee lands to the place of beginning, to include one million 

24586 eight hundred and twenty-four thousand acres of land,, being 

24587 'three hundred and twenty acres for each soul of said Indians as 

24588 their numbers are at present computed. To have and to hold 

24589 the same in fee-simple to the said tribes or nations of Indians, 

24590 by patent from the President of the United States, issued in 

24591 conformity with the provisions of the third section of the act 

24592 entitled "An act to provide for an exchange of lands with the 

24593 Indians residing in any of the States or Territories, and for their 

24594 removal west of the Mississippi," approved on the 28th day of 

24595 May, 1830, with full power and authority in the said Indians to 

24596 divide said lands among the different tribes, nations, or bands 

24597 in severalty, with the right to sell and convey to and from each 

24598 other, under such laws and regulations as may be adopted by 

24599 the respective tribes, acting by themselves, or by a general 

24600 council of the said New York Indians, acting for all the tribes 

24601 collectively. It is understood and agreed that the above-described 

24602 country is intended as a future home for the following tribes, 

24603 to wit : The Senecas, Onondagas, Cayugas, Tuscaroras, Oneida?, 

24604 St. Regis, Stockbridges, Munsees, and Brothertowns residing in 

24605 the State of New York, and the same is to be divided equally 

24606 among them according to their respective numbers, as mentioned 

24607 in a schedule hereunto annexed. 

24608 Article 3. It is further agreed that such of the tribes of 

24609 the New York Indians as do not accept and agree to remove to 

24610 the country set apart for their new homes within five years, or 

24611 such other time as the President may, from time to time, appoint, 

24612 shall forfeit all interest in the lands so set apart to the United 

24613 States. 

24614 Article 4. Perpetual peace and friendship shall exist be- 

24615 tween the United States and the New York Indians ; and the 

24616 United States hereby guaranty to protect and defend them in 

24617 the peaceable possession and enjoyment of their new homes, 

24618 and hereby secure to them, in said country, the right to estab- 

24619 lish their own form of government, appoint their own officers, 

24620 and administer their own laws ; subject, however, to the legisla- 

24621 tion of the Congress of the United States, regulating trade and 

24622 intercourse with the Indians. The lands secured to them by 



551 



24623 patent under this treaty shall never be included in any State or 

24624 Territory of this Union. The said Indians shall also be enti- 

24625 tied, in all respects, to the same political and civil rights and 

24626 privileges that are granted and secured by the United States 

24627 to any of the several tribes of emigrant Indians settled in the 

24628 Indian Territory. 

24629 Article 5. The Oneidas are to have their lands in the In- 

24630 dian Territory, in the tract set apart for the New York Indians. 

24631 adjoining the Osage tract, and that hereinafter set apart for the 

24632 Senecas; and the same shall be so laid off as to secure them a 

24633 sufficient quantity of timber for their use. Those tribes whose 

24634 lands are not specially designated in this treaty are to have 

24635 such as shall be set apart by the President. 

24636 Article 6. It is further agreed that the United States will 

24637 pay to those who remove West, at their new homes, all such an- 

24638 nuities as shall properly belong to them. The schedules here- 

24639 unto annexed shall be deemed and taken as a part of this 

24640 treaty. 

24641 Article 7. It is expressly understood and agreed that 

24642 this treaty must be approved by the President and ratified and 

24643 confirmed by the Senate of the United States, before it shall 

24644 be binding upon the parties to it. It is further expressly un- 

24645 derstood and agreed that the rejection, by the President and 

24646 Senate, of the provisions thereof, applicable to one tribe, or dis- 

24647 tinct branch of a tribe, shall not be construed to invalidate as 

24648 to others, but as to them it shall be binding, and remain in full 

24649 force and effect. 

24650 Article 8. It is stipulated and agreed that the accounts 

24651 of the commissioner, and expenses incurred by him in holding 

24652 a council with the New York Indians, and concluding treaties at 

24653 Green Bay and Duck Creek, in Wisconsin, and in the State of 

24654 New York, in 1836, and those for the exploring party of the 

24655 New York Indians, iu 1837, and also the expenses of the present 

24656 treaty, shall be allowed and settled according to former prece- 

24657 dents. 

21658 SPECIAL PROVISIONS FOR THE ST. REGIS. 

24659 Article 9. It is agreed with the American party of the 

24660 St. Regis Indians, that the United States will pay to the said 

24661 tribe, on their removal West, or at such time as the President 

24662 shall appoint, the sum of five thousand dollars, as a remunera- 

24663 tion for monies laid out by the said tribe, and for services ren 

24664 dered by their chiefs and agents in securing the title to the 
'24:665 Green Bay lands, and in removal to the same, the same to be 
24:666 apportioned out to the several claimants by the chiefs of the said 



24667 party, and a United States commissioner, as may be deemed by 

24668 them equitable and just. It is further agreed that the following 

24669 reservation of land shall be made to the Eev. Eleazer Williams, 

24670 of said tribe, which he claims in his own right, and in that of his 

24671 wife, which he is to hold in fee-simple by patent from the Presi- 

24672 dent, with full power and authority to sell and dispose of the 

24673 same, to wit : beginning at a point in the west bank of Fox 

24674 River, thirteen chains above the old mill-dam at the rapids of the 

24675 Little Kockalin ; thence north fifty-two degrees and thirty min- 

24676 utes west, two hundred and forty chains ; thence north thirty - 

24677 seven degrees and thirty minutes east, two hundred chains j 

24678 thence south fifty-two degrees and thirty minutes east, two hun- 

24679 dred and forty chains to the bank of Fox River ; thence up 

24680 along the bank of Fox River to the place of beginning. 

24681 SPECIAL PEOVISIO^S FOE THE SEXECAS. 

24682 Aeticle 10. It is agreed with the Senecas that they shall 

24683 have for themselves and their friends, the Cayugas and Onon- 

24684 dagas, residing among them, the easterly part of the tract set 

24685 apart for the Xew York Indians, and to extend so far wpst as 

24686 to include one half section (three hundred and twenty acres) of 

24687 land for each soul of the Senecas, Cayugas, and Onondagas, re- 

24688 siding among them ; and if, on removing West, they find there 

24689 is not sufficient timber on this tract for their use, then the Presi- 

24690 dent shall add thereto timber land sufficient for their accommo- 

24691 elation, and they agree to remove : to remove from the State of 

24692 Xew York to their new homes within five years, aud to continue 

24693 to reside there. And whereas, at the making of this treaty, 

24694 Thomas L. Ogden and Joseph Fellows, the assignees of the 

24695 State of Massachusetts, have purchased of the Seneca Xation of 

24696 Indians, in the presence and with the approbation of the United 

24697 States commissioner, appoiuted by the United States to hold 

24698 said treaty or convention, all the right, title, interest, and claim 

24699 of the said Seneca Xation to certain lands, by a deed of convey- 

24700 ance, a duplicate of which is hereunto annexed ; and whereas 

24701 the consideration money mentioned in said deed, amounting 

24702 to two hundred and two thousand dollars, belongs to the 

24703 Seneca Nation, and the said nation agrees that the said 

24704 sum of money shall be paid to the United States, and the 

24705 United States agree to receive the same, to be disposed of as 

24706 follows : the sum of one hundred thousand dollars is to be invested 

24707 by the President of the United States in safe stocks, for their 

24708 use, the income of which is to be paid to them at their new 

24709 homes, annually, and the ballance, being the sum of one hundred 

24710 and two thousand dollars, is to be paid to the owners of the 



553 

24711 improvements on the lands so deeded, according to an appraise- 

24712 ment of said improvements and a distribution and award of said 

24713 sum of money among the owners of said improvements, to be 

24714 made by appraisers, hereafter to be appointed by the Seneca 

24715 Nation, in the presence of a United States commissioner, here- 

24716 after to be appointed, to be paid by the United States to the 

24717 individuals who are entitled to the same, according to said 

24718 apprisal and award, on their severally relinquishing their re- 

24719 spective possessions to the said Ogden and Fellows. 

24720 SPECIAL PROVISIONS FOR THE OAYUGAS. 

24721 Article 11. The United States will set apart for the Cayu 

24722 gas, on their removing to their new homes at the West, two 

24723 thousand dollars, and will invest the same in some safe stocks, 

24724 the income of which shall be paid them annually, at their new 

24725 homes. The United States further agree to pay to the said 

24726 nation, on their removal West, two thousand five hundred dollars, 

24727 to be disposed as the chiefs shall deem just and equitable. 

24728 SPECIAL PROVISIONS FOR THE ONONDAGAS RESIDING ON THE 

24729 SENECA RESERVATIONS. 

24730 Article 12. The United States agree to set apart for the 

24731 Onondagas, residing on the Seneca reservations, two thousand 

24732 five hundred dollars, on their removing West, and to invest the 

24733 same in safe stocks, the income of which shall be paid to them 

24734 annually, at their new homes. And the United States further 

24735 agree to pay to the said Onondagas, on their removal to their 

24736 new homes in the West, two thousand dollars, to be disposed of 

24737 as the chiefs shall deem equitable and just. 

24738 SPECIAL PROVISIONS FOR THE ONEIDAS RESIDING IN THE 

24739 STATE OF NEW YORK. 

24740 Article 13. The United States will pay the sum of four 

24741 thousand dollars, to be paid to Baptista Powlis, and the chiefs 

24742 of the first Christian party residing at Oneida, and the sum of 

24743 two thousand dollars shall be paid to William Day, and the 

24744 chiefs of the Orchard party residing there, for expenses incurred 

24745 and services rendered in securing the Green Bay country, and 

24746 the settlement of a portion thereof j and they hereby agree to 

24747 remove to their new homes in the Indian Territory as soon as 

24748 they can make satisfactory arrangements with the governor of 

24749 the State of New York for the purchase of their lands at Oneida. 

24750 SPECIAL PROVISIONS FOR THE TUSCARORAS. 



24:51 
24752 



Article 14. The Tuscarora Nation agree to accept the 
country set apart for them in the Indian Territory, and to re- 
70 i T 



554 



24753 move there within five years, and continue to reside there. It 

24754 is further agreed that the Tuscaroras shall have their lands in 

24755 the Indian country, at the forks of the Neasha Eiver, which 

24756 shall be so laid off as to secure a sufficient quantity of timber 

24757 for the accommodation of the nation. But if, on examination, 

24758 they are not satisfied with this location, they are to have their 

24759 lands at such place as the President of the United States shall 
247G0 designate. The United States will pay to the Tuscarora Nation, 

24761 on their settling at the West, three thousand dollars, to be 

24762 disposed of as the chiefs shall deem most equitable and just. 

24763 Whereas the said nation owns, in fee-simple, five thousand 

24764 acres of land, lying in Niagara County, in the State of New 

24765 York, which was conveyed to the said nation by Henry Dear- 

24766 born, and they wish to sell and convey the same before they re- 

24767 move West: Now, therefore, in order to have the same done in 

24768 a legal and proper way, they hereby convey the same to the 

24769 United States, and to be held in trust for thein, and they author- 

24770 ize the President to sell and convey the same, and the money 

24771 which shall be received for the said lands, exclusive of the ira- 

24772 provements, the President shall invest in safe stocks for their 

24773 benefit, the income from which shall be paid to the nation at their 

24774 new homes annually; and the money which shall be received 

24775 for improvements on said lands shall be paid to the owners of 

24776 the improvements when the lands are sold. The President shall 

24777 cause the said lands to be surveyed, and the improvements shall 

24778 be appraised by such persons as the nation shall appoint; and 

24779 said lands shall also be appraised, and shall not be sold at a 

24780 less price than the apprisal, without the consent of James Cusick, 

24781 William Mountpleasant, and William Chew, or the survivor or 

24782 survivors of them ; and the expenses incurred by the United 

24783 States in relation to this trust are to be deducted from the moneys 

24784 received before investment. And whereas, at the making of this 

24785 treaty, Thomas L. Ogden and Joseph Fellows, the assignees of 

24786 the State of Massachusetts, have purchased of the Tuscarora 

24787 Nation of Indians, in the presence and with the approbation 

24788 of the commissioner appointed on the part of the United States 

24789 to hold said treaty or convention, all the right, title, interest, 

24790 and claim of the Tuscarora Nation to certain lands, by a deed of 

24791 conveyance, a duplicate of which is hereunto annexed; and 

24792 whereas the consideration money for said lands has been 

24793 secured to the said nation to their satisfaction by Thomas L. 

24794 Ogden and Joseph Fellows : Therefore, the United States hereby 

24795 assent to the said sale and conveyance and sanction the same. 

24796 Article 15. The United States hereby agree that they will 

24797 appropriate the sum of four hundred thousand dollars, to be 

24798 applied from time to time, under the direction of the President 



555 



24799 of the United States, in such, proportions as may be most for 

24800 the interest of the said Indians, parties to this treaty, for the 

24801 following purposes, to wit: To aid them in removing to their 

24802 homes, and supporting themselves the first year after their re- 

24803 moval; to encourage and assist them in education, and in being 

24804 taught to cultivate their lands; in erecting mills and other neces- 

24805 sary houses; in purchasing domestic animals and farming uten- 
2480G sils, and acquiring a knowledge of the mechanic arts. 

24807 Schedule A. 

24808 Census of the New Yorlc Indians as taken in 1837. — Number resid 

24809 ing on the Seneca reservations. 

24810 Senecas 2,309 

24811 Onondagas 194 

24812 Cayugas 130 

24813 

24814 2, 633 

24815 

24816 Onondagas, at Onondaga , 300 

24817 Tuscaroras 273 

24818 St. Regis, in New York , 350 

24819 Oneidas, at Green Bay 600 

24820 Oneidas, in Xew York 620 

24821 Stockbridges 217 

24822 Munsees 132 

24823 Brothertowns 360 

24824 The above was made before the execution of the treaty. 

24825 E. H. GILLET, Commissioner. 

24826 Schedule B. 

24827 The following is the disposition agreed to be made of the 

24828 sum of three thousand dollars provided in this treaty for the 

24829 Tuscaroras, by the chiefs, and assented to by the commissioner, 

24830 and is to form a part of the treaty : 

24831 To Jonathan Printess, ninety-three dollars. 

24832 To William Chew, one hundred and fifteen dollars. 

24833 To John Patterson, forty-six dollars. 

24834 To William Mountpleasant, one hundred and seventy one 

24835 dollars. 

24836 To James Cusick, one hundred and twenty-rive dollars. 

24837 To David Peter, fifty dollars. 

24838 The rest and residue thereof is to be paid to the nation. 

24839 The above was agreed to before the execution of the treaty. 

24840 R. H. GILLET, Commissioner* 



556 



24841 Schedule 0. 

24842 Schedule applicable to the Onondagas and Cayugas resid- 

24843 ing on the Seneca reservations. It is agreed that the following 

24844 disposition shall be made of the amount set apart to be divided 

24845 by the chiefs of those nations, in the preceding parts of this 

24846 treaty, anything therein to the contrary notwithstanding: 

24847 To William King, one thousand five hundred dollars. 

24848 Joseph Isaacs, seven hundred dollars. 

24849 Jack Wheelbarrow, three hundred dollars. 

24850 Silversmith, one thousand dollars. 

24851 William Jacket, five hundred dollars. 

24852 Buton George, five hundred dollars. 

24853 The above was agreed to before the treaty was finally exe- 

24854 cuted. 

24855 E. H. GILLET, 

2485G Commissioner. 

24857 At a treaty held under the authority of the United States 

24858 of America, at Burial o Creek, in the county of Erie, and State of 

24859 New York, between the chiefs and head-men of the Seneca 

24860 Nation of Indians, duly assembled in council, and representing 

24861 and acting for the said nation, on the one part, and Thomas 

24862 Ludlow Ogdeu, of the city of New York, and Joseph Fellows, of 

24863 Geneva, in the county of Ontario, on the other part, concerning 

24864 the purchase of the right and claim of the said Indians in and 

24865 to the lands within the State of New York remaining in their 

24866 occupation : Ransom H. Gillet, esquire, a commissioner ap- 

24867 pointed by the President of the United States to attend and 

24868 hold the said treaty, and also Josiah Trowbridge, esquire, the 

24869 superintendent on behalf of the Commonwealth of Massachu- 

24870 setts, being severally present at the said treaty, the said chiefs 

24871 and head-men, on behalf of the Seneca Nation, did agree to sell 

24872 and release to the said Thomas Ludlow Ogden and Joseph Fel- 

24873 lows, and they, the said Thomas Ludlow Ogden and Joseph Fel- 

24874 lows, did agree to purchase all the right, title, and claim of the 

24875 said Seneca Nation of, in, and to the several tracts, pieces, or 

24876 parcels of land mentioned and described in the instrument of 

24877 writing next hereinafter set forth, and at the price or sum therein 
21878 specified, as the consideration or purchase money for such sale 

24879 and release; which instrument being read and explained to the 

24880 said parties and mutually agreed to, was signed and sealed by 

24881 the said contracting parties, and is in the words following : 

24882 This indenture, made this fifteenth day of January, in the 

24883 year of our Lord one thousand eight hundred and thirty-eight, 

24884 between the chiefs and head-men of the Seneca Nation of Indi- 



557 



24885 ans, duly assembled in council, and acting for and on behalf of 

24886 the said Seneca Nation, of the first part, and Thomas Ludlow 

24887 Ogden, of the city of New York, and Joseph Fellows, of < S-e- 

24888 neva, in the county of Ontario, of the second part, witnesseth : 

24889 That the said chiefs and head-men of the Seneca Nation of IdcH- 

24890 ans, in consideration of the sum of two hundred and two thou- 

24891 sand dollars to them in hand paid by the said Thomas Ludlow 

24892 Ogden and Joseph Fellows, the receipt whereof is hereby 

24893 acknowledged, have granted, bargained, sold, released, and cou- 

24894 firmed, and by these presents do grant, bargain, sell, release, 

24895 and confirm unto the said Thomas Ludlow Ogden and Joseph 

24896 Fellows, and to their heirs and assigns, all that certain tract or 

24897 parcel of land situate, lying, and being in the county of Erie 

24898 and State of New York, commonly called and known by the 

24899 name of Buffalo Creek reservation, containing by estimation 

24900 forty-nine thousand nine hundred and twenty acres, be the con- 

24901 tents thereof more or less. Also, all that certain other tract or 

24902 parcel of land, situate, lying, and being in the counties of Erie, 

24903 Ohatauque, and Cattaraugus, in said State, commonly called and 

24904 known by the name of Cattaraugus reservation, containing by 

24905 estimation twenty-one thousand six hundred and eighty acres, 

24906 be the contents thereof more or less. Also, all that certain other 

24907 tract or parcel of land, situate, lying, and being in the said 

24908 county of Cattaraugus, in said State, commonly called and known 

24909 by the name of the Allegany reservation, containing by estima- 

24910 tion thirty thousand four hundred and sixty-nine acres, be the 

24911 contents more or less. And also all that certain other tract or 

24912 parcel of land, situate, Iviug, and being partly in said county of 

24913 Erie and partly in the county of Genesee, in said State, com- 

24914 monly called and known by the name of the Tonawaudo reser- 

24915 vation, and containing by estimation twelve thousand eight 

24916 hundred acres, be the same more or less; as the said several 

24917 tracts of land have been heretofore reserved and are held and 

24918 occupied by the said Seneca Nation of Indians, or by individu- 

24919 als thereof, together with all and singular the rights, privileges, 

24920 hereditaments and appurtenances to each and every of the said 

24921 tracts or parcels of land belonging or appertaining; and all the 

24922 estate, right, title, interest, claim, and demand of the said party 

24923 of the first part, and of the said Seneca Nation of Indians, of, 

24924 in, and to the same, and to each and every part and parcel 

24925 thereof : to have and to hold all and singular the above described 

24926 and released premises unto the said Thomas Ludlow Ogden and 

24927 Joseph Fellows, their heirs and assigns, to their proper use and 

24928 behoof forever, as joint tenants, and not as tenants in common. 

24929 At the before-mentioned treaty, held in my presence, as 

24930 superintendent on the part of the Commonwealth of Massaehu- 



55S 



24931 setts, and this day concluded, the foregoing insrrnmenr of writ- 

24932 ing was agreed to by the contracting parries therein named, and 
24033 was in my presence executed by them, and being approved by 

24934 me. I do hereby certify and declare sucli my approbation 

24935 thereof. 

24936 Witness my hand and seal, at Buffalo Greek, this 15th day 

24937 of January in the year 1838. 

24938 JOSIAH I E O ATE B ID GE . 

24939 I have attended a treaty of the Seneca Nation of Indians, 

24940 held at Buffalo Creek, in the county of Erie, in the State of 

24941 New York, on the fifteenth day of January, in the year of our 

24942 Lord one thousand eight hundred and thirty-eight, when the 

24943 within instrument was duly executed, in my presence, by the 

24944 chiefs of the Seneca Xation, being fairly and properly under- 

24945 stood by them. I do therefore certify and approve the same. 

24946 R. H. GILLET, Commissioner. 

24947 At a treaty held under and by the authority of the United 

24948 States of America, at Buffalo Creek, in the county of Erie, and 

24949 State of lew York, between the sachems, chiefs, and warriors 

24950 of the Tnscarora Nation of Indians, duly assembled in council, 

24951 and representing and acting for the said nation, on the one part, 

24952 and Thomas Ludlow Ogdeu. of the eiry of 2s"ew York, and Jo- 

24953 seph Fellows, of Geneva, in the county of Ontario, on the other 

24954 part, concerning the purchase of the right and claim of the said 

24955 nation of Indians in and to the lauds within the State of Hew 

24956 York remaining in their occupation: Bansoin H. Gillett, es- 

24957 quire, a commissioner appointed by the President of the United 

24958 States to attend and hold the said treaty, and also Josiah Trow- 

24959 bridge, esquire, the superintendent on behalf of the Common . 

24960 wealth of Massachusetts, being severally present at the said 

24961 treaty, the said sachems, chiefs, and warriors, on behalf of the 

24962 said Tuscarora Nation, did agree to sell and release to the said 

24963 Thomas Ludlow Ogden and Joseph Fellows, and they, the said 
249G4 Thomas Ludlow Ogden and .Joseph Fellows, did agree to pur- 

24965 chase all the right, title, and claim of the said Tuscarora Nation 

24966 of, in, and to the tract, piece, or parcel of land mentioned and 

24967 described in the instrument of writing next hereinafter set 
2496S forth, and at the price or sum therein specified as the consider- 

24969 ation or purchase money for such sale and release ; which in- 

24970 strument being read and explained to the said parties, and ma- 

24971 tually agreed to, was signed and sealed by the said contracting 

24972 parties, and is in the words following : 

24973 This indenture, made this fifteenth day of January, in the 

24974 year of our Lord one thousand eight hundred and thirty-eight, 

24975 between the sachems, chiefs, and warriors of rue Tuscarora 2sa- 



559 



24976 tion of Indians, duly assembled in council, and acting for and 

24977 on behalf of the said Tuscarora Xation, of the first part, and 

24978 Thomas Ludlow Ogden, of the city of Xew York, and Joseph 

24979 Fellows, of Geneva, in the county of Ontario, of the second 

24980 part, witnesseth: That the said sachems, chiefs, and warriors of 

24981 the Tuscarora Xation, in consideration of the sum of nine thou- 

24982 sand six hundred dollars to them in hand paid by the said 

24983 Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof 

24984 is hereby acknowledged, have granted, bargained, sold, released, 

24985 and confirmed, and by these presents do grant, bargain, sell, 
2498G release, and confirm to the said Thomas Ludlow Ogden and Jo- 

24987 seph Fellows, and to their heirs and assigns, all that tract or 

24988 parcel of land situate, lying, and being in the county of Xiag- 

24989 ara, and State of Xew York, commonly called and known by 

24990 the name of the Tuscarora reservation or Seneca grant, con- 

24991 taming nineteen hundred and twenty acres, be the same more 

24992 or less, being the lands in their occupancy, and not included in 

24993 the land conveyed to them by Henry Dearborn, together with all 

24994 and singular the rights, the rights, privileges, hereditaments, and 

24995 appurtenances to the said tract or parcel of land belonging or 

24996 appertaining, and all the estate, right, title, interest, claim, and 

24997 demand of the said party of the first part, and of the said Tus- 

24998 carora Xation of Indians of, in, and to the same, and to every 

24999 part and parcel thereof : to have and to hold all and singular 

25000 the above described and released premises unto the said Thomas 

25001 Ludlow Ogden and Joseph Fellows, and their heirs and assigns, 

25002 to their proper use and behoof forever, as joint tenants and not 

25003 as tenants in common. 

25004 At the above-mentioned treaty, held in my presence as su- 

25005 perintendent on the part of the Commonwealth of Massachu- 

25006 setts, and this day concluded, the foregoing instrument was 

25007 agreed to by the contracting parties therein named, and was in 
2500S my presence executed by them; and being approved by me, I 

25009 do hereby certify and declare such my approbation thereof. 

25010 Witness my hand and seal at Buffalo Creek, this 15th day 

25011 of January, in the year 1838. 

25012 J. TEO^^YBBIDGE, Superintendent. 

25013 I have attended a treaty of the Tuscarora Xation of In- 

25014 dians held at Buffalo Creek, in the county of Erie, in the State 

25015 of Xew YTork, on the fifteenth day of January, in the year of our 

25016 Lord one thousand eight hundred and thirty-eight, when the 

25017 within instrument was duly executed in my presence by the 

25018 sachems, chiefs, and warriors of the said nation, being fairly 

25019 and properly uuderstood and transacted by all the parties of 

25020 Indians concerned, and declared to be done to their full satis- 

25021 faction. I do therefore certify and approve the same. 

25022 B. H. GILLET, Commissioner. 



560 



25023 Supplemental article to the treaty concluded at Buffalo Creek, in 

25024 the State of New York, on the 15th of January, 1838, con- 

25025 eluded between Ransom H. Gillet, commissioner on the part of 

25026 the United States, and chiefs and head-men of the St. Regis 

25027 Indians, concluded on the 13th day of February, 1838. 

25028 The undersigned chiefs and head-men of the St. Eegis In- 

25029 dians residing in the State of New York having heard a copy of 

25030 said treaty read by Ransom H. Gillet, the commissioner who 

25031 concluded that treaty on the part of the United States, and he 

25032 having fully and publicly explained the same, and believing the 

25033 provisions of the said treaty to be very liberal on the part of 
25031 the United States and calculated to be highly beneficial to the 

25035 New York Indians, including the St. Regis, who are embraced 

25036 in its provisions, do hereby assent to every part of the said 

25037 treaty and approve the same. And it is farther agreed that 

25038 any of the St. Regis Indians who wish to do so shall be at lib- 

25039 erty to remove to the said country at any time hereafter within 

25010 the time specified in this treaty, but under it the Government 

25011 shall not compel them to remove. The United States will, 

25012 within one year after the ratification of this treaty, pay over to 

25013 the American party of said Indians one thousand dollars, part 
25011 of the sum of five thousand dollars mentioned in the special 

25015 provisions for the St. Regis Indians, anything in the article 

25016 contained to the contrary notwithstanding. 
25047 Proclaimed April 1, 1810. 



25018 NISQUALLY, PUYALLUP, ETC. 

25019 Franklin Pierce, President of the United States of America, 

25050 to all and singular to whom these presents shall come, 

25051 greeting: 

25052 Whereas a treaty was made and concluded on the She-nah- 

25053 nam, or Medicine Creek, in the Territory of Washington, on the 
25051 twenty-sixth day of December, one thousand eight hundred and 

25055 fifty-four, between the United States of America and the Nis- 

25056 qually and other bands of Indians, which treaty is in the words 

25057 following, to wit : 

25058 Articles of agreement and convention made and concluded on 

25059 the She-nah-nam, or Medicine Creek, in the Territory of 

25060 Washington, this twenty-sixth day of December, in the year 

25061 one thousand eight hundred and fifty-four, by Isaac I. Ste- 

25062 vens, governor and superintendent of Indian affairs of the 

25063 said Territory, on the part' of the United States, and the 

25064 undersigned chiefs, head-men, and delegates of the Nisqually, 



561 



250G5 Puyallup, Steilacooui, Squawskin, S'JIoinamish, Steli-chass, 
250G6 T'Peeksin, Squi-aitl, and Sa-heh-wamish tribes and bands 
25007 of Indians, occupying the lands lying round the head of 

25068 Puget's Sound and the adjacent inlets, who, for the purpose 

25069 of this treaty, are to be regarded as one nation, on behalf 

25070 of said tribes and bands, and duly authorized by them. 

25071 Article 1. The said tribes and bands of Indians hereby 

25072 cede, relinquish, and convey to the United States all their right, 

25073 title, and interest in and to the lands and country occupied by 

25074 them, bounded and described as follows, to wit : Commencing 

25075 at the point on the eastern side of Admiralty Inlet, known as 

25076 Point Pully, about midway between Commencement and Elliott 

25077 Bays; thence running in a southeasterly direction, following 

25078 the divide between the waters of the Puyallup and Dwamish, 

25079 or White Rivers, to the summit of the Cascade Mountains ; 

25080 thence southerly, along the summit of said range, to a point 

25081 opposite the main source of the Skookum Chuck Creek ; thence 

25082 to and down said creek, to the coal mine ; thence northwesterly, 

25083 to the summit of the Black Hills ; thence northerly, to the upper 
25081 forks of the Satsop River ; thence northeasterly, through the 

25085 portage known as Wilkes's Portage, to Point South worth, on 

25086 the western side of Admiralty Inlet ; thence around the foot of 

25087 Vashon's Island, easterly and southeasterly, to the place of be- 

25088 ginning. 

25089 Article 2. There is, however, reserved for the present use 

25090 and occupation of the said tribes and bands, the following tracts 
2509L of land, viz : The small island called Klah-che-miu, situated oppo 

25092 site the mouths of Harnmersley's and Totten's Inlets, and sep- 

25093 arated from Hartstene Island by Peale's Passage, containing 

25091 about two sections of land by estimation ; a square tract con- 

25095 taining two sections, or twelve hundred and eighty acres, on 

25096 Puget's Sound near the mouth of the She-nah-nam Creek, one 

25097 mile west of the meridian Hue of the United States land survey, 

25098 and a square tract containing two sections, or twelve hundred 

25099 and eighty acres, lying on the south side of Commencement 

25100 Bay $ all which tracts shall be set apart, and, so far as neces- 

25101 sary, surveyed and marked out for their exclusive use ; nor shall 

25102 any white man be permitted to reside upon the same without 

25103 permission of the tribe and the superintendent or agent. And 

25104 the said tribes and bands agree to remove to and settle upon tie 

25105 same within one year after the ratification of this treat}', or 

25106 sooner if the means are furnished them. In the mean time it 

25107 shall be lawful for them to reside upon any ground not in the 

25108 actual claim and occupation of citizens of the United States, and 

25109 upon any ground claimed or occupied, if with the permission of 

25110 the owner or claimant. If necessary for the public convenience. 

71 1 x 



562 



25111 roads may be run through their reserves, and, on the other hand, 

25112 the right of way with free access from the same to the nearest 

25113 public highway is secured to them. 

25111 Article 3. The right of taking fish, at all usual and ac- 

25115 customed grounds and stations, is further secured to said Indians 

25116 in common with all citizens of the Territory, and of erecting 

25117 temporary houses for the purpose of curing, together with the 

25118 privilege of hunting, gathering roots and berries, and pasturing 

25119 their horses on open and unclaimed lands : Provided, however, 

25120 That they shall not take shell-fish from any beds staked or cul- 

25121 tivated by citizens, and that they shall alter all stallions not in- 

25122 tended for breeding-horses, and shall keep up and confine the 

25123 latter. 

25121 Article 1. In consideration of the above cession, the United 

25125 States agree to pay to the said tribes and bands the sum of 

25126 thirty-two thousand five hundred dollars, in the following man- 

25127 ner, that is to say : For the first year after the ratification here- 

25128 of, three thousand two hundred and fifty dollars 5 for the next 

25129 two years, three thousand dollars each year ; for the next 

25130 three years, two thousand dollars each year ; for the next four 

25131 years, fifteen hundred dollars each year ; for the next five years, 

25132 twelve hundred dollars each year ; and for the next five 

25133 years, one thousand dollars each year ; all which said sums of 
25131 money shall be applied to the use and benefit of the said Indians, 

25135 under the direction of the President of the United States, who 

25136 may, from time to time, determine, at his discretion, upon what 

25137 beneficial objects to expend the same. And the superintendent 

25138 of Indian affairs, or other proper officer, shall each year inform 

25139 the President of the wishes of said Indians in respect thereto. 

25140 Article 5. To enable the said Indians to remove to and 

25141 settle upon their aforesaid reservations, and to clear, fence, and 

25142 break up a sufficient quantity of land for cultivation, the United 

25143 States further agree to pay the sum of three thousand two huu- 

25144 died and fifty dollars, to be laid out and expended under the 

25145 direction of the President, and in such manner as he shall ap- 

25146 prove. 

25147 Article 6. The President may hereafter, when in his opin- 

25148 ion the interests of the Territory may require, and the welfare 

25149 of the said Indians be promoted, remove them from either or all 

25150 of said reservations to such other suitable place or places with- 

25151 in said Territory as he may deem fit, on remunerating them for 

25152 their improvements and the expenses of their removal, or may 

25153 consolidate them with other friendly tribes or bands. And he 

25154 may further, at his discretion, cause the whole or any portion of 

25155 the lands hereby reserved, or of such other land as may be se- 

25156 lected in lieu thereof, to be surveyed into lots, and assign the 



563 



25157 same to such individuals or families as are willing to avail thera- 

25158 selves of the privilege, and will locate on the same as a permg- 

25159 nent home, on the same terms and subject to the same regula- 

25160 tions as are provided in the sixth article of the treaty with the 

25161 Omahas, so far as the same maybe applicable. Any substan- 

25162 tial improvements heretofore made by any Indian, and which he 

25163 shall be compelled to abandon in consequence of tins treaty. 

25164 shall be valued, under the direction of the President, and pay- 

25165 ment be made accordingly therefor. 

25166 Article 7. The annuities of the aforesaid tribes and bauds 

25167 shall not be taken to pay the debts of individuals. 

25168 Article 8. The aforesaid tribes and bands acknowledge 

25169 their dependence on the Government of the United States, and 

25170 promise to be friendly with all citizens thereof, and pledge tliem- 

25171 selves to commit no depredations on the property of such citi 

25172 zens. And should any one or more of them violate this pledge, 

25173 and the fact be satisfactorily proved before the agent, the prop- 

25174 erty taken shall be returned, or in default thereof, or if injured 

25175 or destroyed, compensation may be made by the Government 

25176 out of their annuities, ^or will they make war on any other 

25177 tribe except in self-defence, but will submit all matters of differ - 

25178 ence between them and other Indians to the Government of the 

25179 United States, or its agent, for decision, and abide thereby. 

25180 And if any of the said Indians commit any depredations on 

25181 any other Indians within the Territory, the same rule shall pre- 

25182 vail as that prescribed in this article, in cases of depredations 

25183 against citizens. And the said tribes agree not to shelter or 

25184 conceal offenders against the laws of the United States, but to 

25185 deliver them up to the authorities for trial. 

25186 Article 9. The above tribes and bands are desirous to 

25187 exclude from their reservations the use of ardent spirits, and to 

25188 prevent their people from drinking the same; and therefore it 

25189 is provided, that any Indian belonging to said tribes, who is 

25190 guilty of bringing liquor into said reservations, or who drinks 

25191 liquor, may have his or her proportion of the annuities withheld 

25192 from him or her for such time as the President may determine. 

25193 Article 10. The United States further agree to establish 

25194 at the general agency for the district of Puget's Sound, within 

25195 one year from the ratification hereof, and to support, for a period 

25196 of twenty years, an agricultural and industrial school, to be 

25197 free to children of the said tribes and bands, in common with 

25198 those of the other tribes of said district, and to provide the 

25199 said school with a suitable instructor or instructors, and also to 

25200 provide a smithy and carpenter's shop, and furnish them with 

25201 the necessary tools, and employ a blacksmith, carpenter, and 

25202 farmer, for the term of twenty years, to instruct the Indians in 



564 



25203 their respective occupations. And the United States farther 

25204 agree to employ a physician to reside at the said central agency, 

25205 who shall furnish medicine and advice to their sick, and shall 

25206 vaccinate them ; the expenses of the said school, shops, era- 

25207 ployees, and medical attendance, to be defrayed by the United 

25208 States, and not deducted from the annuities. 

25209 Article 11. The said tribes and bauds agree to free all 

25210 slaves now held by them, and not to purchase or acquire others 

25211 hereafter. 

25212 Article 12. The said tribes and bands finally agree not to 

25213 trade at Vancouver's Island, or elsewhere out of the dominions 

25214 of the United States; nor shall foreign Indians be permitted to 

25215 reside in their reservations without consent of the superintend- 
25210 ent or agent. 

25217 Article 13. This treaty shall be obligatory on the con- 

25218 trading parties as soon as the same shall be ratified by the 

25219 President and Senate of the United States. 

25220 Proclaimed March 3, 1855. 



25221 OMAHAS. 

25222 Franklin Pierce, President of the United States of America, 

25223 to all and singular to whom these presents shall come, greet- 

25224 ing : 

25225 Whereas a treaty was made and concluded at the city of 

25226 Washington, on the sixteenth day of March, one thousand eight 

25227 hundred and fifty-four, by George W. Manypenny, commissioner 

25228 on t he part of the United States, and the Omaha tribe of Indians, 

25229 which treaty is in the words following, to wit: 

25230 Articles of agreement and convention made and concluded at 

25231 the city of Washington, this sixteenth day of March, one 

25232 thousand eight hundred and fifty-four, by George W. Ma- 

25233 ny penny, as commissioner on the part of the United States, 

25234 and the following-named chiefs of the Omaha tribe of In- 

25235 dians, viz, Shou ga-ska, or Logan Fontenelle ; E-sta-mah-za, 

25236 or Joseph Le Flesche; Gra-tah-nah-je, or Standing Hawk ; 

25237 Gah-he-ga-gin-gah, or Little Chief; Ta-wah-gah-ha, or Vil 

25238 lage Maker ; Wah-no-ke-ga, or Noise; So-da-nah-ze, or Yel- 

25239 low Smoke ; they being thereto duly authorized by said 

25240 tribe. 

25241 Article 1. The Omaha Indians cede to the United States 

25242 all their lands west of the Missouri Elver, and south of a line 

25243 drawn due west from a point in the centre of the main channel 

25244 of said Missouri River due east of where the Ayoway Kiver 

25245 disembogues out of the bluffs, to the western boundary of the 



565 



25246 Omaha country, and forever relinquish all right and title to the 

25247 country south of said line : Provided, however, That if the country 

25248 north of said due west line, which is reserved by the Omahas 

25249 for their future home, should not on exploration prove to be a 

25250 satisfactory and suitable location for said Indians, the President 

25251 may, with the consent of said Indians, set apart and assign to 

25252 them, within or outside of the ceded country, a residence suited 

25253 for and acceptable to them. And for the purpose of deter- 

25254 mining at once and definitely, it is agreed that a delegation of 

25255 said Indians, in company with their agent, shall, immediately 

25256 after the ratification of this instrument, proceed to examine the 

25257 country hereby reserved, and if it please the delegation, and 

25258 the Indians in counsel express themselves satisfied, then it shall 

25259 be deemed and taken for their future home; but if otherwise, 

25260 on the fact being reported to the President, he is authorized to 

25261 cause a new location, of suitable extent, to be made for the fu- 

25262 ture home of said Indians, and which shall not be more in ex- 

25263 tent than three hundred thousand acres, and then and in that 

25264 case all of the country belonging to the said Indians, north of 

25265 said due west line, shall be and is hereby ceded to the United 

25266 States by the said Indians, they to receive the same rate per 

25267 acre for it," less the number of acres assigned in lieu of it for a 

25268 home, as now paid for the land south of said line. 

25269 Article 2. The Omahas agree that so soon after the United 

25270 States shall make the necessary provision for fulfilling the stipu- 

25271 lations of this instrument, as they can conveniently arrange 

25272 their affairs, and not to exceed one year from its ratification, 

25273 they will vacate the ceded country, and remove to the lands re- 

25274 served herein by them, or to the other lauds provided for in lieu 

25275 thereof, in the preceding article, as the case may be. 

25276 Article 3. The Omahas relinquish to the United States 

25277 all claims, for money or other thing, under former treaties, and 

25278 likewise all claim which they may have heretofore, at any time, 

25279 set up, to any land on the east side of the Missouri .River : Pro- 

25280 vided, The Omahas shall still be entitled to and receive from the 

25281 Government the unpaid balance of the twenty-five thousand 

25282 dollars appropriated for their use, by the act of thirtieth of 

25283 August, 1851. 

25284 Article 4. In consideration of and payment for the country 

25285 herein ceded, and the relinquishments herein made, the United 

25286 States agree to pay to the Omaha Indians the several sums of 

25287 money following, to wit : 

25288 1st. Forty thousand dollars per annum, for the term of 

25289 three years, commencing on the first day of January, eighteen 

25290 hundred and fifty-five. 



566 



25291 2d. Thirty thousand dollars per annum, for the term of ten 

25292 years, next succeeding the three years. 

25293 3d. Twenty thousand dollars per annum, for the term of 

25294 fifteen years, next succeeding the ten years. 

25295 4th. Ten thousand dollars per annum, for the term of twelve 
2529G years, next succeeding the fifteen years. 

25297 All which several sums of money shall be paid to the Oma- 

25298 has, or expended for their use and benefit, under the direction 

25299 of the President of the United States, who may from time to 

25300 time determine, at his discretion, what proportion of the annual 

25301 payments, in this article provided for, if any, shall be paid to 

25302 them in money, and what proportion shall be applied to and ex- 

25303 pended for their moral improvement and education ; for such 

25304 beneficial objects as in his j udgment will be calculated to advance 

25305 them in civilization ; for buildings, opening farms, fencing, break- 

25306 ing land, providing stock, agricultural implements, seeds, &c. ; 

25307 for clothing, provisions, and merchandise ; for iron, steel, arms, 

25308 and ammunition; for mechanics, and tools; and for medical 

25309 purposes. 

25310 Article 5. In order to enable the said Indians to settle 

25311 their affairs and to remove and subsist themselves for one year 

25312 at their new home, and which they agree to do without further 

25313 expense to the United States, and also to pay the expenses of 

25314 the delegation who may be appointed to make the exploration 

25315 provided for in article first, and to fence and break up two hun- 

25316 dred acres of land at their new home, they shall receive from 

25317 the United States the further sum of forty-one thousand dollars, 

25318 to be paid out and expended under the direction of the Presi- 

25319 dent, and in such manner as he shall approve. 

25320 Article 6. The President may, from time to time, at his 

25321 discretion, cause the whole or such portion of the land hereby 

25322 reserved, as he may think proper, or of such other land as may 

25323 be selected in lieu thereof, as provided for in article first, to be 

25324 surveyed into lots, and to assign to such Indian or Indians of 

25325 said tribe as are willing to avail of the privilege, and who will 

25326 locate on the same as a permanent home, if a single person over 

25327 twenty-one years of age, one-eighth of a section; to each family 

25328 of t wo, one quarter section ; to each family of three and not 

25329 exceeding five, one half section ; to each family of six, and not 

25330 exceeding ten, one section ; and to each family over ten in num- 

25331 her, one quarter section for every additional five members. And 

25332 he may prescribe such rules and regulations as will insure to 

25333 the family, in case of the death of the head thereof, the posses- 

25334 sion and enjoyment of such permanent home and the improve- 

25335 ments thereon. And the President may, at any time, in his 

25336 discretion, after such person or family has made a location 



567 



25337 on the land assigned for a permanent home, issue a patent to 

25338 such person or family for such assigned land, conditioned that 

25339 the tract shall not be aliened or leased for a longer term than 

25340 two years, and shall be exempt from levy, sale, or forfeiture. 

25341 which conditions shall continue in force until a State constitu- 

25342 tion, embracing such lauds within its boundaries, shall have 

25343 been formed, and the legislature of the State shall remove the 

25344 restrictions. And if any such person or family shall at any 

25345 time neglect or refuse to occupy and till a portion of the lands 

25346 assigned, and on which they have located, or shall rove from 

25347 place to place, the President may, if the patent shall have been 

25348 issued, cancel the assignment, and may also withhold from such 

25349 person or family their proportion of the annuities or other 

25350 moneys due them, until they shall have returned to such per- 

25351 manent home, and resumed the pursuits of industry ; and in de- 

25352 fault of their return the tract may be declared abandoned, and 

25353 thereafter assigned to some other person or family of such tribe, 

25354 or disposed of as is provided for the disposition of the excess of 

25355 said land. And the residue of the land hereby reserved, or of 

25356 that which may be selected in lieu thereof, after all of the In- 

25357 dian persons or families shall have had assigned to them perma- 

25358 nent homes, may be sold for their benefit, under such laws, 

25359 rules, or regulations, as may hereafter be prescribed by the 

25360 Congress or President of the United States. Xo State legisla- 

25361 tare shall remove the restrictions herein provided for, without 

25362 the consent of Congress. 

25363 Article 7. Should the Omahas determine to make their per- 

25364 manent home north of the due west line named in the first article. 
2536o the United States agree to protect them from the Sioux and all 

25366 other hostile tribes, as long as the President may deem such 

25367 protection necessary ; and if other lands be assigned them, the 

25368 same protection is guaranteed. 

25369 Article 8. The United States agree to erect for the Omahas. 

25370 at their new home, a grist and saw mill, and keep the same iu 

25371 repair, and provide a miller for ten years : also to erect a good 

25372 blacksmith shop, supply the same with tools, and keep it in re- 

25373 pair for ten years ; and provide- a good blacksmith for a like 

25374 period ; and to employ an experienced farmer for the term of ten 

25375 years, to instruct the Indians in agriculture. 

25376 Article 9. The annuities of the Indians shall not be taken 

25377 to pay the debts of individuals. 

25378 Article 10. The Omahas ' acknowledge their dependence 

25379 on the Government of the United States, aud promise to be 

25380 friendly with all the citizens thereof, and pledge themselves to 

25381 commit no depredations on the property of such citizens. And 



568 



25382 should any oue or more of them violate this pledge, and the fact 

25383 he satisfactority proven before the agent, the property taken 

25384 shall be returned, or in default thereof, or if iDjured or de- 

25385 stroyed, compensation may be made by the Government out of 

25386 their annuities. Nor will they make war on any other tribe, ex- 

25387 cept in self-defence, but will submit all matters of difference be- 

25388 tween them and other Indians to the Government of the United 

25389 States, or its agent, for decision, and abide thereby. And if 

25390 any of the said Oinahas commit any depredations on any other 

25391 Indians, the same rule shall prevail as that prescribed in this 

25392 article in cases of depredations against citizens. 

25393 Article 11. The Omahas acknowledge themselves in- 
25391 debted to Lewis Sounsosee, (a half-breed,) for services, the sum 

25395 of one thousand dollars, which debt they have not been able to 

25396 pay, and the United States agree to pay the same. 

25397 Article 12. The Omahas are desirous to exclude from their 

25398 country the use of ardent spirits, and to prevent their people 

25399 from drinking the same, and therefore it is provided that any 

25100 Omaha who is guilty of bringing liquor into their country, or 

25101 who drinks liquor, may have his or her proportion of the annui- 

25102 ties withheld from him or her for such time as the President may 

25103 determine. 

25101 Article 13. The board of foreign missions of the Presby- 

25105 terian Church have, on the lands of the Omahas, a manual-labor 

25106 boarding-school, for the education of the Omaha, Ottoe, and 
25407 other Indian youth, which is now in successful operation, and 

25108 as it will be some time before the necessary buildings can be 

25109 erected on the reservation, and [it is] desirable that the school 

25110 should not be suspended, it is agreed that the said board shall 

25111 have four adjoining quarter sections of land, so as to include as 

25112 near as may be all the improvements heretofore made by them ; 

25113 and the President is authorized to issue to the proper authority 
25111 of said board a patent in fee-simple for such quarter sections. 

25115 Article 11. The Omahas agree that all the necessary roads, 

25116 highways, and railroads, which may be constructed as the coun- 

25117 try improves, and the lines of which may run through such tract 

25118 as may be reserved fortheir permanent home, shall have a right 

25119 of way through the reservation, a just compensation being paid 

25120 therefor in money. 

25121 Article 15. This treaty shall be obligatory on the con- 

25122 tracting parties as soon as the same shall be ratified by the 

25123 President and Senate of the United States. 
25121 Proclaimed June 21, 1851. 



569 



25425 Treaty between the United States of America and the Omaha tribe 

25426 of Indians, concluded March G, 18G5 ; ratification adrised 

25427 February 13, 18GG. 

25428 Andrew Johnson, President of the United States of America, 

25429 to all and singular to whom these presents shall come, 

25430 greeting : 

25431 Whereas a treaty was made and concluded at the city of 

25432 Washington, in the District of Columbia, on the sixth day of 

25433 March in the year of our Lord one thousand eight hundred and 

25434 sixty-five, by and bet ween Clark W. Thompson and Robert W. Fur- 

25435 nas, commissioners, on the part of the United States, and E-sta- 

25436 mah-zha, or Joseph La Flesche, Gra-ta-inah-zhe, or Standing 

25437 Hawk, Ga-he-ga-zhin-ga, or Little Chief; Tah-wah-ga-ha, orYil- 

25438 la ge Maker : Wah-no-ke-ga, or Noise; Sha-da-na-ge, or Yellow 

25439 Smoke; Wastch-corn-ma-nu, or Hard Walker; Pad-a-ga-he, or 

25440 Fire Chief; Ta-su, or WhiteCow ; and Ma-ha-nin-ga, or Xo Knife, 

25441 chiefs of the Omaha tribe of Indians, on the part of said tribe 

25442 of Indians and duly authorized thereto by them, which treaty is 

25443 in the words and figures following, to wit : 

25444 Articles of treaty made and concluded at Washington, D. C. on 

25445 the sixth day of March, A. D. 1865, between the United 

25446 States of America, by their commissioners, Clark W. Thoinp- 

25447 son, Robert W. Furnas, and the Omaha tribe of Indians by 

25448 their chiefs, E-sta-mah-za, or Joseph La Flesche; Gra-ta- 

25449 mah-zhe, or Standing Hawk; Ga-he-ga-zhin-ga, or Little 

25450 Chief; Tah-wah-gah-ha, or Tillage Maker; Wah-no-ke-ga, 

25451 or Noise; Sha-da-na-ge, or Yellow Smoke; Wastch-com-ma- 

25452 nu, or Hard Walker; Pad-a-ga-he, or Fire Chief; Ta-su, or 

25453 White Cow ; Ma-ha-nin-ga, or Xo Knife. 

25454 Article 1. The Omaha tribe of Indians do hereby cede, 

25455 sell, and convey to the United States a tract of land from the 
2545G north side of their present reservation, defined and bounded as 

25457 follows, viz : commencing at a point on the Missouri River four 

25458 miles due south from the north boundary line of said reserva- 

25459 tion, thence west ten miles, thence south four miles, thence west 

25460 to the western boundary line of the reservation, thence north 
254G1 to the northern boundary line, thence east to the Missouri River, 

25462 and thence south along the river to the place of beginning; and 

25463 that the said Omaha tribe of Indians will vacate and give pos- 

25464 session of the lands ceded by this treaty immediately after its 

25465 ratification: Provided, That nothing herein contained shall be 

25466 construed to include any of the lands upon which the said Omaha 

25467 tribe of Indians have now improvements, or any land or im- 

25468 provemeDts belonging to, connected^ with, or used for the ben- 

72 i t 



570 



25469 efit of the Missouri school now in existence upon the Omaha 

25470 reservation. 

25471 Article 2. Iu consideration of the foregoing cession, the 

25472 United States agree to pay to the said Omaha tribe of Indians 

25473 the sum of fifty thousand dollars, to be paid upon the ratifica- 

25474 tion of this treaty, and to be expended by their agent, under 

25475 the direction of the Commissioner of Indian Affairs, for goods, 

25476 provisions, cattle, horses, construction of buildings, farming 

25477 implements, breaking up lauds, and other improvements on their 

25478 reservation. 

25479 Article 3. In further consideration of the foregoing 

25480 cession, the United States agree to extend the provisions of 

25481 article 8 of the treaty between the Omaha tribe of Indians 

25482 and the United States, made on the 16th day of March, A. D. 

25483 1854, for a term of ten years from and after the ratification of 

25484 this treaty ; and the United States further agree to pay to the 

25485 said Omaha tribe of Indians, upon the ratification of this treaty, 

25486 the sum of seven thousand dollars as damages in consequence 

25487 of the occupancy of a portion of the Omaha reservation not 

25488 hereby ceded, and use and destruction of timber by the Whine- 

25489 bago tribe of Indians while temporarily residing thereon. 

25490 Article 4. The Omaha Indians being desirous of promoting 

25491 settled habits of industry and enterprise amongst themselves by 

25492 abolishing the tenure in common by which they now hold their 

25493 lands, and by assigning limited quantities thereof in severalty 

25494 to the members of the tribe, including their half or mixed blood 

25495 relatives now residing with them, to be cultivated and improved 

25496 for their own individual use and benefit, it is hereby agreed and 

25497 stipulated that the remaining portion of their present reserva- 

25498 tion shall be set apart for said purposes; and that out of the 

25499 same there shall be assigned to each head of a family not ex- 

25500 ceeding one hundred and sixty acres, and to each male person, 

25501 eighteen years of age and upwards, without family, not exceed- 

25502 ing forty acres of land — to include in every case, as far as prac- 

25503 ticable, a reasonable proportion of timber; six hundred and 

25504 forty acres of said lands, embracing and surrounding the present 

25505 agency improvements, shall also be set apart and appropriated 

25506 to the occupancy and use of the agency for said Indians. The 

25507 lands to be so assigned, including those for the use of the agency, 

25508 shall be in as regular and compact a body as possible, and so as 

25509 to admit of a distinct and well-defined exterior boundary. The 

25510 whole of the lands, assigned or unassigned, in severalty, shall 

25511 constitute and be known as the Omaha reservation, within and 

25512 over which all laws passed or which may be passed by Congress, 

25513 regulating trade and intercourse with the Indian tribes, shall 

25514 have full force and effect, and no white person, except such as 



571 



25515 shall be in the employ of the United States, shall be allowed to 

25516 reside or go upon any portion of said reservation without the 

25517 written permission of the superintendent of Indian affairs, or the 

25518 agent for the tribe. Said division and assignment of lands to 

25519 the Omahas in severalty shall be made under the direction of 

25520 the Secretary of the Interior, and, when approved by him, shall 

25521 be final and conclusive. Certificates shall be issued by the 

25522 Commissioner of Indian Affairs for the tracts so assigned, speci- 

25523 fying the names of the individuals to whom they have been 

25524 assigned respectively, and that they are for the exclusive use 

25525 and benefit of themselves, their heirs, and descendants ; and 

25526 said tracts shall not be alienated in fee, leased, or otherwise dis- 

25527 posed of except to the United States or to other members of the 

25528 tribe, under such rules and regulations as may be prescribed by 

25529 the Secretary of the Interior, and they shall be exempt from 

25530 taxation, levy, sale, or forfeiture, until otherwise provided for by 

25531 Congress. 

25532 Article 5. It being understood that the object of the 

25533 Government in purchasing the land herein described is for the 
25531 purpose of locating the Winnebago tribe thereon, now, therefore, 

25535 should their location there prove detrimental to the peace, 

25536 quiet, and harmony of the whites as well as of the two tribes of 

25537 Indians, then the Omahas shall have the privilege of repur- 

25538 chasing the land herein ceded upon the same terms they now 

25539 sell. 

25540 Proclaimed February 15, 1866. 



25541 OS AGES — GREAT AND LITTLE. 

25542 Articles of a treaty made and concluded at Fort Glark } on the right 

25543 oank of the Missouri, about five miles above the Fire Prairie, 

25544 in the Territory of Louisiana, the tenth day of Xovember, in 

25545 the year of our Lord one thousand eight hundred and eight, be- 

25546 tween Peter Chouteau^ esquire, agent for the Osage, and spe- 

25547 daily commissioned and instructed to enter into the same by his 

25548 excellency Meriwether Lewis, governor and si(2)erintendent of 

25549 Indian affairs for the Territory aforesaid, in behalf of the 

25550 United States of America, of the one part, and the chiefs and 

25551 warriors of the Great and Little Osage, for themselves and 

25552 their nations respectively, on the other part. 

25553 Article 1» The United States being anxious to promote 

25554 peace, friendship, and intercourse with the Osage tribes, to afford 

25555 them every assistance in their power, and to protect them from 



572 



25556 the insults and injuries of other tribes of Indiaus situated near 

25557 the settlements of the white people, have thought proper to build 

25558 a fort on the right bank of the Missouri, a few miles above the 

25559 Fire Prairie, and do agree to garrison the same with as many 

25560 regular troops as the President of the United States may, from 

25561 time to time, deem necessary for the protection of all orderly, 

25562 friendly, and well-disposed Indians of the Great and Little 

25563 Osage Nations who reside at this place, and who do strictly con- 

25564 form to and pursue the counsels or admonitions of the Presi- 

25565 dent of the United States through his subordinate officers. 

25566 Article 2. Abrogated by treaty of Aug. 31, 1822. Pro- 

25567 claimed February 19, 1823/page 576. 

25568 Article 3. The United States agree to furnish at this place, 

25569 for the use of the Osage Nations, a blacksmith, and tools to mend 

25570 their arms and utensils of husbandry, and engage to build them 

25571 a horse-mill or water-mill $ also to furnish them with ploughs, 

25572 and to build for the great chief of the Great Osage, and for the 

25573 great chief of the Little Osage, a strong block-house in each of 

25574 their towns, which are to be established near this fort. 

25575 Article 4. With a view to quiet the animosities which at 

25576 present exist between the inhabitants of the Territory of Loui- 

25577 si an a and the Osage Nations, in consequence of the lawless dep- 

25578 reflations of the latter, the United States do further agree to 

25579 pay to their own citizens the full value of such property as they 

25580 can legally prove to have been stolen or destroyed by the said 

25581 Osage since the acquisition of Louisiana by the United States, 

25582 provided the same does not exceed the sum of five thousand 

25583 dollars. 

25584 Article 5. In consideration of the lands relinquished D3 T 

25585 the Great and Little Osage to the United States, as stipulated 

25586 in the sixth article of this treaty, the United States promise to 

25587 deliver at Fire Prairie, or at St. Louis, yearly, to the Great 

25588 Osage Nation, merchandize to the amount or value of one thou- 

25589 sand dollars, and to the Little Osage Nation, merchandize to the 

25590 amount or value of five hundred dollars, reckoning the value of 

25591 said merchandize at the first cost thereof in the city or place in 

25592 the United States where the same shall have been procured. 

25593 And in addition to the merchandize aforesaid, the United 

25594 States have, at and before the signature of these articles, paid 

25595 to the Great Osage Nation the sum of eight hundred dollars, 

25596 and to the Little Osage Nation the sum of four hundred dollars. 

25597 Article 6. And in consideration of the advantages which 

25598 we derive from the stipulations contained in the foregoing arti- 

25599 cles, we, the chiefs and warriors of the Great and Little Osage, 

25600 for ourselves and our nations respectively, covenant and agree 

25601 with the United States, that the boundary line between our na- 



573 



25602 tions and the United States shall be as follows, to wit : begin 1 

25603 ning at Fort Clark, on the Missouri, five miles above Fire 
.25604 Prairie, and running thence a due south course to the river Ar- 

25605 kansas, and down the same to the Mississippi ; hereby ceding 

25606 and relinquishing forever to the United States all the lands 

25607 which lie east of the said line, and north of the southwardly 
2560S bank of the said river Arkansas, and all lands situated north- 

25609 wardly of the river Missouri. And we do further cede and re- 

256 10 linquish to the United States forever, a tract of two leagues 

25611 square, to embrace Fort Clark, and to be laid off in such manner 

25612 as the President of the United States shall think proper. 

25613 Article 7. And it is mutually agreed by the contracting 

25614 parties that the boundary lines hereby established shall be run 

25615 and marked at the expense of the United States, as "Soon as cir- 
* 25616 cumstances or their convenience will permit ; and the Great and 

25617 Little Osage promise to depute two chiefs from each of their re- 

25618 spective nations, to accompany the commissioner or commis- 

25619 sioners who may be appointed on the part of the United States 

25620 to settle and adjust the said boundary line. 

25621 Article 8* And the United States agree that such of the 

25622 Great and Little Osage Indians as may think proper to put 

25623 themselves under the protection of Fort Clark, and who observe 

25624 the stipulations of this treaty with good faith, shall be permit- 

25625 ted to live and to hunt, without molestation, on all that tract of 

25626 country, west of the north and south boundary line, on which 

25627 they, the said Great and Little Osage, have usually hunted or 

25628 resided : Provided, The same be not the hunting grounds of any 

25629 nation or tribe of Indians in amity with the United States; and 

25630 on any other lands within the Territory of Louisiana, without 

25631 the limits of the white settlements, until the United States may 

25632 think proper to assign the same as hunting grounds to other 

25633 friendly Indians. 

25634 Article 9. Lest the friendship which is now established 

25635 between the United States and the said Indian nations should 

25636 be interrupted by the misconduct of individuals, it is hereby 

25637 agreed that for injuries done by individuals, no private revenge 

25638 or retaliation shall take place, but instead thereof complaints 

25639 shall be made by the party injured to the other, by the said na 

25640 tions or either of them, to the superintendent or other person 

25641 appointed by the President to the chiefs of the said nation ; and 

25642 it shall be the duty of the said chiefs, upon complaints being 

25643 made as aforesaid, to deliver up the person or persons against 

25644 whom the complaint is made, to the end that he or they may be 

25645 punished agreeably to the laws of the State or Territory where 

25646 the offence may have been committed; and in like manner, if 

25647 any robbery, violence, or murder shall be committed on any In- 



574 



25648 diau or Indians belonging to either of said nations, the person 

25649 or persons so offending shall be tried, and if found guilty, shall 

25650 be punished in like manner as if the injury had been clone to a 

25651 white man. And it is agreed that the chiefs of the Great and 

25652 Little Osage shall to the utmost of their power exert themselves 

25653 to recover horses or other property which may be stolen from 

25654 any citizen or citizens of the United States, by any individual 

25655 or individuals of either of their nations ; and the property so 

25656 recovered shall be forthwith delivered to the superintendent or 

25657 other person authorized to receive it, that it may be restored to 

25658 the proper owner; and in cases where the exertions of the chiefs 

25659 shall be ineffectual in recovering the property stolen as afore- 

25660 said, if sufficient proof can be adduced that such property was 

25661 actually stolen b} T any Indian or Indians belonging to the said 

25662 nations, or either of them, the superintendent, or other proper 

25663 officer, may deduct from the annuity of the said nations respect- 

25664 ively a sum equal to the value of the property which has been 

25665 stolen. And the United States hereby guarantee to any Indian 

25666 or Indians of the said nations respectively, a full indemnifica- 

25667 tion for any horses or other property which may be stolen from 

25668 them by any of their citizens : Provided, That the property so 

25669 stolen cannot be recovered, and that sufficient proof is produced 

25670 that it was actually stolen by a citizen of the United States. 

25671 And the said nations of the Great and Little Osage engage, on 

25672 the requisition or demand of the President of the United States, 

25673 or of the superintendent, to deliver up any white man resident 

25674 among them. 

25675 Article 10. The United States receive the Great and Lit- 

25676 tie Osage Nations into their friendship and under their protec- 

25677 tion ; and the said nations, on their part, declare that they will 

25678 consider themselves under the protection of no other power 

25679 whatsoever ; disclaiming all right to cede, sell, or in any manner 

25680 transfer their lands to any foreign power, or to citizens of the 

25681 United States, or inhabitants of Louisiana, unless duly author- 

25682 ised by the President of the United States to make the said 

25683 purchase or accept the said cession on behalf of the Govern- 

25684 ment, 

25685 Article 11. And if any person or persons, for hunting or 

25686 other purpose, shall pass over the boundary lines, as established 

25687 by this treaty, into the country reserved for the Great and Lit- 

25688 tie Osage Nations, without the license of the superintendent or 
25889 other proper officer, they, the said Great and Little Osage, or 
25690 either of them, shall be at liberty to apprehend such unlicensed 
23691 hunters or other persons, and surrender them, together with 

25692 their property, but without other injury, insult, or molestation > 

25693 to the superintendent of Indian affairs, or to the agent nearest 

25694 the place of arrest, to be dealt with according to law. 



575 



25695 


25696 


25697 


25698 


25699 


25700 


25" 


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251 


02 


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251 


07 


251 


'08 


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Article 12. And the chiefs and warriors, as aforesaid, 
promise and engage that neither the Great nor Lin 1'' Osage Na- 
tion will ever, by sale, exchange, or as presents, supply any na- 
tion or tribe of Indians, not in amity with the United States, 
with guns, ammunitions, or other implements of war. 

Article 13. This treaty shall take effect and be obligatory 
on the contracting parties, as soon as the same shall have been 
ratified by the President, by and with the advice and consent of 
the Senate of the United States. 

Eatified April 28, 1810. 
X. B. — All claims and interest under this treaty are given up 
by the treaty proclaimed March 2, 1839. (See page 583.) 

A treaty of peace and friendship made and concluded between Wil- 
liam Clark, Ninian Edwards, and Auguste Chouteau, com- 
missioners plenipotentiary of the United States of America, 
on the part and behalf of the said States, of the one part, and 
the undersigned king, chiefs, and warriors, of the Great and 
Little Osage tribes or nations, on the part and behalf of their 
said tribes or nations, of the other part. 

The parties being desirous of re-establishing peace and 
friendship between the United States and the said tribes or na- 
tions, and of being placed in all things, and in every respect, on 
the same footing upon which they stood before the war, have 
agreed to the following articles: 

Article 1. Every injury, or act of hostility, by one or 
either of the contracting parties against the other shall be mu- 
tually forgiven and forgot. 

Article 2. There shall be perpetual peace and friendship 
between all the citizens of the United States of America and 
all the individuals composing the said Osage tribes or nations. 

Article 3. The contracting parties, in the sincerity of mu- 
tual friendship, recognize, re-establish, and confirm, all and 
every treaty, contract, and agreement, heretofore concluded be- 
tween the United States and the said Osage tribes or nations. 

Eatified December 26, 1815. 

A treaty made and concluded by and between William Clark gov- 
ernor of the Missouri Territory, superintendent of Indian af- 
fairs, and commissioner in behalf of the United States, of the 
one part ; and a full and complete deputation of considerate 
men, chiefs, and warriors of all the several bands of the Great 
and Little Osage Nation, assembled in behalf of their said na- 
tion, of the other part, have agreed to the following articles : 

Article 1. Whereas the Osage Nations have been embar- 
rassed by the frequent demands for property taken from the citizens 



576 



25739 of the United States, by war-parties and other thoughtless men 

25740 of their several bands, (both before and since their war with the 

25741 Oherokees,) and as the exertions of their chiefs have been inef- 

25742 fectual in recovering and delivering such property, conformably 
"5743 with the condition of the ninth article of a treaty entered into 

25744 with the United States at Fort Clark, the tenth of November, 

25745 one thousand eight hundred and eight ; and as the deductions 

25746 from their annuities, in conformity to the said article, would 

25747 deprive them of any for several years, and being destitute of 

25748 funds to do that justice to the citizens of the United States 

25749 which is calculated to promote a friendly intercourse, they have 

25750 agreed, and do hereby agree, to cede to the United States, and 

25751 forever quit-claim to, the tract of country included within the 

25752 following bounds, to wit : Beginning at the Arkansaw River, at 

25753 where the present Osage boundary-line strikes the river at Frog 

25754 Bayou; then up the Arkansaw and Verdigris to the falls of 

25755 Verdigris River; thence, eastward^, to the said Osage bound 

25756 ary-line, at a point twenty leagues north from the Arkansaw 

25757 River ; and, with that line, to the place of beginning. 

25758 Article 2. The United States, on their part, and in cou- 
20759 sideration of the above cession, agree, in addition to the amount 

25760 which the Osage do now receive in money and goods, to pay 

25761 their own citizens the full value of such property as they can 

25762 legally prove to have been stolen or destroyed by the said Osage? 

25763 since the year one thousand eight hundred and fourteen: Pro- 

25764 vided, The same does not exceed the sum of four thousand dol- 

25765 lars. 

25766 Auticle 3. The articles now stipulated will be considered 
20767 as permanent additions to the treaties now in force, between the 

25768 contracting parties, as soon as they shall have been ratified by 

25769 the President of the United States of America, by and with 

25770 the advice and consent of the Senate of the said United States. 

25771 Proclaimed January 7, 1819. 

25772 Articles of a treaty entered into and concluded at the United States* 

25773 Factory, on the M. Be Cigue — (Marais des Cygnes) — Augt., by 

25774 and between Richard Graham, agent of Indian affairs, author- 

25775 ized on the part of the United States for that purpose, and the 

25776 chiefs, tvarriors, and head-men of the tribes of Great and Little 

25777 Osage Indians, for themselves and their respective tribes, of the 

25778 other part. 

25779 Whereas by the second article of the treaty made and en- 

25780 tered into between the United States and the Great and Little 

25781 Osage Nation of Indians, concluded and signed at Fort Clark, 



577 



25782 on the Missouri, oil the tenth day of November, one thousand 

25783 eight hundred and eight, it is stipulated that the United States 

25784 shall establish, at that place, and permanently continue, at all 

25785 seasons of the year, a well-assorted store of goods, for the pur- 

25786 pose of bartering with them on moderate terms for their peltries 

25787 and furs : Now we, the said chiefs, warriors, and head-men, in 

25788 behalf of our said tribes, for and in consideration of two thou- 

25789 sand three hundred and twenty-nine dollars and forty cents, to 

25790 us now paid in merchandize, out of the United States' factory, 

25791 by said Eichard Graham, on behalf of the United States, the 

25792 receipt whereof is hereby acknowledged, do exonerate, release, 

25793 and forever discharge the United States from the obligation 

25794 contained in the said second article above mentioned ; and the 

25795 aforesaid second article is, from the date hereof, abrogated and 

25796 of no effect. 

25797 Proclaimed February 19, 1823. 



2579S Articles of a treaty made and concluded at St. Louis, in the State 

25799 of Missouri , "between William Clarlc, superintendent of Indian 

25800 affairs, commissioner, on the part of the United States, and 

25801 the undersigned, chiefs, head-men, and warriors of the Great 

25802 and Little Osage tribes of Indians, duly authorized and em- 

25803 powered .by their respective tribes or nations. 

25804 In order more effectually to extend to said tribes that pro- 

25805 tection of the Government so much desired by them, it is agreed 

25806 as follows : 

25807 Article 1. The Great and Little Osage tribes or nations 

25808 do hereby cede and relinquish, to the United States, all their 

25809 right, title, interest, and claim to lands lying within the State 

25810 of Missouri and Territory of Arkansas, and to all lands lying 

25811 west of the said State of Missouri and Territory of Arkansas, 

25812 north and west of the Eed Eiver, south of the Kansas River, 

25813 and east of a line to be drawn from the head sources of the 

25814 Kansas, southwardly through the Eock Saline, with such reser- 

25815 rations, for such considerations, and upon such terms, as are 

25816 hereinafter specified, expressed, and provided for. 

25817 Article 2. Within the limits of the country above ceded 

25818 and relinquished, there shall be reserved, to and for the Great 

25819 and Little Osage tribes or nations, aforesaid, so long as they 

25820 may choose to occupy the same, the following- described tract of 

25821 land : beginning at a point due east of White Hair's Tillage, 

25822 and twenty-five miles west of the western boundary-line of the 

25823 State of Missouri, fronting on a north and south line, so as to 

25824 leave ten miles north, and forty miles south, of the point of said 

73 it 



578 



25825 beginning, and extending west, with the width of fifty miles, to 

25826 the western boundary of the lands hereby ceded and relin- 

25827 quished by said tribes or nations ; which said reservation shall 

25828 be surveyed and marked, at the expense of the United States, 

25829 and upon which the agent for said tribes or nations and all 

25830 persons attached to said agency, as also such teachers and in- 

25831 struetors as the President may think proper to authorise and 

25832 permit, shall reside, and shall occupy and cultivate, without 

25833 interruption or molestation, such lands as may be necessary for 

25834 them. And the United States do hereby reserve to themselves, 

25835 forever, the right of navigating, freely, all water-courses and 

25836 navigable streams, within or running through the tract of coun- 

25837 try above reserved to said tribes or nations. 

25838 Article 3. In consideration of the cession and relinquish- 

25839 ment, aforesaid, the United States do, hereby, agree to pay to 

25840 the said tribes or nations, yearly, and every year, for twenty 

25841 years, from the date of these presents, the sum of seven thou- 

25842 sand dollars, at their village, or at St. Louis, as the said tribes 

25843 or nations may desire, either in money, merchandize, provisions, 

25844 or domestic animals, at their option. And whenever the said 

25845 annuity, or any part thereof, shall be paid in merchandize, the 

25846 same is to be delivered to them at the first cost of the goods at 

25847 St. Louis, free of transportation. 

25848 Article 4. The United States shall, immediately upon the 

25849 ratification of this convention, or as soon thereafter as may be, 

25850 cause to be furnished to the tribes or nations aforesaid, Six 

25851 hundred head of cattle, six hundred hogs, one thousand domestic 

25852 fowls, ten yoke of oxen, and six carts, with such farming uten- 

25853 sils as the superintendant of Indian affairs may think necessary, 

25854 and shall employ such persons to aid them in their agricultural 

25855 pursuits as to the President of the United States may seem 

25856 expedient, and shall also provide, furnish, and support for them 

25857 one blacksmith, that their farming utensils, tools, and arms may 
25S5S be seasonably repaired 5 and shall build for each of the four 

25859 principal chiefs, at their respective villages, a comfortable and 

25860 commodious dwelling-house. 

25861 Article 5. From the above lands ceded and relinquished, 

25862 the following reservations for the use of the half-breeds hereafter 

25863 named shall be made, to wit : One section, or six hundred and 

25864 forty acres, for Augustus Clermont, to be located and laid otf so 

25865 as to include Joseph Kivar's residence, on the east side of the 

25866 Neosho, a short distance above the Grand Saline, and not nearer 
25S67 than within one mile thereof; one section for each of the fol- 

25868 lowing half-breeds: James, Paul, Henry, Eosalie, Anthony, and 

25869 Amelia, the daughter of She-me-hunga, and Amelia, the daughter 

25870 of Mi-hun-ga, to be located two miles below the Grand Saline, 



579 



25871 and extending down the Neosho on the east side thereof; and 

25872 one section for Noel Mongrain, the son of Wa-taw-nagres, and 

25873 for each of his ten children, Baptiste, Noel, Francis, Joseph, 

25874 Mongrain, Lonis, Victoria, Sophia, Julia, and Juliet; and the 

25875 like quantity for each of the following-named grandchildren of 

25876 the said Noel Mongrain, to wit: Charles, Francis, Louisson, and 

25877 Wash, to commence on the Marias des Cygnes, where the western 

25878 boundary line of the State of Missouri crosses it at the fork of 

25879 Mine River, and to extend up Mine River, for quantity ; one 

25880 section for Mary Williams and one for Sarah Williams, to be 

25881 located on the north side of the Marias des Cygnet, at the Double 

25882 Creek, above Harmony; one section for Francis T. Chardon ; 

25883 one section for Francis C. Tayon; one section for James G. Chou- 
25881 teau ; one section for Alexander Chouteau ; one section for Pel- 
25885 agie Antaya; one section for Celeste Antaya; one section for 
25880 Joseph Antaya; one section for Baptiste St. Mitchelle, jr.; one 

25887 section for Louis St. Mitchelle ; one section for Victoria St. Mitch- 

25888 elle; one section for Julia St. Mitchelle; one section for Francis 

25889 St. Mitchelle ; one section for Joseph Perra ; one section for Susan 

25890 Larine; one section for Marguerite Reneau; one section for 

25891 Thomas L. Balio; and one section for Terese, the daughter of 

25892 Paul Louise; which said several tracts are to be located on the 

25893 north side of the Marais des Cygnes, extending up the river 
25891 above the reservations in favour of Mary and Sarah Williams, 
25895 in the order in which they are herein above named. 

2589G Article 6. And also fifty-four other tracts, of a mile square 

25897 each, to be laid off under the direction of the President of the 

25898 United States, and sold, for the purpose of raising a fund to be 

25899 applied to the support of schools, for the education of the Osage 

25900 cliildren, in such a manner as the President may deem most ad- 

25901 visable to the attainment of that end. 

25902 Article 7. Forasmuch as there is a debt due from sun- 

25903 dry individuals of the Osage tribes or nations to the United 
25901 States trading houses of the Missouri and Osage Rivers, amount- 

25905 ing in the whole to about the sum of four thousand one hun- 

25906 dred and five dollars and eighty cents, which the United States 

25907 do hereby agree to release; in consideration thereof, the said 

25908 tribes or nations do, hereby, release and relinquish their claim 

25909 upon the United States, for regular troops to be stationed, for 

25910 their protection, in garrison, at Fort Clark, and, also, for furnish - 

25911 ing of a blacksmith at that place, and the delivery of merchan- 

25912 dise at Fire Prairie, as is provided for in the first, third, and 

25913 fifth articles of the treaty concluded on the tenth day of No- 

25914 vember, one thousand eight hundred and eight. 

25915 Article 8. It appearing that the Delaware Nation have 

25916 various claims against the Osages, which the latter have not had 



580 



25917 it in their power to adjust, and the United States being desirous 

25918 to settle, finally and satisfactory, all demands and differences 

25919 between the Delawares and Osages, do hereby agree to pay to 

25920 the Delawares, in full satisfaction of all their claims and de- 

25921 mauds against the Osages, the sum of one thousand dollars. 

25922 Article 9. With a view to quiet the animosities which at 

25923 present exist between a portion of the citizens of Missouri and 

25924 Arkansas and the Osage tribes, in consequence of the lawless 

25925 depredations of the latter, the United States do, furthermore, 

25926 agree to pay, to their own citizens, the full value of such pro- 

25927 perty as they can legally prove to have been stolen or destroyed 

25928 by the Osages since the year eighteen hundred and eight, and 

25929 for which payment has not been made under former treaties : Pro- 

25930 vided, The sum to be paid by the United States does not exceed 

25931 the sum of five thousand dollars. 

25932 Article 10. It is furthermore agreed on, by and between 

25933 the parties to these presents, that there shall be reserved two 
25931 sections of land, to include the Harmony Missionary establish- 

25935 ment, and their mill, on the Marias des Cynge ; and one section, 

25936 to include the missionary establishment above the Lick on the 

25937 west side of Grand Eiver, to be disposed of as the President of 

25938 the United States shall direct, for the benefit of said missions, 

25939 and to establish them at the principal villages of the Great and 
25910 Little Osage Nations, within the limits of the country reserved 

25941 to them by this treaty, and to be kept up at said villages, so 

25942 long as said missions shall be usefully employed in teaching, 

25943 civilizing, and improving the said Indians. 

25944 Article 11. To preserve and perpetuate the friendship 

25945 now happily subsisting between the United States and the said 

25946 tribes or nations, it is hereby agreed that the provisions con- 

25947 tained in the ninth article of the treaty concluded and signed at 

25948 Fort Clarkj on the tenth day of November, one thousand eight 

25949 hundred and eight, between the United States and the said tribes 

25950 or nations, shall, in every respect, be considered as in full force 

25951 and applicable to the provisions of this treaty, and that the 

25952 United States shall take and receive into their friendship and 

25953 protection the aforsaid tribes or nations, and shall guaranty to 

25954 them, forever, the right to navigate, freely, all water-courses or 

25955 navigable streams within the tract of country hereby ceded, upon 

25956 such terms as the same are or may be navigated by the citizens 

25957 of the United States. 

25958 Article 12. It is further agreed that there shall be deliv- 

25959 ered as soon as may be, after the execution of this treaty, at the 

25960 Osage villages, merchandize to the amount of four thousand 

25961 dollars, first cost in St. Louis, and two thousand dollars in mer- 

25962 chandize before their departure from this place; and horses 



581 



25963 and equipage tc the value of twenty-six hundred dollars ; which, 

25964 together with the sum of one hundred dollars, to be paid to Paul 

25965 Loise, and the like sum to Baptiste Mongrain, in money, shall 

25966 be in addition to the provisions and stipulations hereby above con- 

25967 tained, in full satisfaction of the cession hereinbefore agreed on. 

25968 Article 13. Whereas the Great and Little Osage tribes or 

25969 nations are indebted to Augustus P. Chouteau, Paul Balio, and 

25970 William P.Williams, to a large amount, for credits given to 

25971 them, which they are unable to pay, and have particularly re- 

25972 quested to have paid or provided for in the present negotiation ; 

25973 it is, therefore, agreed on, by and between the parties to these 

25974 presents, that the United States shall pay to Augustus P. Chou- 

25975 teau one thousand dollars; to Paul Balio two hundred and 

25976 fifty dollars, and to William S. Williams two hundred and fifty 

25977 dollars, towards the liquidations of their respective debts due 

25978 from the said tribes or nations. 

25979 Article 14. These articles shall take effect, and become 

25980 obligatory on the contracting parties, so soon as the same shall 

25981 be ratified by the President, by and with the advice and consent 

25982 of the Senate of the United States. 

25983 Proclaimed December 30, 1825. 

25984 K. B. — All claims or interest under this treaty, except the 

25985 sixth article, are give up by the treaty proclaimed March 2, 1839, 

25986 (see page 583.) 

25987 Treaty with the Great and Little Osages. 

25988 Whereas the Congress of the United States of America being 

25989 anxious to promote a direct commercial and friendly intercourse 

25990 between the citizens of the United States and those of the Mexi 

25991 can republic, and to afford protection to the same, did, at their 

25992 last session, pass an act, which was approved the 3d March, 

25993 1825, "to authorize the President of the United States to cause 

25994 a road to be marked out from the western frontier of Missouri, 

25995 to the confines of ~New Mexico," and which authorizes the Presi- 

25996 dent of the United States to appoint commissioners to carry said 

25997 act of Congress into effect, and enjoins on the commissioners so 

25998 to be appointed that they first obtain the consent of the inter- 

25999 vening tribes of Indians, by treaty, to the making of said road, 

26000 and to the unmolested use thereof to the citizens of the United 

26001 States and of the Mexican republic ; and Benjamin H. Peeves, 

26002 Geo. C. Sibley, and Thomas Mather, commissioners duly appoint- 

26003 ed as aforesaid, being duly and full}' authorized, have this day 

26004 met the chiefs and head-men of the Great and Little Osage Na- 

26005 tions, who being all duly authorized to meet and negotiate with 

26006 the said commissioners upon the premises, and being specially 



582 



26007 met for that purpose, by the invitation of said commissioners, 

20008 at the place called the Council Grove, on the River Nee-o-zho, 

26009 one hundred and sixty miles southwest from Fort Osage, have, 

260 L0 after due deliberation and consultation, agreed to the following 

26011 treaty, which is to be considered binding on the said Great and 

26012 Little Osages, from and after this day : 

26013 Article 1. The chiefs and head-men of the Great and Lit- 

26014 tie Osages, for themselves and their nations, respectively, do 

26015 consent and agree that the commissioners of the United States 

26016 shall and may survey and mark out a road, in such manner as 

26017 they may think proper, through any of the territory owned or 

26018 claimed by the said Great and Little Osage Nations. 

26019 Article 2. The chiefs and head- men as aforesaid do fur- 

26020 ther agree that the road authorized in article 1 shall, when 

26021 marked, be forever free for the use of the citizens of the United 

26022 States and of the Mexican republic, who shall at all times pass 

26023 and repass thereon, without any hindrance or molestation on the 

26024 part of the said Great and Little Osages. 

26025 Article 3. The chiefs and head-men as aforesaid, in con si d- 

26026 eration of the friendly relations existing between them and the 

26027 United States, do further promise, for themselves and their peo- 

26028 pie, that they will, on all fit occasions, render such friendly aid 

26029 and assistance as may be in their power, to any of the citizens 

26030 of the United States, or of the Mexican republic, as they may 
25031 at any time happen to meet or fall in with on the road aforesaid. 

26032 Article 4. The chiefs and head-men, as aforesaid, do fur- 

26033 ther consent and agree that the road aforesaid shall be considered 

26034 as extending to a reasonable distance on either side, so that 

26035 travellers thereon may, at any time, leave the marked tract, for 

26036 the purpose of finding subsistence and proper camping places. 

26037 Article 5. In consideration of the privileges granted by 

26038 the chiefs of the Great and Little Osages in the three preceding 

26039 articles, the said commissioners on the part of the United States 

26040 have agreed to pay to them, the said chiefs, for themselves and 

26041 their people, the sum of five hundred dollars ; which sum is to 

26042 be paid them as soon as may be, in money or merchandize, at 

26043 their option, at such place as they may desire. 

26044 Article 6. And the said chiefs and head-meu, as aforesaid, 

26045 acknowledge to have received from the commissioners aforesaid, 

26046 at and before the signing of this treaty, articles of merchandize 

26047 to the value of three hundred dollars; which sum of three huu- 

26048 dred dollars, and the payment stipulated to be made to the said 

26049 Osages in article 5, shall be considered, and are so considered 

26050 by said chiefs, as full and complete compensation for every privi- 

26051 lege herein granted by said chiefs. 

26052 Proclaimed May 3, 1826. 



26053 Articles of a treaty made and concluded at Fort Gibson, west of 

26054 Arkansas, beticeen Brigadier-General M. Arbuclde, commis 

26055 sioner on the part of the United States, and the chiefs, head- 

26056 men, and ivarriors of the Great and Little Osage Indians, duly 

26057 authorized by their respective bands. 

26058 Article 1. The Great and Little Osage Indians make the 

26059 following cessions to the United States : 

26060 First. Of all titles or interest in any reservation hereto fore 

26061 claimed by them, within the limits of any other tribe. 

26062 Second. Of all claims or interests under the treaties of 

26063 November tenth, one thousand eight hundred and eight, and 

26064 June second, one thousand eight hundred and twenty-five, except 

26065 so much of the latter as is contained in the sixth article thereof, 

26066 and the said Indians bind themselves to remove from the lands 

26067 of other tribes, and to remain within their own boundaries. 

26068 Article 2. In consideration of the cessions and obligations 

26069 contained in the preceding article, the United States agree to 

26070 the following stipulations on their part : 

26071 First. To pay to the said Great and Little Osage Indians, 

26072 for the term of twenty years, an annuity of twenty thousand 

26073 dollars to be paid in the Osage Nation, twelve thousand in money 

26074 and eight thousand in goods, stock, provisions, or money, as the 

26075 President may direct. 

26076 Second. To furnish the Osage Nation, for the term of twenty 

26077 years, two blacksmiths and two assistants, the latter to be taken 

26078 from the Osage Nation, and to receive two hundred and twenty. 

26079 five dollars each per year; each smith to be famished with a 

26080 dwelling-house, shop and tools, and five hundred pounds of iron, 

26081 and sixty pounds of steel annually. 

26082 Third. To furnish the Osage Nation with a grist and saw 

26083 mill, a miller to each for fifteen years, and an assistant to each 

26084 for eleven years, the latter to be taken from the Osage Nation, 

26085 and. receive each two hundred and twenty-five dollars per year; 

26086 each miller to be furnished with a dwelling-house, and the nec - 

26087 essary tools. 

26088 Fourth. To supply the said Great and Little Osage Indians 

26089 within their country with one thousand cows and calves, two 

26090 thousand breeding hogs, one thousand ploughs ; one thousand 

26091 sets of horse gear ; one thousand axes, and one thousand hoes 

26092 to be distributed under the direction of their agent and chiefs? 

26093 as follows, viz: to each family who shall form an agricultural 

26094 settlement, one cow and calf, two breeding hogs, one plough, 

26095 one set of horse gear, one axe, and one hoe. The stock, tools, 

26096 &c., to be in readiness for delivery as soon as practicable after 

26097 the ratification of this treaty, and the Osages shall have com- 

26098 plied with the stipulations herein contained. 



584 



26099 Fifth. To furnish the following-named chiefs, viz, Pa-hu-sca, 

2G100 Clermont, Chiga-wa-sa, Ka-he-gais-tanga, Tawan-ga-hais, Wa- 

26101 cho-chais, M-iia-wa-cbin-tanga, Tally, Gui-hira-ba-chais, Bap- 

26102 tiste Mongrain, each with a house worth two hundred dollars ; 

26103 and the following-named chiefs, viz, Chi-to-ka-sa-bais, Wa-ta- 

26104 ni-ga, Wa-tier-chi-ga, Chon-ta-sa-bais, Nan-gais-wa-ha-qui hais, 

26105 Ka-hi-gais-stier-de-gais,Man-haie-spais-we-te-chis, Chow-gais-mo- , 

26106 non, Gre-tan-man-sais, Kan-sais-ke-cris, Cho-mi-ka-sais, Man- 

26107 cha-ki da-cki-ga, each with a house worth one hundred dollars, 

26108 and to furnish the above-named chiefs with six good wagons, 

26109 sixteen carts, and twenty-eight yoke of oxen, with a yoke and 

26110 log-chain to each yoke of oxen, to be delivered to them in their 

26111 own country, as soon as practicable after the ratification of this 

26112 treaty. 

26113 Sixth. To pay all claims against said Osages, for depreda- 
26111 tions committed by them against other Indians or citizens of 

26115 the United States, to an amount not exceeding thirty thousand 

26116 dollars, provided that the said claims shall be previously ex- 

26117 amined under the direction of the President. 

26118 Seventh. To purchase the reservations provided for individ- 

26119 uals in the fifth article of the treaty of June second, one thousand 

26120 eight hundred and twenty-five, at not exceeding two dollars per 

26121 acre, to be paid to the respective reservees, excepting, however, 

26122 from this provision, the tracts that were purchased in the fourth 

26123 article of the treaty with the Cherokees of December twenty- 

26124 ninth, one thousand eight hundred and thirty-five. 

26125 Eighth. To re-imburse the sum of three thousand dollars de- 

26126 ducted from their annuity in one thousand eight hundred and 

26127 twenty-five, to pay for property taken by them, which they have 

26128 since returned. 

26129 Mnth. To pay to Clermont's band their portion of the annuity 

26130 for one thousand eight hundred and twenty-nine, which was 

26131 wrongfully withheld from them by the agent of the Govern- 

26132 ment, amounting to three thousand dollars. 

26133 Article 3. This treaty shall be binding on both parties 

26134 when ratified by the United States Senate. 

26135 Proclaimed March 2, 1839. 

26136 Treaty bettveen the United States of America and the Great and 

26137 Little Osage Indians, concluded September 29, 1865 ; ratifi- 

26138 cation advised, with amendments, June 26, 1866 5 amendments 

26139 accepted September 21, 1866 ; proclaimed January 21, 1867. 

26140 Andrew Johnson, President of the United States of America, 

26141 to all and singular to whom these presents shall come, greet- 

26142 ing: 

26143 Whereas a treaty was made and concluded at Canville Trad- 



585 



26144 ing Post, Osage Nation, in the State of Kansas, on the twenty- 

26145 ninth clay of September, in the year of our Lord one thousand 

26146 eight hundred and sixty-fiVe, by and between D. N. Cooley and 

26147 Elijah Sells, commissioners on the part of the United Stales, 

26148 and White Hair, Little Bear, (Me-tso-shin-ca,) and other chiefs 

26149 of the tribe of Great and Little Osage Indians, on the part of 

26150 said tribe of Indians, and duly authorized thereto by them, 

26151 which treaty is in the words and figures following, to wit : 

26152 Articles of treaty and convention made and concluded at Can- 

26153 ville Trading Post, Osage Nation, within the boundary of 

26154 the State of Kansas, on the twenty-ninth day of Septem- 

26155 ber, eighteen hundred and sixty-five, by and between D. K. 

26156 Oooley, Commissioner of Indian Affairs, and Elijah Sells, 

26157 superintendent of Indian affairs for the southern superin- 

26158 tendency, commissioners on the part of the United States, 

26159 and the chiefs of the tribe of Great and Little Osage Indians, 
28160 the said chiefs being duly authorized to negotiate and treat 

26161 by said tribes. 

26162 Article 1. The tribe of the Great and Little Osage In- 

26163 dians, having now more lands than are necessary for their oc- 

26164 cupation, and all payments from the Government to them under 

26165 former treaties having ceased, leaving them greatly impover- 

26166 ished, and being desirous of improving their condition by dis- 

26167 posing of their surplus lands, do hereby grant and sell to the 

26168 United States the lands contained within the following bound - 

26169 aries, that is to say: Beginning at the southeast corner of their 

26170 present reservation, and running thence north with the eastern 

26171 boundary thereof fifty miles, to the northeast corner; thence 

26172 west with the northern line thirty miles ; thence south fifty 

26173 miles, to the southern boundary of said reservation ; and thence 

26174 east with said southern boundary to the place of beginning : 

26175 Provided, That the western boundary of said land herein ceded 

26176 shall not extend further westward than upon a line commencing 

26177 at a point on the southern boundary of said Osage coun- 

26178 try one mile east of the place where the Verdigris Biver 

26179 crosses the southern boundary of the State of Kansas. And, 

26180 in consideration of the grant and sale to them of the above- 

26181 described lands, the United States agree to pay the sum of 

26182 three hundred thousand dollars, which sum shall be placed 

26183 to the credit of said tribe of Indians in the Treasury of the 

26184 United States, and interest thereon at the rate of five per 

26185 centum per annum shall be paid to said tribes semi-annually, in 

26186 money, clothing, provisions, or such articles of utility as the 

26187 Secretary of the Interior may, from time to time, direct. Said 

26188 lands shall be surveyed and sold, binder the direction of the 

26189 Secretary of the Interior, on the most advantageous terms, for 

74 I T 



586 



26190 cash, as public lands are surveyed and sold under existing laws, 

26191 including any act granting lands to the State of Kansas in aid 

26192 of the construction of a railroad through said lands $ but no 

26193 pre-emption claim or homestead settlement shall be recognized ; 

26194 and after re-imbursing the United States the cost of said survey 

26195 and sale, and the said sum of three hundred thousand dollars 

26196 placed to the credit of said Indians, the remaining proceeds of 

26197 sales shall be placed in the Treasury of the United States to the 

26198 credit of the " civilization fund," to be used, under the direction 

26199 of the Secretary of the Interior, for the education and civiliza- 

26200 tion of Indian tribes residing within the limits of the United 

26201 States. 

26202 Article 2. The said tribe of Indians also hereby cede to 

26203 the United States a tract of land twenty miles in width from 

26204 north to south, off the north side of the remainder of their 

26205 present reservation, and extending its entire length from east 

26206 to west 5 which land is to be held in trust for said Indians, and 

26207 to be surveyed and sold for their benefit under the direction of 

26208 the Commissioner of the General Land-Office, at a price not less 

26209 than one dollar and twenty-five cents per acre, as other lands are 

26210 surveyed and sold, under such rules and regulations as the 

26211 Secretary of the Interior shall from time to time prescribe. The 

26212 proceeds of such sales, as they accrue, after deducting all ex- 

26213 penses incident to the proper execution of the trust, shall be 

26214 placed in the Treasury of the United States to the credit of said 

26215 tribe of Indians ; and the interest theron, at the rate of five per 

26216 centum per annum, shall be expended annually for building houses, 

26217 purchasing agricultural implements and stock animals, and for 

26218 the employment of a physician and mechanics, and for providing 

26219 such other necessary aid as will enable said Indians to com- 

26220 mence agricultural pursuits under favorable circumstances: 

26221 Provided, That twenty-five per centum of the net proceeds 

26222 arising from the sale of said trust lands, until said percentage 

26223 shall amount to the sum of eighty thousand dollars, shall be 

26224 placed to the credit of the school fund of said Indians, and the 

26225 interest thereon, at the rate of five per centum per annum, shall 

26226 be expended semi-annually for the boarding, clothing, and educa- 

26227 tion of the children of said tribe. 

26228 Article 3. The Osage Indians, being sensible of the great 

26229 benefits they have received from the Catholic mission, situate in 

26230 that portion of their reservation herein granted and sold to the 

26231 United States, do hereby stipulate that one section of said land, 

26232 to be selected by the Commissioner of Indian Affairs so as to in- 

26233 elude the improvements of said mission, shall be granted in fee- 

26234 simple to John Schoenmaker, in trust, for the use and benefit of 

26235 the society sustaining said mission, with the privilege to said 



587 



26236 Schoenuiaker, on the payment of one dollar and twenty !i ve cents 

26237 per acre, of selecting and purchasing two sections of land adjoin- 

26238 ing the section above granted ; the said selection to be held in 

26239 trust for said society, and to be selected in legal subdivisions of 

26240 surveys, and subject to the approval of the Secretary of the 

26241 Interior. 

26242 Article 4. All loyal persons, being heads of families and 

26243 citizens of the United States, or members of any tribe at peace 

26244 with the United States, having made settlements and improve- 

26245 ments as provided by the pre-emption laws of the United States 

26246 and now residing on the lands provided to be sold by the United 

26247 States, in trust for said tribe, as well as upon the said lands 

26248 herein granted and sold to the United States, shall have the 

26249 privilege, at any time within one year after the ratification of 

26250 this treaty, of buying a quarter section each, at one dollar and 

26251 twenty-five cents per acre ; such quarter section to be selected 

26252 according to the legal subdivision of surveys, and to include, as 

26253 far as practicable, the improvements of the settler. 

26254 Article 5. The Osages being desirous of paying their just 

26255 debts to James 35". Coffey and A. B. Oanville, for advances in 

26256 provisions, clothing, and other necessaries of life, hereby agree 

26257 that the superintendent of Indian affairs for the southern super- 

26258 intendency and the agent of the tribe shall examine all claims 

26259 against said tribe, and submit the same to the tribe for approval 

26260 or disapproval, and report the same to the Secretary of the In- 

26261 terior, with the proofs in each case, for his concurrence or rejec- 

26262 tion ; and the Secretary may issue to the claimants scrip for the 

26263 claims thus allowed, which shall be receivable as cash in pay- 

26264 ment for any of the lands sold in trust for said tribe : Provided, 

26265 The aggregate amount thus allowed by the Secretary of the In- 

26266 terior shall not exceed five thousand dollars. 

26267 Article 6. In consideration of the long and faithful serv- 

26268 ices rendered by Charles Mograin, one of the principal chiefs of 
26269' the Great Osages, to the people, and in consideration of improve- 

26270 ments made and owned by him on the land by this treaty sold 

26271 to the United States, and in lieu of the provision made in article 

26272 fourteen for the half-breed Indians, the heirs of the said Charles 

26273 Mograin, dec[ease]d, may select one section of land, including his 

26274 improvements, from the north half of said land, subject to the 

26275 approval of the Secretary of the Interior, and upon his approval 

26276 of such selection it shall be patented to the heirs of the said 

26277 Mograin, dec[ease]d, in fee-simple. 

26278 Article 7. It is agreed between the parties hereto that the 

26279 sum of five hundred dollars shall be set apart each year from 

26280 the moneys of said tribe, and paid by the agent to the chief. 

26281 Article 8. The Osage Indians being anxious that a school 



588 



26282 should be established in their new home, at their request it is 

26283 agreed and provided that John Schoenmaker may select one 

26284 section of land within their diminished reservation, and upon 

26285 the approval of such selection by the Secretary of the Interior, 

26286 such section of land shall be set apart to the said Schoenmaker 

26287 and his successors, upon condition that the same shall be used, 

26288 improved, and occupied for the support and education of the 

26289 children of said Indians during the occupancy of said reserva- 

26290 tion by said tribe : Provided, That said lands shall not be 

26291 patented, and upon the discontinuance of said school shall revert 

26292 to said tribe and to the United States as other Indian lands. 

26293 Article 9. It is further agreed that, in consideration of 

26294 the services of Darius Rogers to the Osage Indians, a patent 

26295 shall be issued to him for one hundred and sixty acres of laud, 

26296 to include his mill and improvements, on paying one dollar and 

26297 twenty-five cents per acre $ and said Rogers shall also have the 

26298 privilege of purchasing, at the rate of one dollar and twenty. 

26299 five cents per acre, one quarter section of land adjoining the 

26300 tract above mentioned, which shall be patented to him in like 

26301 manner ; said lands to be selected subject to the approval of 

26302 the Secretary of the Interior. 

26303 Article 10. The Osages acknowledge their dependence on 

26304 the Government of the United States, and invoke its protection 

26305 and care ; they desire peace, and promise to abstain from war, 

26306 and commit no depredations on either citizens or Indians ; and 

26307 they further agree to use their best efforts to suppress the intro- 

26308 duction and use of ardent spirits in their country. 

26309 Article 11. It is agreed that all roads and highways laid 

26310 out by the State or General Government shall have right of way 

26311 through the remaining lands of said Indians, on the same terms 

26312 as are provided by law, when made through lands of citizens of 

26313 the United States 5 and railroad companies, when the lines of 

26314 their roads necessarily pass through the lands of said Indians, 

26315 shall have right of way upon the payment of fair compensation 

26316 therefor. 

26317 Article 12. Within six months after the ratification of this 

26318 treaty the Osage Indians shall remove from the lands sold and 

26319 ceded in trust, and settle upon their diminished reservation. 

26320 Article 13. The Osage Indians having no annuities from 

26321 which it is possible for them to pay any of the expenses of carry - 

26322 ing this treaty into effect, it is agreed that the United States 

26323 shall appropriate twenty thousand dollars, or so much thereof 

26324 as may be necessary, for the purpose of defraying the expense 

26325 of survey and sale of the lands hereby ceded in trust, which 

26326 amount so expended shall be re-imbursed to the Treasury of the 

26327 United States from the proceeds of the first sales of said lands. 



589 



28328 Article 14. The half-breeds of the Osage tribe of Indians, 

26329 not to exceed twenty -live in number, who have improvements on 

26330 the north half of the lands sold to the United States, shall have 

26331 a patent issued to them, in fee-simple, for eighty acres each, to 

26332 include, as far as practicable, their improvements, said half- 

26333 breeds to be designated by the chiefs and head-men of the tribe ; 

26334 and the heirs of Joseph Swiss, a half-breed, and a former inter- 

26335 preter of said tribe, shall, in lieu of the above provision, receive 

26336 a title, in fee-simple, to a half section of land, including his house 
28337 and improvements, if practicable, and also to a half section of 

26338 the trust land ; all of said lands to be selected by the parties, 

26339 subject to the approval of the Secretary of the Interior. 

26340 Article 15. It is also agreed by the United States that 

26341 said Osage Indians may unite with any tribe of Indians at peace 

26342 with the United States, residing in said Indian Territory, and 

26343 thence afterwards receive an equitable proportion, according to 

26344 their numbers, of all moneys, annuities, or property payable by 

26345 the United States to said Indian tribe with which the agreement 

26346 may be made j and in turn granting to said Indians, in propor- 

26347 tion to their numbers, an equitable proportion of all moneys, 

26348 annuities, and property payable by the United States to said 

26349 Osages. 

26350 Article 16. It is also agreed by said contracting parties, 

26351 that if said Indians should agree to remove from the State of 

26352 Kansas, and settle ou lands to be provided for them by the 

26353 United States in the Indian Territory on such terms as may be 

26354 agreed on between the United States and the Indian tribes now 

26355 residing in said Territory or any of them, then the diminished 

26356 reservation shall be disposed of by the United States in the 

26357 same manner and for the same purposes as hereinbefore provided 

26358 in relation to said trust lands, except that fifty per cent, of the 

26359 proceeds of the sale of said diminished reserve may be used by 

26360 the United States in the purchase of lands for a suitable home 

26361 for said Indians in said Indian Territory. 

26362 Article 17. Should the Senate reject or amend any of the 

26363 above articles, such rejection or amendment shall not affect the 

26364 other provisions of this treaty, but the same shall go into effect 

26365 when ratified by the Senate and approved by the President. 

26366 Proclaimed January 21, 1867. 



590 



26367 OTTAWAS RESIDING ON BLANCH ARD'S FORK OF 

26368 THE GREAT AUGLAIZE RIVER AND LITTLE AU- 

26369 GLAIZE RIVER. 

26370 Articles of agreement and convention made and concluded this thir- 

26371 firth day of August, in the year of our Lord one thousand 

26372 eight hundred and thirty-one, by and between James B. Gardi- 

26373 ner, specially appointed commissioner on the part of the United 

26374 States, on the one part, and the chiefs, head-men, and warriors 

26375 of the band of Ottoway Indians residing within the State of 

26376 Ohio, on the other part, for a cession of the several tracts of 

26377 land now held and occupied by said Indians within said State, 

26378 by reservations made under the treaty concluded at Detroit on 

26379 the 11 ill day of November ^ 1807, and the treaty made at the 

26380 foot of the rapids of the Miami Biver of Lake Erie, on the 

26381 29th of September, 1817. 

26382 Whereas the President of the United States, under the au- 

26383 thority of the act of Congress approved May 28, 1830, has ap- 

26384 pointed a special commissioner to confer with the different In- 

26385 dian tribes residing within the constitutional limits of the State 

26386 of Ohio, and to offer for their acceptance the provisions of the 

26387 before-mentioned act ; and 

26388 Whereas the band of Ottoways residing on Blanchard's 

26389 Fork of the Great Auglaize River and on the Little Auglaize 

26390 River, at Oquanoxie's village, have expressed their consent to 

26391 the conditions of said act, and their willingness to remove west 

26392 of the Mississippi in order to obtain a more permanent and 

26393 advantageous home for themselves and their posterity: 

28394 Therefore, in order to carry into effect the aforesaid objects, 

26395 the following articles of convention have been agreed upon by 

26396 the aforesaid contracting parties, which, when ratified by the 

26397 President of the United States, by and with the consent of the 

26398 Senate thereof, shall be mutually binding upon the United 

26399 States and the aforesaid band of Ottoway Indians. 

26400 Article 1. The band of Ottoway Indians residing on 

26401 Blanchard's Fork of the Great Auglaize River and at Oqua- 

26402 noxa's village on the Little Auglaize River, in consideration of 

26403 the stipulations herein made on the part of the United States, 

26404 do forever cede, release, and quit-claim to the United States the 

26405 lands reserved to them by the last clause of the sixth article of 

26406 the treaty made at the foot of the rapids of the Miami of the 

26407 Lake on the 29th of September, 1817 ; which clause is in the fol- 

26408 lowing words : u There shall be reserved for the use of the Ot- 

26409 to way Indians, but not granted to them, a tract of land on 

26410 Blanchard's Fork of the Great Auglaize River, to contain five 



591 



26411 miles square, the centre of which tract is to be where the old 

26412 trace crosses the said fork; and one other tract, to contain 

26413 three miles square, on the Little Auglaize River, to include 

26414 Oqnanoxa's Tillage." making in said cession twenty-one thou- 

26415 sand seven hundred and sixty acres. 

26416 Article 2. The chiefs, head-men, and warriors of the band 

26417 of Ottoway Indians residing at and near the places called 
2641S Roche rfe Bceuf and Wolf Rapids, on the Miami River of Lake 

26419 Erie, and within the State of Ohio, wishing to become parties 

26420 to this convention, and not being willing, at this time, to stipu- 

26421 late for their removal west of the Mississippi, do hereby agree, 

26422 in consideration of the stipulations herein made for them on the 

26423 part of the United States, to cede, release, and forever quit- 

26424 claim to the United States the following tracts of land, reserved 

26425 to them by the treaty made at Detroit on the 17th day of Xo- 

26426 veinber. 1807, to wit. the tract of six miles square above Roche 

26427 rfe Bceuf, to include the village where Tondagonie (or Dog) for- 
2642S merly lived : and also three miles square at the Wolf Eapids 

26429 aforesaid, which was substituted for the three miles square 

26430 granted by the said treaty of Detroit to the said Ottoways, "to 

26431 include Fresque Isle " but which could not be granted as stipu- 

26432 lated in said treaty of Detroit in consequence of its collision 

26433 with the grant of twelve miles square to the United States by 

26434 the treaty of Greenville : making in the whole cession made by 

26435 this article twenty-eight thousand one hundred and fifty-seven 

26436 acres, which is exclusive of a grant made to Yellow Hair (or 

26437 Peter Minor) by the eighth article of the treaty at the foot of 
2643S the rapids of Miami, on the 29th of September. 1817, and for 

26439 which said Minor holds a patent from the General Land Office 

26440 for 643 acres. 

26441 Article 3. In consideration of the cessions made in the 

26442 first article of this convention, the ITnited States agree to cause 

26443 the band of Ottoways residing on Blanchard's Fork and at 

26444 Oquanoxa's Tillage, as aforesaid, consisting of about two hun- 

26445 dred souls, to be removed, in a convenient and suitable manner, 

26446 to the western side of the Mississippi River : and will grant, by 

26447 patent in fee-simple, to them and their heirs forever, as long as 

26448 they shall exist as a nation, and remain upon the same, a tract of 

26449 land to contain thirty-four thousand acres, to be located adjoining 

26450 the south or west line of the reservation equal to fifty miles squai e 

26451 granted to the Shawnees of Missouri and Ohio, on the Kanzas 

26452 River and its branches, by the treaty made at St. Louis, Novem- 

26453 ber 7, 1825. 

26454 Article 4. The United States will defray the expense of 

26455 the removal of the said band of Ottoways, and will, moreover, 

26456 supply them with a sufficiency of good and wholesome pro- 



592 



26457 visions to support tliem for one year after their arrival at their 

26458 new residence. 

26459 Article 5. In lien of the improvements which have been 

26460 made on the lands ceded by the first article of this convention, 

26461 it is agreed that the United States shall advance to the Otto* 

26462 ways of Blanchard's Fork and Oquanoxa's Village the sum of 

26463 two thousand dollars, to be re-imbursed from the sales of the 

26464 lands ceded by the said first article. And it is expressly under- 

26465 stood that this sum is not to be paid until the said Ottoways 

26466 arrive at their new residence ; and that it is for the purpose of 

26467 enabling them to erect houses and open farms for their accom- 

26468 modation and subsistence in their new country. A fair and 

26469 equitable distribution of this sum shall be made by the chiefs 

26470 of the said Ottoways, with the consent of their people, in gen- 

26471 eral council assembled, to such individuals of their band as may 

26472 have made improvements on the lands ceded by the first article 

26473 of this convention, and may be properly entitled to the same. 

26474 Article 6. The farming- utensils, live stock, and other 

26475 chattel-property which the said Ottoways of Blanchard's Fork 

26476 and Oquanoxa's Village now own, shall be sold, under the 

26477 superintendence of some suitable person appointed by the 

26478 Secretary of War, and the proceeds paid to the owners of such 

26479 property, respectively. 

26480 Article 7. The United States will expose to sale to the 

26481 highest bidder, in the manner of selling the public lands, the 

26482 tracts ceded by the first article of this convention, and after de- 

26483 ducting from the proceeds of such sales the sum of seventy 
26184 cents per acre, exclusive of the cost of surveying, and the sum 

26485 of two thousand dollars advanced in lieu of improvements, it 

26486 is agreed that the balance, or so much thereof as may be neces- 

26487 sary, shall be hereby guaranteed for the payment of the debts 

26488 which the said Ottoways of Blanchard's Fork and Oquanoxa's 

26489 Village may owe in the State of Ohio and the Territory of 

26490 Michigan, and agree to be due by them, as provided in the six- 

26491 teenth article of this convention; and any surplus of the pro- 

26492 ceeds of said lauds which may still remain shall be vested by 

26493 the President in Government stock, and five per cent, thereon 

26494 shall be paid to the said Ottoways of Blanchard's Fork and 

26495 Oquanoxa's Village as an annuity during the pleasure of Con- 

26496 grass. 

26497 Article 8. It is agreed that the said band of Ottoways, of 

26498 Blanchard's Fork and Oquanoxa's Village, shall receive, at their 

26499 new residence, a fair proportion of the annuities due to their 

26500 nation by former treaties, which shall be apportioned under the 

26501 direction of the Secretary of War according to their actual 

26502 numbers. 



593 



26503 Article 9. The lands granted by this agreement and con 

26504 vent ion tojthe^said baud of Ottaways residing at Blanchard's 

26505 Fork and Oquanoxa's Village shall not be sold nor ceded by them, 

26506 except to the United States. And the United States guarantee 

26507 that said lands shall never be within the bounds of any State or 

26508 Territory, nor subject to the laws thereof; and further, that the 

26509 Presideut of the United States will cause, said band to be pro- 

26510 tected, at their new residence, against all interruption or dis- 

26511 turbance from any other tribe or nation of Indians, and from any 

26512 other person or persons whatever ; and he shall have the same 

26513 care and superintendence over them in the country to which 
26511 they design to remove that he now has at their present resi- 

26515 denee. 

26516 Article 10. As an evidence of the good will and kind feel- 

26517 ings of the people of the United States towards the said band 

26518 of Ottoways of Blanchard's Fork and Oquanoxa's Village, it is 

26519 agreed that the following articles be given them as presents, to 

26520 wit: eighty blankets, twenty-five rifle guns, thirty-five axes, 

26521 twelve ploughs, twenty sets of horse-gears, and Eussian sheet- 

26522 ing sufficient for tents for their whole band; the whole to be de- 

26523 livered according to the discretion of the Secretary of War. 
26521 Article 11. In consideration of the cessions made in the 

26525 second article of this convention by the chiefs, head-men, and 

26526 warriors of the band, of Ottoways residing at Roche de Boeitf 

26527 and Wolf Eapids, it is agreed that the United States will grant 

26528 to said band, by patent in fee-simple, forty thousand acres of 

26529 land, west of the Mississippi, adjoining the lands assigned to 

26530 the Ottoways of Blanchard's Fork and Oquanoxa's Village, or in 

26531 such other situation as they may select, on the unappropriated 

26532 lands in the district of country designed for the emigrating 

26533 Indians of the United States. And whenever the said band 

26534 may think proper to accept of the above grant, and remove 

26535 west of the Mississippi, the United States agree that they shall 

26536 be removed and subsisted by the Government in the same man- 

26537 ner as is provided in this convention for their brethren of Blanch - 

26538 ard's Fork and Oquanoxa's Village, and they shall receive like 

26539 presents, in proportion to their actual numbers, under the direc- 

26510 tion of the Secretary of War. It is also understood and agreed 

26511 that the said band, when they shall agree to remove west of the 

26512 Mississippi, shall receive their proportion of the annuities due 

26543 their nation by former treaties, and be entitled in every respect 

26544 to the same privileges, advantages, and protection, which are 

26545 herein extended to their brethren and the other emigrating In 

26546 diaus of the State of Ohio. 

26547 Article 12. The lands ceded by the second article of this 

26548 convention shall be sold by the United States to the highest 

75 i t 



594 



26549 bidder, in the manner of selling the public lands, and after 

26550 deducting from the avails thereof seventy 'cents per acre, ex- 

26551 elusive of the cost of surveying, the balance is hereby guaran- 

26552 teed to discharge such debts of the Otto ways residing on the 

26553 river and bay of the Miami of Lake Erie, as they may herein 

26554 acknowledge to be due and wish to be paid. And whatever 

26555 overplus may remain of the avails of said lands, after discharg- 

26556 ing their debts as aforesaid, shall be paid to them in money, 

26557 provided they shall refuse to remove west of the Mississippi, 

26558 and wish to seek some other home among their brethren in the 

26559 Territory of Michigan. But should the said band agree to re- 

26560 move west of the Mississippi, then any overplus which may re- 

26561 main to them, after paying their debts, shall be invested by the 

26562 President, and five per centum paid to them as an annuity, as 

26563 is provided for their brethren by this convention. 

26564: Article 13. At the request of the chiefs residing at Roche 

26565 de Boeuf and Wolf Bapids, it is agreed that there shall be re- 

26566 served for the use of Wau-be-ga-kake, (one of the chiefs,) for 

26567 three years only from the signing of this convention, a section 

26568 of land below and adjoining the section granted to and occupied 

26569 by Yellow Hair or Peter Minor ; and, also, there is reserved in 

26570 like manner, and for the term of three years, and no longer, for 

26571 the use of Muck qui-on-a, or Bearskin, one section and a half, 

26572 below Wolf Eapids, and to include his present residence and 

26573 improvements. And it is also agreed that the said Bearskin 

26574 shall have the occupancy of a certain small island in the Maumee 

26575 Biver opposite his residence, where he now raises corn, which 

26576 island belongs to the United States, and is now unsold ; but the 

26577 term of this occupancy is not guaranteed for three years ; but 

26578 only so long as the President shall think proper to reserve the 

26579 same from sale. And it is further understood that any of the 

26580 temporary reservations made by this article may be surveyed 

26581 and sold by the United States, subject to the occupancy of three 

26582 years, hereby granted to the aforesaid Indians. 

26583 Article 14. At the request of the chiefs of Roche de Boeuf 

26584 and Wolf Bapids, there is hereby granted to Hiram Thebault, 

26585 (a half-blooded Ottoway,) a quarter-section of laud, to contain one 

26586 hundred and sixty acres, and to include his present improve- 

26587 ments, at the Bear Bapids of the Miami of the Lake. Also, one 

26588 quarter section of land, to contain like quantity, to William 

26589 McNabb, (a half-blooded Ottoway,) to adjoin the quarter section 

26590 granted to Hiram Thebault. In surveying the above reserva- 

26591 tions, no greater front is to be given on the river than would 

26592 properly belong to said quarter-sections, in the common manner 

26593 of surveying the public lands. 

26594 Article 15. At the request of the chiefs of Roche de Boeuf 



595 



26595 and Wolf Eapids, there is granted to the children of Yellow 

26596 Hair, (or Peter Minor,) one-half section of land, to contain three 

26597 hundred and twenty acres, to adjoin the north line of the sec- 

26598 tion of land now held by said Peter Minor, under patent from 

26599 the President of the United States, bearing date the 24th of 

26600 November, 1827, and the lines are not to approach nearer than 

26601 one mile to the Miami Kiver of the Lake. 

26602 Article 16. It is agreed by the chiefs of Blanchard's Fork 

26603 and Oquonoxa's Village, and the chiefs of Roche de Boeuf and 

26604 WolfEapids, jointly, that they are to pay, out of the surplus 

26605 proceeds of the several tracts herein ceded by them, equal pro- 

26606 portions of the claims against them by John E.Hunt, John 

26607 Hollister, Eobert A. Forsythe, Payne O. Parker, Peter Minor, 

26608 Theodore E. Phelps, Oollister Haskins, and S. and P. Carlan. 

26609 The chiefs aforesaid acknowledge the claim of John E. Hunt 

26610 to the amount of five thousand six hundred dollars ; the claim of 

26611 John Hollister to the amount of five thousand dollars ; the claim 

26612 of Eobert A. Forsythe to the amount of seven thousand five 

26613 hundred and twenty-four dollars, in which is included the claims 

26614 assigned to said Forsythe by Isaac Hull, Samuel Vance, A. Pel- 

26615 tier, Oscar White, and Antoine Lepoint. They also allow the 

26616 claim of Payne O. Parker to the amount of five hundred dollars ; 

26617 the claim of Peter Minor to the amount of one thousand dollars ; 

26618 the claim of Theodore E. Phelps to the amount of three hundred 

26619 dollars ; the claim of Collister Haskins to the amount of fifty 

26620 dollars, but the said Haskins claims fifty dollars more as his 

26621 proper demand ; and the claim of S. and P. Carlan to the amount 

26622 of three hundred and ninety-eight dollars and twenty-five cents. 

26623 The aforesaid chiefs also allow the claim of Joseph Laronger to 

26624 the amount of two hundred dollars, and the claim of Daniel 

26625 Lakin to the amount of seventy dollars. Notwithstanding the 

26626 above acknowledgement and allowances, it is expressly under- 

26627 stood and agreed by the respective parties to this compact, that 

26628 the several claims in this article, and the items which compose 

26629 the same, shall be submitted to the strictest scrutiny "and exain- 

26630 ination of the Secretary of War and the accounting officers of 

26631 the Treasury Department, and such amount only shall be allowed 

26632 as may be found just and true. 

26633 Article 17. On the ratification of this convention, the 

26634 privileges of every description granted to the Otto way Nation, 

26635 within the State of Ohio, by the treaties under which they hold 

26636 the reservations of land herein ceded, shall forever cease and 

26637 determine. 

26638 . Article 18. Whenever the deficiency of five hundred and 

26639 eighty dollars, which accrued in the annuities of the Ottoways 

26640 for 1830, shall be paid, the parties to this convention, residing 



596 



26641 on Blanchard's Fork and Oquanoxa's Village, shall receive their 

26642 fair and equitable portion of the same, either at their present or 

26643 intended residence. 

26644 Article 19. The chiefs signing this convention also agree, 

26645 in addition to the claims allowed in the sixteenth article thereof, 

26646 that they owe John Anderson two hundred dollars, and Francis 

26647 Lavoy two hundred dollars. 

26648 Article 20. It is agreed that there shall be allowed to Nau- 

26649 on-quai-que-zhick one hundred dollars, out of the surplus fund 

26650 accruing from the sales of the lands herein ceded, in consequence 

26651 of his not owing any debts, and having his land sold to pay the 

26652 debts of his brethren. 

26653 Proclaimed April 6, 1832. 



26654 OTTAWAS, BAND BESIDING ON THE INDIAN BE- 

26655 SEBYES, ON THE MIAMI OF LAKE EBIE. 

26656 Articles of a treaty made at Maumee in the State of Ohio, on the 

26657 eighteenth day of February, in the year of our Lord one thou- 
2665S sand eight hundred and thirty -three, between George B. Porter, 

26659 commissioner on the part of the United States, of the one part, 

26660 and the undersigned chiefs and head-men of the band of Ot- 

26661 tawa Indians residing on the Indian Reserves, on the Miami 

26662 of Lahe Erie, and in the vicinity thereof, representing the ichole 

26663 of said band, of the other part. 

26664 Whereas, by the twentieth article of the treaty concluded 

26665 at the foot of the rapids of the Miami of Lake Erie, on the 
£6666 twenty-ninth day of September, A. D. 1817, (proclaimed 

26667 January 4, 1819, see page 205,) it is provided as follows: 

26668 " The United States also agree to grant, by patent, to the chiefs 

26669 of the Ottawa tribe of Indians for the use of 'the said tribe, a 

26670 tract of land, to contain thirty-four square miles, to be laid out 

26671 as nearly in a square form as practicable, not interfering with the 

26672 lines of the tracts reserved by the treaty of Greenville, on the 

26673 south side of the Miami Biver of Lake Erie, and to include Tush. 

26674 que-gan, or McCarty's village ; which tracts, thus granted, shall 

26675 be held by the said tribe, upon the usual conditions of Indian 

26676 reservations, as though no patent were issued f and 

26677 Whereas by the. sixth article of the treaty concluded at 

26678 Detroit, on the seventeenth day of November, A. D. .1807, 

26679 (proclaimed January 27, 1808, see page 194,) it is provided, for 

26680 the accommodation of the Indians named in the treaty, that certain 

26681 tracts of land, within the cession then made, should be reserved 

26682 to the said Indian nations, among which is a reservation de- 



597 



26683 scribed as follows : " Four miles square on the Miami Bay, in 

26684 eluding the villages where Meskeman and Waugan now live,' 7 

26685 which reservation was expressly made for the Ottawa tribe. J >y 

26686 virtue of which stipulations and reservations the said hand of 

26687 Ottawas are now in the occupancy and enjoyment of the two 

26688 tracts of land therein described, and for the consideration here- 

26689 inafter stated have agreed to cede the same to the United States ; 

26690 and bind themselves to each and all of the articles and conditions 

26691 which follow: 

26692 Article 1. The said Ottawa band cede to the United 

26693 States all their land on each or either side of the Miami River 

26694 of Lake Erie, or on the Miami Bay, being all the lands mentioned 

26695 or intended to be included in the two reservations aforesaid, or 

26696 to which they have any claim. No claims to be made for im- 

26697 provements. 

26698 Article 2. It is agreed that out of the lands hereby ceded, 

26699 the following reservations shall be made, and that patents for 

26700 each tract shall be granted by the United States to the indi- 

26701 viduals respectively and their heirs for the quantity hereby as- 

26702 signed to each, that is to say: A tract of fifteen hundred and 

26703 twenty acres shall be laid off at the mouth of the river, on the 

26704 south side thereof, and to be so surveyed as to accommodate the 

26705 following persons, for whose use respectively each tract herein- 

26706 after described is reserved, viz : three hundred and twenty acres 

26707 for Au-to-kee, a chief, at the mouth of the river, to include 

26708 Presque Isle ; eight hundred acres for Jacques, Eobert, Peter, 

26709 Antoine, Francis, and Alexis Navarre, to include their present 

26710 improvements ; one hundred and sixty acres for Wa-say-on, the 

26711 son of Tush-qua-guan, to include his father's old cabin ; the re- 

26712 maining two hundred and forty acres to be set off in the rear of 

26713 these two sections : eighty acres thereof for Pe-tau, and if prac- 

26714 ticable to include her cabin and field ; eighty acres more thereof 

26715 for Che-no, a chief, above, or higher up the little creek, and the 

26716 other eighty acres thereof for Joseph Le Cavalier Eanjard, in 

26717 trust for himself and the legal representatives of Albert Eanjard, 

26718 deceased. Also, the following tracts on the north side of said 

26719 river: one hundred and sixty acres for Wau-sa-on-o-quet, a chief, 

26720 to include the improvement where he now lives on Pike Creek, 

26721 and to front on the bay ; eighty acres for Leon Guoin and his 

26722 children, adjoining the last and on the south side thereof; one 

26723 hundred and sixty acres for Aush-cush and Ke-tuck-kee, chiefs, 

26724 to be laid off on the north side of Ottawa Creek, fronting on the 

26725 same, and above the place where the said Aush-cush now lives; 

26726 one hundred and sixty acres for Eobert A. Forsyth, of Maumee, 

26727 to be laid off on each side of the turnpike road where Halfway 

26728 Creek crosses the same ; and one hundred and sixty acres, front- 



598 



26729 ing on the Mauinee Eiver, to include the place where Ke-ne-wau- 

26730 ba formerly resided ; one hundred and sixty acres for John E. 

26731 Hunt, fronting on the said river, immediately above and adjoin- 

26732 ing the last; and also one hundred and sixty acres, to adjoin the 

26733 former tract, on the turnpike road. The said tracts to be sur- 

26734 veyed and set off under the direction of the President of the 

26735 United States. 

26736 The said Au-to-kee, Wa-say-on, Pe-tau-che-no, Wau-sa-on- 

26737 o-quet, Aush-cush, and Ke-tuck-kee, being Indians, the lands 

26738 hereby reserved for them are not to be alienated without the 

26739 approbation of the President of the United States, 

26740 The said Leon Guoin has resided for a long time among 

26741 these Indians ; has subsisted them when they would otherwise 

26742 have suffered, and they are greatly attached to him. They 

26743 request that the grant be to him and his present wife, during 

26744 their joint lives, and the life of the survivor, and to their children 

26745 in fee. 

26746 The said Jacques, Robert, Peter, Antoine, Francis, and 

26747 Alexis Navarre have long resided among these Indians, inter. 

26748 married with them, and been valuable friends. 

26749 The said Albert Eanjard, deceased, had purchased land of 

26750 them previous to the late war, upon which, before he died, he 

26751 had paid them three hundred dollars, for which his family have 

26752 never received any equivalent. 

26753 The reservations to the said Eobert A. Forsyth and John 

26754 E. Hunt being at the especial request of the said band, in con- 

26755 sideration of their long residence among them and the many 

26756 acts of kindness they have extended to them. 

26757 Article 3. In consideration of which it is agreed that the 

26758 United States shall pay to the said band of Indians the sum of 

26759 twenty -nine thousand four hundred and forty dollars, to be, by 

26760 direction of the said band, applied in extinguishment of their 

26761 debts, in manner following, that is to say, to John Hollister and 

26762 Company, seven thousand three hundred and sixty-five dollars, 

26763 which includes other claims, directed by the said Indians to be 

26764 by him paid, amounting to thirteen hundred and ninety-five dol- 

26765 lars, as per Schedule A herewith : To John E. Hunt, nine thou- 

26766 sand nine hundred and twenty-nine dollars, which includes 

26767 other claims directed by the said Indians to be by him paid, 

26768 amounting to two thousand six hundred and seventy-five dol- 

26769 lars and sixty-three cents, as per Schedule B herewith : To Eob- 

26770 ert A. Forsyth, of Mauinee, ten thousand eight hundred and 

26771 ninety dollars, which includes other claims directed by the said 

26772 Indians to be by him paid, amounting to four thousand four 

26773 hundred and ten dollars, as per Schedule C herewith : To Louis 

26774 Beaufit, seven hundred dollars ; to Pierre Menard, four hundred 



599 



26775 dollars; to Jolm King, one hundred dollars; to Louis King, 

26776 fifty-six dollars.O) 

26777 Within six mouths after payment by the United States of 

26778 the said consideration money the said Indians agree to remove 

26779 from all the lands herein ceded. And it is expressly understood 

26780 that in the mean time no interruption shall be offered to the sur- 

26781 vey of the same by the United States. 

26782 And whereas the said band have represented to the said 

26783 commissioner that under the treaty, as interpreted to them, en- 

26784 tered into with John B. Gardiner, commissioner on the part of 

26785 the United States, on the 30th day of August, 1831, (pro- 

26786 claimed April 6, 1832; see preceding treaty,) for the cession 

26787 of a part of their lands, there is due to them, jointly with that 

26788 portion of the tribe that has emigrated, eighteen thousand 

26789 dollars, and for which they have made claim; whenever this 

26790 deficiency shall be paid it is agreed that out of said fund there 

26791 shall be paid to Joseph Leronger, in full satisfaction of all his 

26792 claim, four hundred dollars ; and to Pierre Menard, in like sat- 

26793 isfaction, sixteen hundred dollars ; to Gabriel Godfroy, junior, 
26791 in like satisfaction, two hundred dollars ; to Waubee's daughter, 

26795 Nau-quesh-kuni-o-qua, fifty dollars ; to Charles Leway, or Nau- 

26796 way-nes, fifty dollars ; to Dr. Horatio Conant, two hundred dol- 

26797 lars, in full satisfaction of all his claim ; to Joseph F. Marsac, 

26798 fifty dollars. 

26799 This treaty, after the same shall have been ratified by the 

26800 President and Senate of the United States, shall be binding on 

26801 the contracting parties. 

26802 Proclaimed March 22, 1833. 



26803 OTTAWAS, BLANCH AED'S FORK, AND ROCHE DE 

26804 BCEUF, UNITED BANDS. 

26805 Treaty between the United States of America and the Ottawa In- 

26806 dians of BlancharWs ForJc and Eoche Be Bceuf, concluded 

26807 Jane 24, 1862 ; ratification advised, with amendment, July 16, 

26808 1S62 ; amendment accepted, July 19, 1862. 

26809 Abraham Lincoln, President of the United States of America, 

26810 to all and singular to whom these presents shall come, 

26811 greeting : 

26812 Whereas a treaty was made and concluded at the city of 

26813 Washington, in the District of Columbia, on the twenty-fourth 

26814 day of June, in the year of our Lord eighteen hundred and sixty- 

26815 two, by and between William P. Dole, commissioner on the part 



(a) These schedules are not on rile at Washington. 



600 



26816 of the United States, and the herein after- named chief and coun- 

26817 oilmen of the Ottawa Indians of the united bands of Blanch- 

26818 ard's Fork and Eoche de Bceuf, now in Franklin County, in the 

26819 State of Kansas, being duly authorized by said bands, which 

26820 treaty is in the words and figures following : 

26821 Articles of agreement and convention, made and concluded at 

26822 Washington City, on the twenty -fourth day of June, eighteen 

26823 hundred 'andj;sixty-two, by and between William P. Dole, 

26824 commissioner on the part of the United States, and the fol- 

26825 lowing-named chief and councilmen of the Ottawa Indians 

26826 of the united bands of Blanchard's Fork and of Eoche de 

26827 Bceuf, now in Franklin County, Kansas, viz : Pem-ach-wung, 

26828 chief ; John T. Jones, William Hurr, and James Wind, conn- 

26829 cilmen, they being thereto duly authorized by said tribe. 

26830 Article 1. The Ottawa Indians of the united bands of Blan- 

26831 chard's Fork and of Eoche de Bceuf, having become sufficiently 

26832 advanced in civilization, and being desirous of becoming citizens 

26833 of the United States, it is hereby agreed and stipulated that 
26831 their organization and their relations with the United States 

26835 as an Indian tribe shall be dissolved and terminated at the ex- 

26836 piration of five years from the ratification of this treaty ; and 

26837 from and after that time the said Ottawas, and each and every 

26838 one of them, shall be deemed and declared to be citizens of the 

26839 United States, to all intents and purposes, and shall be entitled 
26810 to all the rights, privileges, and immunities of such citizens, 
26841 and shall, in all respects, be subject to the laws of the United 
26812 States and of the State or States thereof in which they may 

26843 reside. 

26844 Article 2. It is hereby made the duty of the Secretary of 

26845 the Interior to cause a survey of the reservation of the said Ot- 

26846 tawas to be made as soon as practicable after the ratification of 

26847 this treaty, dividing it into eighty-acre tracts, with marked 

26848 stones set at each corner • and said Ottawas, having already 

26849 caused their reservation to be surveyed, and quarter-section 

26850 stones set, it is hereby stipulated that such survey shall be 

26851 adopted, in so far as it shall be found correct. 

26852 Article 3. It being the wish of said tribe of Ottawas to 

26853 remunerate several of the chiefs, councilmen, 'and head-men 

26854 of the tribe for their services to them many years without pay, 

26855 it is hereby stipulated that five sections of land is [are] reserved 

26856 and set apart for that purpose, to be apportioned among the 

26857 said chiefs, councilmen, and head-men as the members of the 

26858 tribes shall in full council determine ; and it shall be the duty 

26859 of the Secretary of the Interior to issue patents, in fee-simple, 

26860 of said lands, when located and apportioned to said Indians. 

26861 In addition thereto, said last-named persons, and each and every 



601 



26862 Lead of a family in said tribe, shall receive 160 acres of laud, 

26863 which, shall include his or her house and all improvements, so 
25864 far as practicable ; and all other members of the tribe shall re- 

26865 ceive 80 acres of land each, and all the locations for the heads 

26866 of families, made in accordance with this treaty, shall be made 

26867 adjoining, and in as regular and compact form as possible, and 

26868 with due regard to the rights of each individual and of the 

26869 whole tribe. 

26870 Article 4. To enable said tribe to establish themselves 

28871 more fully in agriculture, and gradually to increase their prepa- 

28872 rations for assuming the responsibilities and duties of citizen- 

28873 ship, it is stipulated that, subject to the limitations hereinafter 

28874 mentioned, the sum of eighteen thousand ($18,000) dollars shall be 

28875 paid to said tribe, in the manner of annuities, out of their moneys 

28876 now in the hands of the United States, in September, 1862, and 

28877 subject to the limitations of this treaty. There shall be paid to 

28878 them in four equal annual payments thereafter, as near as may 

28879 be, all the moneys which the United States hold, or may hold, 

28880 in any wise for them, with accruing interest on all moneys re- 

28881 maining with the United States. 

28882 Article 5. It being the desire of the tribe to pay all lawful 
26883 and just debts against them contracted since they were removed 
28884 to Kansas, it is agreed that such demands as the council of the 
26885 tribe and the agent shall approve, when confirmed by the Secre- 

28886 tary of the Interior, may be received in payment for the lands 

28887 hereinafter provided to be sold, or otherwise such debts shall be 

28888 paid out of the funds of said Ottawas; but in no case shall more 

26889 than $15,000 be allowed and paid for such debts. 

26890 Article 6. The Ottawas deeming this a favorable opportu- 
28891 nity to provide for the education of their posterity, and feeling 

26892 that they are able to do so by the co-operation of the United 

26893 States, now, in pursuance of this desire of the Ottawas, after the 

28894 selections and allotments herein provided have been made, there 

28895 shall be set apart, under the direction of the Secretary of the 

26896 Interior, twenty thousand acres of average lands for the purpose 

26897 of endowing a school for the benefit of said Ottawas ; also, one 

26898 section of land, upon which said school shall be located, which 

26899 section of land shall be inalienable, and upon which, and all the 

26900 appurtenances and property for school purposes thereon, no tax 

26901 shall ever be laid by any authority whatever. 

28902 Five thousand acres of said land may be sold by the trustees 

28903 hereinafter named, the proceeds of which may be devoted to the 

28904 erection of proper buildings and improvements upon said section 

26905 for reception of the pupils ; and the residue of the school-lands 

26906 may in like manner be sold, from time to time, as full prices 
28907 can be obtained for the same. The money received therefor 

76 1 t 



602 



26908 shall be loaned upon good real estate security, to be improved 

26909 farms in the county of the reservation, the same not to be 

26910 a security for more than half the appraised value of the land 

26911 as returned by the county assessor, and no land to be taken 

26912 as security for such loan or loans which shall be encumbered 

26913 in any manner, or the title to which shall have been derived 

26914 from or held by any judicial, administrator, or executor's sale, 

26915 or by the sale of any person acting in a fiduciary capacity. 

26916 The security shall never be avoided on account of any rate of 

26917 interest reserved, and the interest only shall be applied to the 

26918 support of the school, so that the principal sum shall never be 

26919 diminished. 

26920 And to the end that the Ottawas may derive the greatest 

26921 advantage from said school, the pupils shall be instructed and 

26922 practiced in industrial pursuits suitable to their age and sex, as 

26923 well as in such branches of learning as the means of the institu- 

26924 tion and the capacity of the pupils will permit. 

26925 The lands hereby set apart shall not be subject to taxation 

26926 until they are sold. They may be sold upon such credit as the 

26927 trustees may think most for the interest of the enterprise. Se- 

26928 curity for the payment shall be taken with interest, the interest 

26929 to be paid annually, but no title shall be made until the purchase 

26930 money is all paid. 

26931 John T. Jones, James Wind, William Hurr, Joseph King, 

26932 who are Ottawas, and John G. Pratt, and two other citizens of 

26933 Kansas, who shall be elected by the said Ottawa Indians, are, 
26931 by the parties agreed, to be trustees to manage the funds and 

26935 property by this article set apart. They and their successors 

26936 shall have the control and management of the school, and the 

26937 funds arising from the sales of lands set apart therefor, and also 

26938 the reserved section whereon the school is situated. Upon the 

26939 death, resignation, or refusal to act by either of them, the va- 
26910 cancy shall be filled by the survivors, provided that the board of 

26941 trustees shall always have three white citizens members of said 

26942 board. 

26943 A majority of the trustees shall form a quorum to transact 

26944 business, but there shall be two of the white trustees present at 

26945 the transaction of business. All acts of the trustees shall be re 

26946 corded in a book or books to be by them kept for that purpose, 

26947 and the proceedings of each meeting shall be signed by the pres- 

26948 ident, to be by them elected out of their number. They shall 

26949 also elect a treasurer and secretary from their number. All 

26950 contracts of the trustees shall be in the name of their treasurer, 

26951 who shall be competent to sue and be sued in all matters affect- 

26952 ing the trust; he shall give bond conditioned for the faithful 

26953 discharge of his duty, and the proper accounting for all money 



(J03 



26954 or property of the trust coining to his hands, with at least two 

26955 good freehold sureties, in the penalty of ten thousand dollars, to 

26956 he approved by a judge of a court of record in Kansas. 

26957 And the secretary and treasurer may be allowed, from time 

26958 to time, such sum, from the proceeds of the trust, as the trustees 

26959 in their judgment shall think just. Upon a sale of any of the 

26960 lands by the trustees, upon their request, the same shall be con- 

26961 veyed by the United States, by patent, to the purchaser. 

26962 And it is hereby expressly provided and agreed that the 

26963 .children of the Ottawas and their descendants, no matter where 

26964 they may emigrate, shall have the right to enter said school and 

26965 enjoy all the privileges thereof, the same as though they had 
26966* remained upon the lands by this treaty allotted. 

26967 Article 7. There shall be set apart ten acres of land for 

26968 the benefit of the Ottawa Baptist church, and said land shall 

26969 include the church buildings, mission-house, and graveyard, and 

26970 the title to said property shall be vested in a board of five trustees, 

26971 to be appointed by said church, in accordance with the laws of 

26972 the State of Kansas. 

26973 And in respect for the memory of Rev. J. Meeker, deceased, 

26974 who labored with unselfish zeal for nearly twenty years among 

26975 said Ottaw T as, greatly to their spiritual and temporal welfare, it 

26976 is stipulated that 80 acres of good land shall be, and hereby is, 

26977 given, in fee-simple, to each of the two children of said Meeker, 

26978 viz, Emmeline and Eliza ; their lands to be selected and located 

26979 as the other allotments herein provided are to be selected and 

26980 located, which lands shall be inalienable the same as the lands 

26981 allotted to the Ottawas. 

26982 And all the above-mentioned selections of lands shall be made 

26983 by the agent of the tribe, under the direction of the Secretary of 

26984 the Interior. And plats and records of all the selections and loca- 
2.6985 tions shall be made, and, upon their completion and approval, 

26986 proper patents by the United States shall be issued to each in- 

26987 dividual member of the tribe and person entitled for the lands 

26988 selected and allotted to them, in which it shall be stipulated that 

26989 no Indian, except as herein provided, to whom the same may be 

26990 issued, shall alienate or encumber the land allotted to him or her 

26991 in any manner, until they shall, by the terms of this treaty, be- 

26992 come a citizen of the United States ; and any conveyance or en. 

26993 cumbrance of said lands, done or suffered, except as aforesaid, 

26994 by any Ottawa Indian, of the lands allotted to hiin or her, made 

26995 before they shall become a citizen, shall be null and void. 

26996 And forty acres, including the houses and improvements of 

26997 the allottee, shall be inalienable during the natural lifetime of 

26998 the party receiving the title: Provided, That such of said In- 

26999 dians as are not under legal disabilities by the local laws may 



604 



27000 sell to each other such portions of their lands as are subject to 

27001 sale, with the consent of the Secretary of the Interior, at any 

27002 time. 

27003 Article 8. That upon the ratification of this treaty a census 
27001 of all the Ottawas entitled to land or money under the treaty 

27005 shall he taken under the direction of the Secretary of the 

27006 Interior. 

27007 The priucipal to be paid to the minors shall be paid to their 
2700S parents, unless the council of the tribe shall object because of 

27009 the incompetency of the parent, growing out of ignorance, iirofli- 

27010 gaey, or any other good cause ; the council may also object to 

27011 the payment of the money to any such incompetent which may be 

27012 coming to himself or herself; and in all such cases the principal 

27013 sum shall be withheld, and only the annuity paid, until such 

27014 minor comes of age, or the disability is removed by the action of 

27015 the council: Provided further. That the money of minors may, 

27016 in all cases, be paid to guardians appointed by the local laws. 

27017 Article 9. It being the desire of the said Ottawas, in mak 

27018 ing this treaty, to insure, as far as possible, the settlement of 

27019 their reservation by industrious whites, whose example shall be 

27020 of benefit to the tribe at large, it is stipulated that after all the 

27021 above-mentioned locations, assignments, and sales are made, 

27022 the remainder of the land shall be sold to actual settlers at not 

27023 less than $1.25 per acre, in the foliowiDg manner : Any white 
27021 person desiring to obtain any unsold, unlocated tract of the land, 

27025 may file his proposition, in writing, with the agent of the Otta- 

27026 was, for the purchase of the tract, stating the price which he 

27027 proposes to pay for said tract, not less than 81.25 per acre, a 

27028 copy of which proposition, as well as all others herein contem- 

27029 plated, shall be posted for thirty days, dating from the first 

27030 posting at the agency, in some conspicuous place : and if no 

27031 person will propose a better price therefor within thirty days 

27032 next after the first posting, in which further proposition the first 

27033 person may join, he, or such other person as shall have offered 

27034 the best price, shall, upon the payment of one-quarter of the 

27035 price offered, be taken and deemed the purchaser of said tract, 

27036 and shall be entitled to a patent therefor from the United States 

27037 at the end of oue year, if he shall pay the remainder of the price 

27038 offered, have occupied the land, and placed lasting and valuable 
2/039 improvements upon said tract to the extent and value of two 

27040 hundred dollars to each quarter section entered : Provided, That 

27041 if said Ottawas, by their council, shall, at any time before any 

27042 person shall become the purchaser of any tract of laud, file their 

27043 protest in writing against such purchaser, he shall not be per-. 

27044 mitted to enter upon said lands or become the purchaser thereof, 

27045 and white persons not purchasers shall not be permitted to set- 



605 



27046 tie upon said lands, it being tbe duty of the agent to prevent 

27047 such settlement, or their occupancy by the whites who are not 

27048 purchasers, and only to the extent of their purchase : And pro - 

27049 vided, further , That if any purchaser shall fail to pay for the 

27050 land by him purchased under this treaty at the time stipulated, 

27051 it shall be the duty of the agent to dispossess him as an intruder 

27052 upon the lands, and his advances, payments, and all his improve- 

27053 ments shall enure to the benefit of the Ottawas, and the land 

27054 shall be sold for their benefit, as herein provided. But no per- 

27055 son under this article shall be entitled to enter more than 320 

27056 acres. 

27057 And all the lands which are not thus entered with the 

27058 agent within two years from the ratification of this treaty may, 

27059 upon the request of the council, be offered for sale at not less 

27060 than $1.25 per acre, upon a credit of one year, under the direction 

27061 of the Secretary of the Interior ; and if any lands thereafter re- 

27062 main unsold, they may be sold upon such terms as the council of 

27063 said tribe and the Secretary of the Interior shall mutually agree 

27064 upon. And all the moneys derived from the sales of the above- 

27065 described lands shall be paid at the time and place where the 

27066 Secretary of the Interior may direct. 

27067 Article 10. And it is stipulated that the United States 

27068 shall pay to the said Ottawas the claims for stolen ponies, cattle, 

27069 and timber, already reported and approved by the Secretary of 

27070 the Interior, amounting to $13,005 y 9 ^. And also other claims 

27071 for damages within two years, or since the taking of testimony 

27072 for the above-mentioned damages, upon the presentation of suffi- 

27073 cient proof: Provided, Such last-mentioned claims shall not ex- 

27074 ceed $3,500. 

27075 Article 11. It is hereby made the duty of the Indian De- 

27076 partment to appoint an interpreter for said tribe, in the custom- 

27077 ary manner, to be continued during the pleasure of the Secretary 

27078 of the Interior. And it is expressly understood that all expenses 

27079 incurred by the stipulations of this treaty shall be paid out of 

27080 the funds of the aforementioned tribe of Ottawas, and their an- 

27081 nuities shall be paid semi-annually. 

27082 Proclaimed July 28, 1862. 



27083 OTTAWAS AXD CHIPPEWAS. 

27084 Articles of a treaty made and concluded at IJArbre Groche and 

27085 MicliilimacMnac, in the Territory of Michigan, between the 

27086 United States of America, by their commissioner, Leiris Cass. 

27087 and the Ottawa and Chippewa Xations of Indians. 

27088 Article 1. The Ottawa and Chippewa Xations of Indians 

27089 cede to the United States the Saint Martin Islands in Lake 



606 



27090 Huron, containing plaster of Paris, and to be located under the 

27091 direction of the United States. 

27092 Article 2. The Ottawa and Chippewa Nations of Indians 

27093 acknowledge to have this day received a quantity of goods in 

27094 full satisfaction of the above cession. 

27095 Article 3. This treaty shall be obligatory on the contract- 

27096 ing parties after the same shall be ratified by the President of 

27097 the United States, by and with the advice and consent of the 

27098 Senate thereof. 

27099 Proclaimed March 8, 1821. 



27100 Articles of a treaty made and concluded at the city of Washing- 

27101 ton, in the District of Columbia,[between Henry B. Schoolcraft, 

27102 commissioner on the part of the United States, and the Ottawa 

27103 and Chippewa Nations of Indians, by their chiefs and dele* 

27104 gates. 

27105 Article 1. The Ottawa and Chippewa Nations of Indians 

27106 cede to the United States all the tract of country within the 

27107 following boundaries : Beginning at the mouth of Grand River 

27108 of Lake Michigan, on the north bank thereof and following up 

27109 the same to the line called for in the first article of the treaty 

27110 of Chicago of the 29th of August, 1821 ; thence in a direct line 

27111 to the head of Thunder-bay Eiver ; thence with the line estab- 

27112 lished by the treaty of Saganaw of the 21th of September, 1819, 

27113 to the mouth of said river ; thence northeast to the boundary - 

27114 line in Lake Huron between the United States and the British 

27115 rjrovince of Upper Canada ; thence northwestwardly, following 

27116 the said line, as established by the commissioners acting under 

27117 the treaty of Ghent, through the straits, and River St. Mary's, 

27118 to a point in Lake Superior north of the mouth of Gitchy Seebing, 

27119 or Chocolate River ; thence south to the mouth of said river and 

27120 up its channel to the source thereof ; thence in a direct line to 

27121 the head of the SkonaivbaHivev of Green Bay, thence down the 

27122 south bank of said river to its mouth ; thence, in a direct line, 

27123 through the ship-channel into Green Bay to the outer part 

27124 thereof; thence south to a point in Lake Michigau west of the 

27125 north cape, or entrance of Grand River, and thence east to the 

27126 place of beginning, at the cape aforesaid, comprehending all 

27127 the lauds and islands, within these limits, not hereinafter re- 

27128 served. 

27129 Article 2. From the cession aforesaid the tribes reserve 

27130 for their own use, to be held in common, the following tracts, 

27131 namely: One tract of fifty thousand acres to be located on 

27132 Little Traverse Bay ; one tract of twenty thousand acres to be 



607 



27133 located on the north shore of Grand Traverse Bay ; one tract of 

27134 seventy thousand acres to be located on or north of the Pieire 

27135 Marquetta Eiver; one tract of one thousand acres to be located 

27136 by Chingassanoo, or the Big Sail, on the Oheboigan ; one tract 

27137 of one thousand acres to be located by Mujeekewis, on Thunder- 

27138 bay Eiver. 

27139 Article 3. There shall also be reserved for the use of the 

27140 Chippewas living north of the straits of Michilimackinac, the 

27141 followiDg tracts, that is to say : Two tracts of three miles square 

27142 each, on the north shores of the said straits, between Point-au- 

27143 Barbe and Mille Coquin Eiver, including the fishing-grounds in 

27144 front of such reservations, to be located by a council of the 

27145 chiefs. The Beaver Islands of Lake Michigan for the use of the 

27146 Beaver-Island Indians. Bound Island, opposite Michilimackinac, 

27147 as a place of encampment for the Indians, to be under the charge 

27148 of the Indian Department. The islands of the Chenos, with a 

27149 part of the adjacent north coast of Lake Huron, corresponding in 

27150 length, and one mile in depth. Sugar Island, with its islets in 

27151 the river of St. Mary's. Six hundred and forty acres at the 

27152 mission of the Little Eapids. A tract commencing at the mouth 

27153 of the Pississowining Eiver, south of Point Iroquois ; thence 

27154 running up said stream to its forks ; thence westward, in a direct 

27155 line to the Eed Water Lakes ; thence across the portage to the 

27156 Tacquimenou Eiver, and down the same to its mouth, including 

27157 the small islands and fishing-grounds in front of this reservation. 

27158 Six hundred and forty acres on Grand Island, and two thousand 

27159 acres on the main land south of it. Two sections on the northern 

27160 extremity of Green Bay, to be located by a council of the chiefs. 

27161 All the locations left indefinite by this and the preceding articles 

27162 shall be made by the proper chiefs, under the direction of thePres- 

27163 ident. It is understood that the reservation for a place of fish- 

27164 ing and encampment, made under the ^treaty of St. Mary's of 

27165 the 16th of June, 1820, remains unaffected by this treaty. 

27166 Article 4. In consideration of the foregoing cessions the 

27167 United States engage to pay to the Ottawa and Chippewa Na- 

27168 tions the following sums, namely: 1st. An annuity of thirty 

27169 thousand dollars per annum, in specie, for twenty years ; eight- 

27170 een thousand dollars, to be paid to the Indians between Grand 

27171 Eiver and the Cheboigun ; three thousand six hundred dollars 

27172 to the Indians on the Huron shore, between the Cheboigan and 

27173 Thunder-bay Eiver ; and seven thousand four hundred dollars to 

27174 the Chippewas north of the straits, as far as the cession extends ; 

27175 the remaining one thousand dollars to be invested in stock by the 

27176 Treasury Department, and to remain incapable of being sold, 

27177 without the consent of the President and Senate, which may, 

27178 however, be given after the expiration of twenty-one years. 2d. 



608 



27179 Five thousand dollars per annum, for the purposes of education, 

27180 teachers, school-houses, and books in their own language, to be 

27181 continued twenty years, and as long thereafter as Congress may 

27182 appropriate for the object. 3d. Three thousand dollars for mis- 

27183 sions, subject to the conditions mentioned in the second clause 
27181 of this article. 4th. Ten thousand dollars for agricultural im- 

27185 plements, cattle, mechanics' tools, and such other objects as the 

27186 President may deem proper. 5th. Three hundred dollars per 

27187 annum for vaccine matter, medicines, and the services of physi- 

27188 cians, to be continued while the Indians remain on their reserva- 

27189 tions. 6th. Provisions to the amount of two thousand dollars; 

27190 six thousand five hundred pounds of tobacco ; one hundred bar- 

27191 rels of salt, and five hundred fish-barrels, annually, for twenty 

27192 years. 7th. One hundred and fifty thousand dollars, in goods 

27193 and provisions, on the ratification of this treaty, to be delivered 

27194 at Michilimackinac. 

27195 Article 5. The sum of three hundred thousand dollars 

27196 shall be set apart for the payment of just debts against the said 

27197 Indians. All claims for such debts shall be examined by a com - 

27198 missioner to be appointed by the President and Senate, who 

27199 shall act under such instructions as may be given to him, by the 

27200 order of the President, for the purpose of preventing the allow- 

27201 ance of unjust claims. The investigation shall be made at 

27202 Michilimackinac, and no claims shall be allowed, except such as 

27203 were contracted by Indians living within the district of country 
27201 hereby ceded, and to citizens or residents of the United States. 

27205 No claim shall be paid out of this fund unless the claimant will 

27206 receive the sum allowed to him as full payment of all debts due 

27207 to him by the said Indians. If the fund fall short of the full 

27208 amount of just debts, then a ratable division shall be made. If 

27209 it exceed such amount the balance shall be paid over to the Iu- 

27210 clians in the same manner that annuities are required by law to 

27211 be paid. 

27212 Article 6. The said Indians being desirous of making pro- 

27213 visions for their half-breed relatives, and the President having 

27214 determined that individual reservations shall not be granted, it 

27215 is agreed that in lieu thereof the sum of one hundred and fifty 

27216 thousand dollars shall be set apart as a fund for said half-breeds. 

27217 ~No person shall be entitled to any part of said fund, unless he is 

27218 of Indian descent and actually resident within the boundaries 

27219 described in the first article of this treaty, nor shall anything be 

27220 allowed to any such j)erson who may have received any allow- 

27221 ance at any previous Indian treaty. The following principles 

27222 shall regulate the distribution. A census shall be taken of all 

27223 the men, women, and children coming within this article. As 

27224 the Indians hold in higher consideration some of their half- 



609 

27225 breeds than others, and as there is much difference in their ca- 

27226 pacity to use and take care of property, and, consequently, in 

27227 their power to aid their Indian connexions, which furnishes a 

27228 strong ground for this claim, it is, therefore, agreed, that at the 
27220 council to be held upon this subject the commissioner shall call 

27230 upon the Indian chiefs to designate, if they require it, three 

27231 classes of these claimants, the first of which shall receive one- 

27232 half more than the second, and the second double the third. 

27233 Each man, woman, and child shall be enumerated, and an equal 

27234 share, in the respective classes, shall be allowed to each. If the 

27235 father is living with the family, he shall receive the shares of 

27236 himself, his wife, and children. If thefather is dead, or separated 

27237 from the family, and the mother is living with the family, she 

27238 shall have her own share, and that of the children. If the father 

27239 and mother are neither living with the family, or if the children 

27240 are orphans, their share shall be retained till they are twenty - 

27241 one years of age; provided, that such portions of it as may be 

27242 necessary may, under the direction of the President, be from 

27243 time to time applied for their support. All other persons at the 

27244 age of twenty-one years shall receive their shares agreeably to 

27245 the proper class. Out of the said fund of one hundred and fifty 

27246 thousand dollars, the sum of five thousand dollars shall be re- 

27247 served to be applied, under the direction of the President, to the 

27248 support of such of the poor half-breeds as may require assist- 

27249 ance, to be expended in annual instalments for the term of ten 

27250 years, commencing with the second year. Such of the half-breeds 

27251 as may be judged incapable of making a proper use of the money 

27252 allowed them by the commissioner, shall receive the same in in- 

27253 stalments, as the President may direct. 

27254 Article 7. In consideration of the cessions above made, 

27255 and as a further earnest of the disposition felt to do full justice 

27256 to the Indians, and to further their well-being, the United States 

27257 engage to keep two additional blacksmith -shops, one of which 

27258 shall be located on the reservation north of Grand River, and 

27259 the other at the Sault Ste. Marie. A permanent interpreter will 

27260 be provided at each of these locations. It is stipulated to 

27261 renew the present dilapidated shop at Michilimackinac, and to 

27262 maintain a gunsmith, in addition to the present smith's estab- 

27263 lishment, and to build a dormitory for the Indians visiting the 

27264 post, and appoint a person to keep it, and supply it with fire- 

27265 wood. It is also agreed to support two farmers and assistants, 

27266 and two mechanics, as the President may designate, to teach 

27267 and aid the Indians in agriculture and the mechanic arts. The 

27268 farmers and mechanics, and the dormitory, will be continued for 

27269 ten years, and as long thereafter as the President may deem 

27270 this arrangement useful and necessary ; but the benefits of the 



610 



27271 other stipulations of this article shall he continued beyond the 

27272 expiration of the annuities, and it is understood that the whole 

27273 of this article shall stand in force, and inure to the benefit of the 

27274 Indians, as long after the expiration of the twenty years as Con-. 

27275 gress may appropriate for the objects. 

27276 Article 8. It is agreed that, as soon as the said Indians 

27277 desire it, a deputation shall be sent to the west of the Missis- 

27278 sippi, and to the country between Lake Superior and the Mis- 

27279 sissippi, and a suitable location shall be provided for them, 

27280 among the Ghippewas, if they desire it, and it can be purchased 

27281 upon reasonable terms, and if not, then in some portion of the 

27282 country west of the Mississippi which is at the disposal of the 

27283 United States. Such improvements as add value to the land 

27284 hereby ceded shall be appraised, and the amount paid to the 

27285 proper Indian. But such payment shall in no case be assigned 

27286 to, or paid to, a white man. If the church on the Cheboigan 

27287 should fall within this cession, the value shall be paid to the band 

27288 owning it. The mission establishment upon the Grand Eiver 

27289 shall be appraised and the value paid to the proper boards. 

27290 When the Indians wish it, the United States will remove them, 

27291 at their expence, provide them a year's subsistence in the coun- 

27292 try to which they go, and furnish the same articles and equip- 

27293 ments to each person as are stipulated to be given to the Potto- 

27294 watomies in the final treaty of cession concluded at Chicago. 

27295 Article 9. AYhereas the Ottawas and Ghippewas, feeling 

27296 a strong consideration for aid rendered by certain of their half- 

27297 breeds on Grand River, and other parts of the country ceded, 

27298 and wishing to testify their gratitude on the present occasion, 

27299 have assigned such individuals certain locations of land, and 

27300 united in a strong appeal for the allowance of the same in this 

27301 treaty ; and whereas no such reservations can be permitted in 

27302 carrying out the special directions of the President on this sub- 

27303 ject, it is agreed that, in addition to the general fund set apart 

27304 for half-breed claims, in the sixth article, the sum of forty-eight 

27305 thousand one hundred and forty-eight dollars shall be paid for 

27306 the extinguishment of this class of claims, to be divided in the 

27307 following manner : To Rix Robinson, in lieu of a section of land, 

27308 granted to his Indian family, on the Grand River rapids, (esti- 

27309 mated by good judges to be worth half a million,) at the rate of 

27310 thirty-six dollars an acre; to Leonard Slater, in trust for Chiin- 

27311 inonoquat, for a section of land above said rapids, at the rate of 

27312 ten dollars an acre; to John A. Drew, for a tract of one section 

27313 and three quarters, to his Indian family, at Cheboigan rapids, 

27314 at the rate of four dollars; to Edward Biddle, for one section to 

27315 his Indian family at the fishing-grounds, at the rate of three 

27316 dollars ; to John Holiday, for five sections of land to five per- 



611 

27317 sons of Lis Indian family, at the rate of one dollar and twenty - 

27318 five cents; to Eliza Cook, Sophia Biddle, and Mary Holiday, 

27319 one section of land each, at two dollars and fifty cents; to 

27320 Augostin Hainelin, jnnr., being of Indian descent, two sec- 

27321 tions, at one dollar and twenty-live cents; to William Lasley, 

27322 Joseph Daily, Joseph Trotier, Henry A. Levake, for two sections 

27323 each for their Indian families, at one dollar and twenty-five 

27324 cents; to Luther Eice, Joseph Lafrombois, Charles Butterfield, 

27325 being of Indian descent, and to George Moran, Louis Moran, 

27326 G. D. Williams, for half-breed children under their care, and to 

27327 Daniel Marsac, for his Indian child, one section each, at one 

27328 dollar and twenty-five cents. 

27329 Article 10. The sum of thirty thousand dollars shall be 

27330 paid to the chiefs, on the ratification of this treaty, to be divided 

27331 agreeably to a schedule hereunto annexed. 

27332 Article 11. The Ottaways having consideration for one of 

27333 their aged chiefs, who is reduced to poverty, and it being known 

27334 that he was a firm friend of the American Government, in that 

27335 quarter, during the late war, and suffered much in consequence 
27333 of his sentiments, it is agreed that an annuity of one hundred 

27337 dollars per annum shall be paid to Ningweegon, or the Wing, 

27338 during his natural life, in money or goods, as he may choose. 

27339 Another of the chiefs of said nation, who attended the treaty of 

27340 Greenville in 1793, and is now, at a very advanced age, reduced 

27341 to extreme want,. together with his wife, and the Government 

27342 being apprized that he has pleaded a promise of Gen. Wayne 

27343 in his behalf, it is agreed that Chusco of Michilimackinac shall 

27344 receive an annuity of fifty dollars per annum during his natural 

27345 life. 

27346 Article 12. All expenses attending the journies of the 

27347 Indians from and to their homes, and their visit at the seat of 

27348 Government, together with the expenses of the treaty, including 

27349 a proper quantity of clothing to be given them, will be paid by 

27350 the United States. 

27351 Article 13. The Indians stipulate for the right of hunting 

27352 on the lands ceded, with the other usual privileges of occupancy, 

27353 until the land is required for settlement. 

27354 Proclaimed May 27, 1836. 

27355 Schedule referred to in the tenth article. 

27356 1. The following chiefs constitute the first class, and are 

27357 entitled to receive five hundred dollars each, namely : On Grand 

27358 Elver, Muccutay Osha, Kama tippy, Nawequa Geezhig or Noon 

27359 Day, JSabun Egeezhig, son of Kewayguabowequa, Wabi Wind- 

27360 ego or the White Giant, Cawpemossay or the Walker, Mukufay 

27361 Oquot or Black Cloud, Megis Ininee or Wampum-man, Wiuni- 



612 



27362 missagee; on the Maskigo, Osawya, and Owun Aischcuin ; at 

27363 L'Arbre Croche, Apawkozigun, or Smoking Weed, Nisowakeout, 

27364 Keminecliawgun • at Grand Travers, Aishquagonabee, or the 

27365 Feather of Honor, Chabwossun, Mikenok ; on the Cheboigan, 

27366 Chingassamo, or the Big Sail; at Thunder Bay, Mnjeekiwiss ; 

27367 on the Manistic North, Mukons Ewyan ; at Oak Point on the 

27368 straits, Ains; at the Chenos, Chabowaywa; at Sault Ste. Marie, 

27369 lawba Wadick and Kewayzi Shawano ; at Tacquiinenon, Kaw- 

27370 gayosh; at Grand Island, Oshawun Epenaysee, or the South 

27371 Bird. 

27372 2. The following chiefs constitute the second class, and are 

27373 entitled to receive two hundred dollars each, namely : On Grand 

27374 River, Keeshaowash, Nugogikaybec, Kewaytowaby, Wapoos or 

27375 the Babbit, Wabitouguaysay, Kewatondo, Zhaquinaw, Nawiqua 

27376 Geezhig of Flat River, Kenaytinunk, Weenonga, Pabawboco, 

27377 Windecowiss, Muccutay Penay or Black Patridge, Kaynotin 

27378 Aishcum, Boynashing, Shagwabeno, son of White Giant, Tush- 

27379 etowun, Keway Gooshcum, the former head chief, Pamossayga; 

27380 at L'Arbre Croche, Sagitondowa, Ogiinan Wininee, Megisawba, 

27381 Mukuday Benais; at the Cross, Mshcajininee, Nawamushcota, 

27382 Pabamitabi, Kimmewun, Gitchy Mocoman ; at Grand Traverse, 

27383 Akosa, Nebauquaum, Kabibonocca; at Little Traverse, Misco- 

27384 mamaingwa or Red Butterfly, Keezhigo Benais, Pamanikinong, 

27385 Paioiossega; on the Cheboigan, Chonees, or Little John, Shaw- 

27386 eenossegay ; on Thunder Bay, Suganikwato ; on Maskigo, Was- 

27387 sangazo; on Ossigomico or Platte River, Kaigwaidosay ; at 

27388 Manistee, Keway Gooshcum ; on river Pierre Markette, Saugima ; 

27389 at Saulte Ste. Marie, Neegaubayun, Mukuday wacquot, Cheegud ; 

27390 at Carp River west of Grand Island, Kaug Wyanais ; at Mille 

27391 Cocquin on the straits, Aubunway : at Michilimackinac, Missu- 

27392 tigo, Saganosk, Akkukogeesk, Chebyawboas. 

27393 3. The following persons constitute the third class, and are 

27394 entitled to one hundred dollars each, namely ; Kayshewa, Pen- 

27395 asee or Gun Lake, Kenisoway, Keenabie of Grand River ; Wasso, 

27396 Mosaniko, Unwatin Oaskcuin, iNayogirna, Itawachkochi, Nanaw 

27397 Ogomoo, Gitchy, Peendowan or Scabbard, Mukons, Kincchiinaig, 

27398 Tekamosimo, Pewaywituin, Mudji Keguabi, Kewayaum, Paush- 

27399 kizigun or Big Gun, Onaausino, Ashquabay wiss, Negaunigabowi, 

27400 Petossegay, of L'Arbre Croche ; Poiees or Dwarf and Pamossay 

27401 of Cheboigan ; Gitchy Ganocquot and Pamossegay of Thunder 

27402 Bay ; Tabusshy Geeshick and Mikenok, of Carp River south of 

27403 Grand Traverse 5 Wapooso, Kaubinau, and Mudjeekee of river 

27404 Pierre Markuette; Pubokway, Manitowaba, and Mishewatig, of 

27405 White River • Shawun Epenaysee and Agausgee of Grand Trav- 

27406 erse; Micqumisut, Chusco of Mackinac 5 Keeskkidjiwun, Waub 

27407 Ojeeg, Aukudo, Winikis, Jaubeens, Maidosagee, Autya, Ishqua- 



613 



27408 guuaby, Shaniwaygwunabi, son of Kakakee, Nittuin Egabowi, 

27409 Magisanikway, Ketekewegauboway, of Sault Ste. Marie; Che- 

27410 gauzehe and Waubudo of Grand Island; Ashegons, Kinuwais, 

27411 Misquaonaby and Mongonsof Carp and Chocolate Rivers ; Gitchy 

27412 Penaisson of Grosse Tete, and Waubissaig of Bay de Nocquet : 

27413 Kainwaybekis and Pazhikwaywituin of Beaver Islands ; Ncc/- 

27414 hick Epenais of the Ance ; Ahdaniina of Manistic; Mukwyon, 

27415 Wakzahkoon, Oshawnn, Oneshannocqut of the north shore of 

27416 Lake Michigan ; Xagauniby and Keway Gooshkiun of the 

27417 Chenos. 

27418 HENRY R. SCHOOLCRAFT, 

27419 Commissioner. 

27420 Supplemented article. 

27421 To guard against misconstruction in some of the foregoing 

27422 provisions, and to secure, by farther limitations, the just rights 

27423 of the Indians, it is hereby agreed that no claims under the 

27424 fifth article shall be allowed for any debts contracted previous 

27425 to the late war with Great Britain, or for goods supplied by for- 

27426 eigners to said Indians, or by citizens, who did not withdraw 

27427 from the country during its temporary occupancy by foreign 

27428 troops, for any trade carried on by such persons during the said 

27429 period. And it is also agreed that no person receiving any 

27430 commutation for a reservation, or any portion of the fund pro- 

27431 vided by the sixth article of this treaty, shall be entitled to the 

27432 benefit of any part of the annuities herein stipulated. Nor shall 

27433 any of the half-breeds, or blood relatives of the said tribes coni- 

27434 muted with, under the provisions of the ninth article, have any 

27435 further claim on the general commutation fund set apart to sat- 

27436 isfy reservation claims, in the said sixth article. It is also un- 

27437 derstood that the personal annuities stipulated in the eleventh 

27438 article shall be paid in specie, in the same manner that other 

27439 annuities are paid. Any excess of the funds set apart in the 

27440 fifth and sixth articles shall, in lieu of being paid to the Indians, 

27441 be retained and invested by the Government in stock under the 

27442 conditions mentioned in the fourth article of this treaty. 

27443 Franklin Pierce, President of the United States of America, 

27444 to all persons to whom these presents shall come, greeting: 

27445 Whereas a treaty was made and concluded at the city of 

27446 Detroit, in the State of Michigan, on the thirty-first day of July, 

27447 eighteen hundred and fifty-five, between George W. Manypenny 
2744S and Henry C. Gilbert, commissioners on the part of the United 

27449 States, and the Ottowa and Chippewa Indians of Michigan, 

27450 parties to the treaty of March twenty-eighth, eighteen hundred 

27451 and thirty-six, which treaty is in the words and figures folio w- 
27452 



614 



27453 Articles of agreement and convention made and concluded at 

27454 the city of Detroit, in the State of Michigan, this the thirty - 

27455 first day of July, one thousand eight hundred and fifty-five, 

27456 between George W. Manypenny and Henry C. Gilbert, 

27457 commissioners on the part of the United States, and the 

27458 Ottowa and Chippewa Indians of Michigan, parties to the 

27459 treaty of March 28, 1836. 

27460 In view of the existing condition of the Ottowas and Chip- 

27461 pewas, and of their legal and equitable claims against the 

27462 United States, it is agreed between the contracting parties as 

27463 follows: 

27464 Article 1. The United States will withdraw from sale for 

27465 the benefit of said Indians as hereinafter provided, all the un- 

27466 sold public lands within the State of Michigan embraced in the 

27467 following descriptions, to wit: 

27468 First. For the use of the six bands residing at and near 

27469 Sault Ste. Marie, sections 13, 14, 23, 24, 25, 26, 27, and 28, in 

27470 township 47 north, range 5 west; sections 18, 19, and 30, in 

27471 township 47 north, range 4 west, ; sections 11, 12, 13, 14, 15, 22, 

27472 23, 25, and 26, in township 47 north, range 3 west, and section 

27473 29 in township 47 north, range 2 west; sections 2, 3, 4, 11, 14, 

27474 and 15 in township 47 north, range 2 east ; and section 34 in 

27475 township 48 north, range 2 east ; sections 6, 7, 18, 19, 20, 28, 29, 

27476 and 33 in township 45 north, range 2 east; sections 1, 12, and 

27477 13, in township 45 north, range 1 east, and section 4 in township 

27478 44 north, range 2 east. 

27479 Second. For the use of the bands who wish to reside east of 

27480 the Straits of Macinac, townships 42 north, ranges 1 and 2 west ; 

27481 township 43 north, range 1 west, and township 44 north, range 

27482 12 west, 

27483 Third. For the Beaver Island Band, High Island, and Gar- 

27484 den Island, in Lake Michigan, being fractional townships 38 and 

27485 39 north, range 11 west, 40 north, range 10 west, and in part 39 

27486 north, range 9 and 10 west. 

27487 Fourth. For the Cross Village, Middle Tillage, L'Arbrech- 

27488 roche and Bear Creek bands, and of such Bay du Noc and Bea- 

27489 ver Island Indians as may prefer to live with them, townships 

27490 34 to 39, inclusive, north, range 5 west, townships 34 to 38, inclu- 

27491 sive, north, range 6 west, townships 34, 36, and 37 north, range 

27492 7 west, and all that part of township 34 north, range 8 west, 

27493 lying north of Pine River. 

27494 Fifth. For the bands who usually assemble for payment at 

27495 Grand Traverse, townships 29, 30, and 31 north, range 11 west, 

27496 and townships 29, 30, and 31 north, range 12 west, and the east 

27497 half of township 29 north, range 9 west. 

27498 Sixth. For the Grand River bands, township 12 north 



615 



27499 range 15 west, and townships 15, 16, 17 and 18 north, range 16 

27500 west, 

27501 Seventh. For the Cheboygan band, townships 35 and 36 

27502 north, range 3 west. 

27503 Eighth. For the Thunder Bay band, section 25 and 36 in 

27504 township 30 north, range 7 east, and section 22 in township 30 

27505 north, range 8 east. 

27506 Should either of the bands residing near Sault Ste. Marie 

27507 determine to locate near the lands owned by the missionary 
27608 society of the Methodist Episcopal Church at Iroquois Point, in 

27509 addition to those who now reside there, it is agreed that the 

27510 United States will purchase as much of said lands for the use of 

27511 the Indians as the society may be willing to sell at the usual 

27512 Government price. 

27513 The United States will give to each Ottowa and Chippewa 

27514 Indian, being the head of a family, 80 acres of land, and to each 

27515 single person over twenty-one years of age, 40 acres of land, and 

27516 to each family of orphan children under twenty-one years of age 

27517 containing two or more persons, 80 acres of land, and to each 

27518 single orphan child under twenty-one years of age, 40 acres of 

27519 land, to be selected and located within the several tracts of laud 

27520 hereinbefore described, under the following rules and regu- 

27521 lations : 

27522 Each Indian entitled to land under this article may make 

27523 his own selection of any land within the tract reserved herein for 

27524 ' the band to which he may belong: Provided, That in case of 

27525 two or more Indians claiming the same lot or tract of land, the 

27526 matter shall be referred to the Indian agent, who shall examine 

27527 the case and decide between the parties. 

27528 For the purpose of determining who may be entitled to land 

27529 under the provisions of this article, lists shall be prepared by 

27530 the Indian agent, which lists shall contain the names of all 

27531 persons entitled, designating them in four classes. Class 1st, 

27532 shall contain the names of heads of families; class 2d, the 

27533 names of single persons over twenty-one years of age; class 3d, 

27534 the names of orphan children under twenty one years of age, 

27535 comprising families of two or more persons, and class 4th, the 

27536 names of single orphan children under twenty-one years of age, 

27537 and no person shall be entered in more than one class. Such 

27538 lists shall be made and closed by the first clay of July, 1856, and 

27539 thereafter no applications for the benefits of this article will be 

27540 allowed. 

27541 At any time within five years after the completion of the 

27542 lists, selections of lands may be made by the persons entitled 

27543 thereto, and a notice thereof, with a description of the land 

27544 selected, filed in the office of the Indian agent in Detroit, to be 



616 



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by him transmitted to the Office of Indian Affairs at Washing* 
ton City. 

All sections of land under this article must be made accord- 
ing- to the usual legal subdivisions: and fractional lots, if con- 
taining less than GO acres, may be regarded as forty-acre lots, 
if over sixty and less than one hundred and twenty acres, as 
eighty-acre lots. Selections for orphan children may be made 
by themselves or their friends, subject to the approval of the 
agent. 

After selections are made, as herein provided, the persons 
entitled to the land may take immediate possession thereof, and 
the United States will thenceforth, and until the issuing of pat- 
ents as hereinafter provided, hold the same in trust for such per- 
sons, and certificates shall be issued, in a suitable form, guaran- 
teeing and securing to the holders their possession and an ulti- 
mate title to the land. But such certificates shall not be assign- 
able, and shall contain a clause expressly prohibiting the sale or 
transfer by the holder of the land described therein. 

After the expiration of ten years, such restriction on the 
power of sale shall be withdrawn, and a patent shall be issued 
in the usual form to each original holder of a certificate for the 
land described therein: Provided. That such restriction shall 
cease only upon the actual issuing of the patent: And provided 
further. That the President may, in his discretion, at any time, 
in individual cases, on the recommendation of the Indian agent, 
when it shall appear prudent and for the welfare of any Holder 
of a certificate, direct a patent to be issued: And provided, also, 
That after the expiration of ten years, if individual cases shall 
be reported to the President by the Indian agent of persons who 
may then be incapable of managing their own affairs, from any 
reason whatever, he may direct the patents in such cases to be 
withheld, and the restrictions provided by the certificate con- 
tinned so long as he may deem necessary and proper. 

Should any of the heads of families die before the issuing 
of the certificates or patents herein provided for. the same shall 
issue to the heirs of such deceased persons. 

The benefits of this article will be extended only to those 
Indians who are at this time actual residents of the State of 
Michigan, and entitled to participate in the annuities provided 
by the treaty of March 28, 1836, (next preceding:) but this pro- 
vision shall not be construed to exclude any Indian now belong- 
ing to the Garden River band of Sault Ste. Marie. 

All the laud embraced within the tracts hereinbefore de- 
scribed that shall not have been appropriated or selected within 
five years shall remain the property of the United States, and 
the same shall thereafter, for the farther term of five vears.be 



617 



27591 subject to entry in the usual manner, and at the same rate per 

27592 acre, as other adjacent public lands are then held, by Indians 

27593 only; and all lands so purchased by Indians shall be sold with- 

27594 out restriction, and certificates and patents shall be issued for 

27595 the same in the usual form as in ordinary oases: and all lauds 

27596 remaining unappropriated by or unsold to the Indians after the 

27597 expiration of the last-mentioned term may be sold or disposed 

27598 of by the United States, as in the case of all other public lands. 

27599 Nothing contained herein shall be so construed as to prevent 

27600 the appropriation, by sale, gift, or otherwise, by the United 

27601 States, of any tract or tracts of land within the aforesaid reser- 

27602 \ ations for the location of churches, school-houses, or for other 

27603 educational purposes, and for such purposes purchases of land 

27604 may likewise be made from the Indians, the consent of the Presi- 

27605 dent of the United States having in every instance first been 

27606 obtained therefor. 

27607 It is also agreed that any lands within the aforesaid tracts 

27608 now occupied by actual settlers, or by persons entitled to pre- 

27609 emption thereon, shall be exempt from the provisions of this 

27610 article; provided, that such pre-emption claims shall be proved. 

27611 as prescribed by law, before the 1st day of October next. 

27612 Any Indian who may have heretofore purchased land for 

27613 actual settlement, under the act of Congress known as the Grad- 

27614 nation Act, may sell and dispose of the same: and, in such case, 

27615 no actual occupancy or residence by such Indians on lands so 

27616 purchased shall be necessary to enable him to secure a title 

27617 thereto. 

27618 In consideration of the benefits derived to the Indians on 

27619 Grand Traverse Bay by the school and mission established in 

27620 1838. and still continued by the Board of Foreign Missions of the 

27621 Presbyterian Church, it is agreed that the title to three separate 

27622 pieces of land, being parts of tracts Xos. 3 and 4, of the west 

27623 fractional half of section 35, township 30 north, range 10 west, 

27624 on which are the mission and school buildings and improvements. 

27625 not exceeding in all sixty-three acres one hundred and twenty- 

27626 four perches, shall be vested in the said board on payment of 

27627 81.25 per acre; and the President of the United States shall 

27628 issue a patent for the same to such person as the said board shall 

27629 appoint. 

27630 The United States will also pay the further sum of forty 

27631 thousand dollars, or so much thereof as may be necessary, to be 

27632 applied in liquidation of the present just indebtedness of the 

27633 said Ottawa and Chippewa Indians; provided, that all # claims 

27634 presented shall be investigated under* the direction of the Secre- 

27635 tary of the Interior, who shall prescribe such rules and regulations 

27636 for conducting such investigation, and for testing the validity 

78 i T 



618 



27637 and justness of the claims, as he shall deem suitable and proper ; 

27638 and no claim shall be paid except upon the certificate of the said 

27639 Secretary that, in his opinion, the same is justly and equitably 

27640 due; and all claimants, who shall not present their claims within 

27641 such time as may be limited by said Secretary within six months 

27642 from the ratification of the treaty, or whose claims, having been 

27643 presented, shall be disallowed by him, shall be forever precluded 

27644 from collecting the same, or maintaining an action thereon in 

27645 any court whatever; and provided, also, that no portion of the 

27646 money due said Indians for annuities, as herein provided, shall 

27647 ever be appropriated to pay their debts under any pretence 

27648 whatever; provided, that the balance of the amount herein 

27649 allowed, as a just increase of the amount due for the cessions 

27650 and relinquishments aforesaid, after satisfaction of the awards 

27651 of the Secretary of the Interior, shall be paid to the said Chip- 

27652 pewas, or expended for their benefit, in such manner as the Sec- 

27653 retary shall prescribe, in aid of any of the objects specified in 

27654 the second article of this treaty. 

27655 Article 2. The United States will also pay to the said 

27656 Indians the sum of five hundred and thirty-eight thousand and 

27657 four hundred dollars, in manner following, to wit : 

27658 First. Eighty thousand dollars for educational purposes, to 

27659 be paid in ten equal annual instalments of eight thousand dol- 

27660 lars each, which sum shall be expended under the direction of 

27661 the President of the United States ; and in the expenditure of 

27662 the same, and the appointment of teachers and management of 

27663 schools, the Indians shall be consulted, and their views and 

27664 wishes adopted so far as they may be just and reasonable. 

27665 Second. Seventy -five thousand dollars to be paid in five 

27666 equal annual instalments of fifteen thousand dollars each in ag- 

27667 ricultural implements and carpenters' tools, household furniture, 

27668 and building materials, cattle, labor, and all such articles as may 

27669 be necessary and useful for them in removing to the homes 

27670 herein provided and getting permanently settled thereon. 

27671 Third. Forty-two thousand and four hundred dollars for the 

27672 support of four blacksmith-shops for ten years. 

27673 Fourth. The sum of three hundred and six thousand dol- 

27674 lars in coin, as follows : ten thousand dollars of the principal, 

27675 and the interest on the whole of said last-mentioned sum remain- 

27676 ing unpaid at the rate of five per cent, annually for ten years, 

27677 to be distributed per capita in the usual manner for paying an- 

27678 nuities. And the sum of two hundred and six thousand dollars 

27679 ^remaining unpaid at the expiration of ten years shall be then 

27680 due and payable, and if the Indians then require the payment 

27681 of said sum in coin the same shall be distributed per capita in 



611) 



27682 the same manner as annuities are paid, and in not less than four 

27683 equal annual instalments. s 

27684 Fifth. The sum of thirty-five thousand dollars in ten annual 

27685 instalments of three thousand and five hundred dollars each, to 

27686 be paid only to the Grand Eiver Ottawas, which is in lieu of all 

27687 permanent annuities to which they may be entitled by former 

27688 treaty stipulations, and which sum shall be distributed in the 

27689 usual manner per capita. 

27690 Article 3. The Ottawa and Chippewa Indians hereby re- 

27691 lease and discharge the United States from all liability on ac- 

27692 count of former treaty stipulations, it being distinctly un der- 

27693 stood and agreed that the grants and payments hereinbefore 

27694 provided for are in lien and satisfaction of all claims, legal and 

27695 equitable, on the part of said Indians jointly and severally against 

27696 the United States, for land, money, or other thing guaranteed 

27697 to said tribes or either of them by the stipulations of any for- 

27698 mer treaty or treaties ; excepting, however, the right of fishing 

27699 and encampment secured to the Chippewas of Sault Ste. Marie 

27700 by the treaty of June 16, 1820, (proclaimed March 2, 1821 ; 

27701 see pp. 143-144.) 

27702 Article 4. The interpreters at Sault Ste. Marie, Mackinac, 

27703 and for the Grand River Indians shall be continued, and an 

27704 other provided at Grand Traverse, for the term of five years 

27705 and as much longer as the President may deem necessary. 

27706 Article 5. The tribal organization of said Ottawa and 

27707 Chippewa Indians, except so far as may be necessary for the 

27708 purpose of carrying into effect the provisions of this agreement, 

27709 is hereby dissolved ; and if at any time hereafter further negp- 

27710 tiations with the United States in reference to any matters con- 

27711 tained herein should become necessary, no general convention 

27712 of the Indians shall be called ; but such as reside in the vicinity 

27713 of any usual place of payment, or those only who are iinmedi 

27714 ately interested in the questions involved, may arrange all mat 

27715 ters between themselves and the United States without the con- 

27716 currence of other portions of their people, and as fully and con. 

27717 clusively, and with the same effect in every respect, as if all were 

27718 represented. 

27719 Article 6. This agreement shall be obligatory and binding 

27720 on the contracting parties as soon as the same shall be ratified 

27721 by the President and Senate of the United States. 

27722 Proclaimed September 10, 1856. 



620 



27723 ONEIDAS, TUSCABOBAS, AND STOOKBBIDGES. 

27724 A treaty between the United States and tlie Oneida, Tuscorora, and 

27725 Stoclcbridge Indians, dwelling in the country of the Oneidas. 

27726 Whereas in the late war between Great Britain and the 

27727 United States of America, a body of the Oneida and Tuscorora 

27728 and the Stockbridge Indians adhered faithfully to the United 

27729 States and assisted them with their warriors; and in conse- 

27730 quence of this adherence aud assistance the Oneidas and Tus- 

27731 cororas, at an unfortunate period of the war, were driven from 

27732 their homes, and their houses were burnt and their property de- 

27733 stroyed ; and as the United States, in the time of their distress, 

27734 acknowledged their obligations to these faithful friends, and 

27735 promised to reward them ; and the United States being now in 

27736 a condition to fulfill the promises then made, the following ar- 

27737 tides are stipulated by the respective parties for that purpose : 

27738 to be in force when ratified by the President and Senate. 

27739 Article 1. The United States will pay the sum of five 

27740 thousand dollars, to be distributed among individuals of the 

27741 Oneida and Tuscorora Nations, as a compensation for their in 

27742 dividual losses and services during the late war between Great 

27743 Britain and the United States. The only man of the Kaughna- 

27744 waugas now remaining in the Oneida country, as well as some 

27745 few very meritorious persons of the Stockbridge Indians, will 

27746 be considered in the distribution. 

27747 Article 2. For the general accommodation of these Indian 

27748 nations residing in the country of the Oneidas, the United States 

27749 will cause to be erected a complete grist-mill and saw-mill, in a 

27750 situation to serve the present principal settlements of these na- 

27751 tions. Or if such one convenient situation cannot be found, 

27752 then the United States will cause to be erected two such grist- 

27753 mills and saw-mills in places where it is now known the pro- 

27754 posed accommodation may be effected. Of this the United 

27755 States will judge. 

27756 Article 3. The United States will provide, during three 

27757 years after the mills shall be completed, for the expense of em- 

27758 ploying one or two suitable persons to manage the mills, to keep 

27759 them in repair, to instruct some young men of the three nations 

27760 in the arts of the miller and sawyer, and to provide teams and 

27761 utensils for carrying on the work of the mills. 

27762 Article 4. The United States will pay one thousand dol- 

27763 lars, to be applied in building a convenient church at Oneida, 

27764 in the place of the one which was there burnt by the enemy in 

27765 the late war. 

27766 Article 5. In consideration of the above stipulations to 



621 

27767 be performed on the part of the United States, the Oneida, Tus- 

27768 corora, and Stockbridge Indians aforementioned now acknowl- 

27769 edge themselves satisfied, and relinquish all other claims of com- 

27770 pensation and rewards for their losses and services in the late 

27771 war, excepting only the unsatisfied claims of such men of the 

27772 said nations as bore commissions under the United States for 

27773 any arrears which may be due to them as officers. 

27774 Proclaimed January 21, 1795. 



27775 ONEIDAS— FIRST CHRISTIAN AND ORCHARD PAR- 

27776 TIES. 

27777 Articles of a treaty made at the city of Washington between Carey 

27778 A. Harris, thereto specially directed by the President of the 

27779 United States, and the First Christian and Orchard parties of 

27780 the Oneida Indians residing at Green Bay, by their chiefs and 

27781 representatives. 

27782 Article 1. The First Christian and Orchard parties of In- 

27783 dians cede to the United States all their title and interest in the 

27784 land set apart for them in the 1st article of the treaty with the 

27785 Menomonies of February 8th, 1831, (proclaimed July 9, 1832 ; 

27786 see page 469,) and the 2d article of the treaty with the same 

27787 tribe of October 27th, 1832, (proclaimed March 13, 1833; see 

27788 page 479.) 

27789 Article 2. From the foregoing cession there shall be re- 

27790 served to the said Indians, to be held as other Indian lands are 

27791 held, a tract of land containing one hundred (100) acres, for each 

27792 individual, and the lines of which shall be so run as to include 

27793 all their settlements and improvements in the vicinity of Green 

27794 Bay. 

27795 Article 3. In consideration of the cession contained in the 

27796 1st article of this treaty, the United States agree to pay to the 

27797 Orchard party of the Oneida Indians three thousand (3,000) dol- 

27798 lars, and to the First Christian party of Oneida Indians thirty 

27799 thousand five hundred (30,500) dollars, of which last sum three 

27800 thousand (3,000) dollars may be expended under the supervision 

27801 of the Rev. Solomon Davis, in the erection of a church and par- 

27802 sonage house, and the residue apportioned, under the direction 

27803 of the President, among the persons having just claims thereto : 

27804 it being understood that said aggregate sum of thirty-three 

27805 thousand five hundred (33,500) dollars is designed to be in re-im- 

27806 bursement of monies expended by said Indians and in remunera- 

27807 tion of the services of their chiefs and agents in purchasing and 

27808 securing a title to the land ceded in the 1st article. The United 



622 



27809 States further agree to cause the tracts reserved in the 2d article 

27810 to be surveyed as soon as practicable. 

27811 Article 4. Iu consideration of the sum of five hundred 

27812 (500) dollars to be paid to him by the chiefs and representatives 

27813 of the said parties of Oneida Indians, John Denny, (alias John 

27814 Sundown,) their interpreter, agrees to relinquish to them all his 

27815 title and interest in the tract reserved in the 2d article of this 

27816 treaty. 

27817 Article 5. It is understood and agreed that the expenses 

27818 of this treaty and of the chiefs and representatives signing it, 

27819 in coming to and returning from this city, and while here, shall 

27820 be paid by the United States. 

27821 Article 6. This treaty to be binding upon the contracting 

27822 parties when the same shall be ratified by the United States. 

27823 Proclaimed May 17, 1828. 



27824 OREGON MIDDLE— TRIBES AND BANDS OF INDIANS 

27825 OF. 

2782G Treaty betiveen the United States and the confederated tribes and 

27827 lands of Indians in Middle Oregon, concluded at Wasco, in 

27828 Oregon Territory, June 25, 1855 j ratified by the Senate March 

27829 8, 1859. 

27830 James Buchanan, President of the United States of America, 

27831 to all and singular to whom these present shall come, greet- 

27832 ing: 

27833 Whereas a treaty was made and concluded at Wasco, near 

27834 the Dalles of the Columbia River, in Oregon Territory, on the 

27835 twenty-fifth day of June, eighteen hundred and fifty-five, be- 

27836 tween Joel Palmer, superintendent of Indian affairs for the said 

27837 Territory, on the part of the United States, and the following - 

27838 named chiefs and head-men of the confederated tribes and bands 

27839 of Indians residing in Middle Oregon, they being authorized 

27840 thereto by their respective bands, to wit : Symtustus, Locks- 

27841 quis-sa, Shick-ame, and Kuck-up, chiefs of the Ta-ih or Upper 

27842 De Chutes band of Walla- Wallas ; Stocket-ly and Iso, chiefs of 

27843 W'yam or Lower De Chutes band of Walla- Wallas ; Alexis and 

27844 Talk-ish, chiefs of the Tenino band of Walla- Walls ; Yise, chief 

27845 of the Dock-spus or John Day's River band of Walla-Wallas ; 

27846 Mark, William Chenook, and Cush-Kella, chiefs of the Dalles 

27847 band of the Wascoes; Toh-simph, chief of the Ki-gal-twal-la 

27848 band of the Wascoes, and Wal-lu-chin, chief of the Dog River 

27849 band of the Wascoes: which treaty is, in the words and figures 

27850 following, to wit : 



623 



27851 Articles of agreement and convention made and concluded at 

27852 Wasco, near the Dalles of the Columbia River, in Oregon 

27853 Territory, by Joel Palmer, superintendent of Indian affairs, 

27854 on the part of the United States, and the following-named 

27855 chiefs and head-men of the confederated tribes and bands 

27856 of Indians residing in Middle Oregon, they being duly 

27857 authorized thereto by their respective bands, to wit, Sym- 

27858 tustus, Locks-quis-sa, Shick-a-me, and Kuck-up, chiefs of 

27859 of the Tain or Upper De Chutes band of Walla-Wallas; 

27860 Stocket-ly and Iso, chiefs of the Wyam or Lower De Chutes 

27861 band of Walla-Wallas; Alexis and Talkish, chiefs of the 

27862 Tenino band of Walla-Wallas ; Yise, chief of the Dock-spus 

27863 or John Day's Eiver band of Walla- Wallas ; Mark, William 

27864 Chenook, and Cush-Kella, chiefs of the Dalles band of the 

27865 Wascoes; Toh-simph, chief of the Ki-gal-twal-la band of 

27866 Wascoes ; and Wal-la-chin, chief of the Dog Eiver band of 

27867 Wascoes. 

27868 Article 1. The above-named confederated bands of Indians 

27869 cede to the United States all their right, title, and claim to all 

27870 and every part of the country claimed by them, included in the 

27871 following boundaries, to wit : 

27872 Commencing in the middle of the Columbia Eiver, at the 

27873 Cascade Falls, and running thence southerly to the summit of 

27874 the Cascade Mountains; thence along said summit to the forty - 

27875 fourth parallel of north latitude; thence east on that parallel to 

27876 the summit of the Blue Mountains, or the western boundary of the 

27877 Sho-sho-ne or Snake country ; thence northerly along that sum- 

27878 mit to a point due east from the head-waters of Willow Creek ; 

27879 thence west to the head-waters of said creek; thence down said 

27880 stream to its junction with the Columbia Eiver; and thence 

27881 down the channel of the Columbia Eiver to the place of begin- 

27882 ning: Frovided,lwicever, That so much of the country described 

27883 above as is contained in the following boundaries shall, until 

27884 otherwise directed by the President of the United States, be set 

27885 apart as a residence for said Indians, which tract for the pur- 

27886 poses contemplated shall be held and regarded as an Indian 

27887 reservation, to wit : 

27888 Commencing in the middle of the channel of the De Chutes 

27889 Eiver, opposite the eastern termination of a range of high lands 

27890 usually know as the Mutton Mountains ; thence westerly to the 

27891 summit of said range, along the divide to its connection with 

27892 *the Cascade Mountains ; thence to the summit of said mount- 

27893 ains ; thence southerly to Mount Jefferson ; thence down the 

27894 main branch of De Chutes Eiver ; heading in this peak to its 

27895 junction with De Chutes Eriver; and thence down the middle 

27896 of the channel of said river to the place of beginning. All of 



624 



27897 which tract shall be set apart, and, so far as necessary, surveyed 

27893 and marked out for their exclusive use ; nor shall any white per- 

27899 son be permitted to reside upon the same without the concur- 

27900 rent permission of the agent and superintendent. 

27901 The said bands and tribes agree to remove to and settle 

27902 upon the same within one year after the ratification of this 

27903 treaty, without any additional expense to the United States 

27904 other than is provided for by this treaty ; and, until the expira- 

27905 tion of the time specified, the said bands shall be permitted to 
2790G occupy and reside upon the tracts now possessed by them, guar- 

27907 auteeing to all white citizens the right to enter upon and occupy 

27908 as settlers any lands not included in said reservation, and not 

27909 actually inclosed by said Indians. Provided, however, That prior 

27910 to the removal of said Indians to said reservation, and before 

27911 any improvements contemplated by this treaty shall have been 

27912 commenced, that if the three principal bands, to wit : the Was- 

27913 copum, Tiah, or Upper De Chutes, and the Lower De Chutes 

27914 bands of Walla- Wallas shall express in council a desire that 

27915 some other reservation may be selected for them, that the three 

27916 bands named may select each three persons of their respective 

27917 bands, who, with the superintendent of Indian affairs or agent, 

27918 as may by him be directed, shall proceed to examine, and if 

27919 another location can be selected, better suited to the condition 

27920 and wants of said Indians, that is jinoccupied by the whites, 

27921 and upon Which the board of commissioners thus selected may 

27922 agree, the same shall be declared a reservation for said Indians, 

27923 instead of the tract named in this treaty. Provided, also, That 

27924 the exclusive right of taking fish in the streams running through 

27925 and bordering said reservation is hereby secured to said Indians ; 

27926 and at all other usual and accustomed stations, in common with 

27927 citizens of the United States, and of erecting suitable houses for 

27928 curing the same ; also the privilege of hunting, gathering roots 

27929 and berries, and pasturing their stock on unclaimed lands, in 

27930 common with citizens, is secured to them. (X. B. The rights 

27931 guaranteed by the foregoing proviso are relinquished by the arti- 

27932 cle 1 of the treaty of November 15, 1865.) And provided, also, 

27933 That if any. band or bands of Indians, residiug in and claiming 

27934 any portion or portions of the country in this article, shall not 

27935 accede to the terms of this treaty, then the bands becoming 

27936 parties hereunto agree to receive such part of the several and 

27937 other payments herein named as a consideration for the entire; 

27938 country described as aforesaid as shall be in the proportion that 

27939 their aggregate number may have to the whole number of In- 

27940 dians residing in and claiming the entire country aforesaid, as 

27941 consideration and payment in full for the tracts in said country 

27942 claimed by them. And provided, also, That where substantial 



625 



27943 improvements have been made by any members of the bands 

27944 being parties to this treaty, who are compelled to abandon them 

27945 in consequence of said treaty, the same shall be valued, under 

27946 the direction of the President of the United States, and pay- 

27947 ment made therefor ; or, in lieu of said payment, improvements 

27948 of equal extent and value at their option shall be made for them 

27949 on the tracts assigned to each respectively. 

27950 Article 2. In consideration of, and payment for, the coun- 

27951 try hereby ceded, the United States agree to pay the bands and 

27952 tribes of Indians claiming territory and residing in said country 

27953 the several sums of money following, to wit : 

27954 Eight thousand dollars per annum for the first five years, 

27955 commencing on the first day of September, 1856, or as soon 

27956 thereafter as practicable. 

27957 Six thousand dollars per annum for the term of five years 

27958 next succeeding the first five. 

27959 Four thousand dollars per annum for the term of five years 

27960 next succeeding the second five ; and 

27961 Two thousand dollars per annum for the term of five years 

27962 next succeeding the third five. 

27963 All of which several sums of money shall be expended for 

27964 the use and benefit of the confederated bands, under the direc- 

27965 tion of the President of the United States, who may from time 

27966 to time, at his discretion, determine what proportion thereof 

27967 shall be expended for such objects as, in his judgment, will pro- 

27968 mote their well-being and advance them in civilization j for their 

27969 moral improvement and education ; for building, opening and 

27970 fencing farms, breaking land, providing teams, stock, agricul- 

27971 tural implements, seeds, &c. ; for clothing, provisions, and tools ; 

27972 for medical purposes, providing mechanics and farmers, and for 

27973 arms and ammunition. 

27974 Article 3. The United States agree to pay said Indians 

27975 the additional sum of fifty thousand dollars, a portion whereof 

27976 shall be applied to the payment for such articles as may be ad- 

27977 vanced them at the time of signing this treaty, and in providing, 

27978 after the ratification thereof and prior to their removal, such 

27979 articles as may be deemed by the President essential to their 

27980 want ; for the erection of buildings on the reservation, fencing 

27981 and opening farms ; for the purchase of teams, farming imple- 

27982 ments, clothing and provisions, tools, seeds, and for the pay- 

27983 ment of employees ; and for subsisting the Indians the first year 

27984 after their removal. 

27985 Article 4. In addition to the considerations specified the 

27986 United States agree to erect, at suitable points on the reserva- 

27987 tion, one saw-mill and one flouring-mill, suitable hospital build- 

27988 ings, one school-house, one blacksmith-shop with a tin and a gun- 

79 i t 



626 



279S9 smith-shop thereto attached, one wagon and ploughinaker shop, 

27990 and for one sawyer, one miller, one superintendent of farming 

27991 operations, a farmer, a physician, a school-teacher, a blacksmith, 

27992 and a wagon and ploughmaker, a dwelling house, and the requi- 

27993 site outbuildings for each $ and to purchase and keep in repair, 

27994 for the time specified for furnishing employees, all necessary 

27995 mill-fixtures, mechanics' tools, medicines and hospital stores, 

27996 books and stationery for schools, and furniture for employees. 

27997 The United States further engage to secure and pay for the 

27998 services and subsistence, -for the term of fifteen years, of one 

27999 farmer, one blacksmith, and one wagon and ploughmaker, and 
2S000 for the term of twenty years, of one physician, one sawyer, one 

28001 miller, one superintendent of farming operations, and one school 

28002 teacher. 

28003 The United States also engage to erect four dwelling-houses, 

28004 one for the head chief of the confederated bands, and one each 

28005 for the Upper and Lower De Chutes bands of Walla- Wallas, 

28006 and for the Wascopum band of Wascoes, and to fence and 

28007 plough for each of the said chiefs ten acres of land ; also to pay 

28008 the head chief of the confederated bands a salary of five hundred 

28009 dollars per annum for twenty years, commencing six months 

28010 after the three principal bands named in this treaty shall have 

28011 removed to the reservation, or as soon thereafter as a head chief 

28012 should be elected : And provided, also, That at any time when by 

28013 the death, resignation, or removal of the chief selected, there 

28014 shall be a vacancy and a successor appointed or selected, the 

28015 salary, the dwelling, and improvements shall be possessed by 

28016 said successor, so long as he shall occupy the position as head 

28017 chief ; so also with reference to the dwellings and improvements 

28018 provided for by this treaty for the head chiefs of the three priu- 

28019 cipal bands named. 

28020 Article 5. The President may, from time to time, at his 

28021 discretion, cause the whole, or such portion as he may think 

28022 proper, of the tract that may now or hereafter be set apart as a 

28023 permanent home for these Indians, to be surveyed into lots and 

28024 assigned to such Iudians of the confederated bands as may wish 

28025 to enjoy the privilege and locate thereon permanently. To a 

28026 single person over twenty-one years of age, forty acres ; to a 

28027 family of two persons, sixty acres ; to a family of three and not 

28028 exceeding five, eighty acres ; to a family of six persons and not 

28029 exceeding ten, one hundred and twenty acres; and to each 

28030 family over ten in number twenty acres for each additional three 

28031 members. And the President may provide such rules and regu- 

28032 lations as will secure to the family in case of the death of the 

28033 head thereof the possession and enjoyment of such permanent 

28034 home and the improvement thereon ; and he may, at any time, 



627 



28035 at his discretion, after such person or family has made location 

28036 on the land assigned as a permanent home, issue a patent to 

28037 such person or family for such assigned land, conditioned that 

28038 the tract shall not be aliened or leased for a longer term than 

28039 two years, and shall be exempt from levy, sale, or forfeiture, 

28040 which condition shall continue in force until a State constitu- 

28041 tion embracing such lands within its limits shall have been 

28042 formed, and the legislature of the State shall remove the restric- 

28043 tions : Provided, lioivever, That no State legislature shall remove 

28044 the restrictions herein provided for without the consent of Con- 

28045 gress : And provided, also, That if any person or family shall at 

28046 any time neglect or refuse to occupy or till a portion of the land 

28047 assigned and on which they have located, or shall roam from 

28048 place to place, indicating a desire to abandon his home, the 

28049 President may, if the patent shall have been issued, revoke the 

28050 same, and if not issued caucel the assignment, and may also 

28051 withhold from such person or family their portion of the annui- 

28052 ties, or other money due them, until they shall have returned to 

28053 such permanent home and resumed the pursuits of industry, 

28054 and in default of their return the tract may be declared aban- 

28055 doned, and thereafter assigned to some other person or family 

28056 of Indians residing on said reservation. 

28057 Article 6. The annuities of the Indians shall not be taken 

28058 to pay the debts of individuals. 

28059 Article 7. The confederated bands acknowledge their de- 

28060 pendence on the Government of the United States, and promise 

28061 to be friendly with all the citizens thereof, and pledge themselves 

28062 to commit no depredation on the property of said citizens ; and 

28063 should any one or more of the Indians violate this pledge, and 

28064 the fact be satisfactorily proven before the agent, the property 

28065 taken shall be returned, or in default thereof, or if injured or 

28066 destroyed, compensation may be made by the Government out 

28067 of their annuities ; nor will they make war on any other tribe 

28068 of Indians except in self-defence, but submit all matters of dif- 

28069 ference between them- and other Indians to the Government of 

28070 the United States or its agents for decision, and abide thereby : 

28071 and if any of the said Indians commit any depredations on 

28072 other Indians, the same rule shall prevail as that prescribed in 

28073 the case of depredations against citizens ; said Indians further 

28074 engage to submit to and observe all laws, rules, and regulations 

28075 which may be prescribed by the United States for the govern - 

28076 rnent of said Indians. 

28077 Article 8. In order to prevent the evils of intemperance 

28078 among said Indians, it is hereby provided that if any one of 

28079 them shall drink liquor to excess, or procure it for others to 



628 



28080 drink, his or her proportion of the annuities may be withheld 

28081 from him or her for such time as the President may determine. 
2S0S2 Article 9. The said confederated bands agree that when- 
28083 soever, in the opinion of the President of the United States, the 
2S08I public interest may require it, that all roads, highways, and rail- 
2S0S5 roads shall have the right of way through the reservation herein 
2808(1 designated, or which may at any time hereafter be set apart as 
28087 a reservation for said Indians. 

2S0S8 This treaty shall be obligatory on the contracting parties as 

28089 soon as the same shall be ratified by the President and Senate of 

28090 the United States. 

28091 Proclaimed April 18, 1859. 



28092 Supplemental treaty between the United States of America and the 

28093 confederated tribes and bands of Indians of Middle Oregon, 
28091 concluded November 15, 1865 ; ratification advised March 2, 

28095 1867. 

28096 Andrew Johnson, President of the United States of America, 

28097 to all and singular to whom these presents shall come, greet- 

28098 ing: 

28099 Whereas a supplemental treaty was made and concluded 

28100 at the Warm Springs Indian agency, in the State of Oregon, on 

28101 the fifteenth day of November, in the year of our Lord one thou- 

28102 sand eight hundred and sixty-five, by and between J. W. Perit 

28103 Huntington, commissioner, on the part of the United States, and 
' 28104 Mark, William Chinook, Kuck-up, and other chiefs and head- 

28105 men of the confederated tribes and bands of Indians of Middle 

28106 Oregon, on the part of said Indians, and duly authorized there- 

28107 to by them, which treaty is in the words and figures following, 

28108 to wit : 

28109 Articles of agreement and convention entered into at the 

28110 Warm Springs agency, Oregon, by J. W. Perit Huntington, 

28111 sup't Indian affairs for Oregon, on behalf of the United 

28112 States, and the undersigned, chiefs and head-men of the con- 

28113 federated tribes and bands of Middle Oregon, the same being 
28111 amendatory of, and supplemental to, the treaty negotiated 

28115 with the aforesaid tribes on the twenty-fifth day of June, 

28116 eighteen hundred and fifty-five, and ratified by the Senate 

28117 of the United States on the eighteenth day of April, 

28118 eighteen hundred and fifty-nine. 

28119 Article 1. It having become evident from experience that 

28120 the provision of article 1 of the treaty of the twenty -fifth of June, 

28121 A. D. eighteen hundred and fifty-five, (next preceding,) which 

28122 permits said confederated tribes to fish, hunt, gather berries and 



629 



28123 roots, pasture stock, and erect houses on lauds outside the reser- 

28124 vation, and which have been ceded to the United States, is often 

28125 abused by the Indians to the extent of continuously residing away 

28126 from the reservation, and is detrimental to the interests of both 

28127 Indians and whites ; therefore it is hereby stipulated and agreed 

28128 that all the rights enumerated in the third proviso of the first 

28129 section of the before-mentioned treaty of the twenty-fifth of 

28130 June, eighteen hundred and fifty five, that is to say, the right 

28131 to take fish, erect houses, hunt game, gather roots and berries, 

28132 and pasture animals upon lands without the reservation set 

28133 apart by the treaty aforesaid, are hereby relinquished by the 

28134 confederated Indian tribes and bands of Middle Oregon, parties 

28135 to this treaty. 

28136 Article 2. The tribes aforesaid covenant and agree that 

28137 they will hereafter remain upon said reservation, subject to the 

28138 laws of the United States, the regulations of the Indian De 

28139 partment, and the control of the officers thereof j and they fur- 

28140 ther stipulate that if any of the members of said tribes do 

28141 leave, or attempt to leave, said reservation in violation of this 

28142 treaty, they will assist in pursuing and returning them, when 

28143 called upon to do so by the superintendent or agent in charge. 

28144 Article 3. In cases which may arise, which make it neces- 

28145 sary for any Indian to go without the boundaries of said reserva- 

28146 tion, the superintendent or agent in charge may, in his discre- 

28147 tion, give to such Indian a written permit or pass, which shall 

28148 always be for a short period and the expiration definitely fixed 

28149 in said paper. Any Indian who, having gone out with a written 

28150 pass, shall remain beyond the boundaries for a longer period 

28151 than the time named in said pass, [shall] be deemed to have 

28152 violated this treaty to the same extent as if he or she had gone 

28153 without a pass. 

28154 Article 4. An infraction of this treaty shall subject the 

28155 Indian guilty thereof to a deprivation of his or her share of the 

28156 annuities, and to such other punishment as the President of the 

28157 United States may direct. 

28158 Article 5. It is stipulated and agreed on the part of the 

28159 United States, as a consideration for the relinquishment of the 

28160 rights herein enumerated, that the sum of three thousand five 

28161 hundred dollars shall be expended in the purchase of teams, 

28162 agricultural implements, seeds, and other articles calculated to 

28163 advance said confederated tribes in agriculture and civilization. 

28164 Article 6. It is further agreed that the United States 

28165 shall cause to be allotted to each head of a family in said confed- 

28166 erated tribes and bands a tract of land sufficient for his or her 
28L67 nse, the possession of which shall be guaranteed and secured to 
28168 said family and the heirs thereof forever. 



630 



2S169 Article 7. To the end that the vice of intemperance 

28170 among said tribes may be checked, it is hereby stipulated that 

28171 when any members thereof shall be known to drink ardent spir- 

28172 its, or to have the same in possession, the facts shall be imme- 

28173 diately reported to the agent or superintendent, with the name 
28171 of the person or persons from whom the liquor was obtained ; 

28175 and the Indians agree to diligently use, under the direction of 

28176 the superintendent or agent, all proper means to secure the 

28177 identification and punishment of the persons unlawfully fur- 

28178 nishing liquor as aforesaid. 

28179 Proclaimed March 29, 1867. 

28180 OTTOES. 

28181 A treaty of peace and frien dship made and concluded between Will- 

28182 iam Clark and Auguste Chouteau, commissioners on the part 

28183 and behalf of the United States of America, of the one part, 
28181 and the undersigned chiefs and warriors of the Ottoes tribe of 

28185 Indians, on the part and behalf of their said tribe, of the other 

28186 part. 

28187 The parties being desirous of re establishing peace and 

28188 friendship between the United States and their said tribe, and 

28189 of being placed, in all things and in every respect, upon the 

28190 same footing upon which they stood before the late war between 

28191 the United States and Great Britain, have agreed to the follow- 

28192 ing articles : 

28193 Article 1. Every injury or act of hostility by one or either 
28191 of the contracting parties against the other shall be mutually 

28195 forgiven and forgot. 

28196 Article 2. There shall be perpetual peace and friendship 

28197 between all the citizens of the United States of America and 

28198 all the individuals composing the said Ottoes tribe, and all the 

28199 friendly relations that existed between them before the war shall 

28200 be, and the same are hereby, renewed. 

28201 Article 3. The undersigned chiefs and warriors, for them- 

28202 selves and their said tribes, do hereby acknowledge themselves 

28203 to be under the protection of the United States of America, and 

28204 of no other nation, power, or sovereign, whatsoever. 

28205 Proclaimed December 26, 1817. 

28206 OTTOES AXD MISSOURIES. 

28207 Treaty with the Ottoe and Missouri Tribe. 

28208 For the purpose of perpetuating the friendship which has 

28209 heretofore existed, as also to remove all future cause of discus- 



631 



28210 sion or dissension as it respects trade and friendship between 

28211 the United States and their citizens, and the Ottoe and Missouri 

28212 tribe of Indians, the President of the United States of America, 

28213 by Brigadier-General Henry Atkinson, of the United States 

28214 Army, and Major Benjamin O'Fallon, Indian agent, with full 

28215 powers and authority, specially appointed and commissioned for 

28216 that purpose, of the one part, and the undersigned chiefs, head- 

28217 men, and warriors of the said Ottoe and Missouri tribe of In - 

28218 dians, on behalf of their tribe, of the other part, have made and 

28219 entered into the following articles and conditions, which, when 

28220 ratified by the President of the United States, by and with the 

28221 advice and consent of the Senate, shall be binding on both par- 

28222 ties to wit : 

28223 Article 1. It is admitted by the Ottoe and Missouri tribe 

28224 of Indians that they reside within the territorial limits of the 

28225 United States, acknowledge their supremacy, and claim their 

28226 protection. The said tribe also admit the right of the United 

28227 States to regulate all trade and intercourse with them. 

28228 Article 2. The United States agree to receive the Ottoe 

28229 and Missouri tribe of Indians into their friendship, and under 

28230 their protection, and to extend to them, from time to time, such 

28231 benefits and acts of kindness as may be convenient, and seem 

28232 just and proper to the President of the United States. 

28233 Article 3. All trade and intercourse with the Ottoe and 

28234 Missouri tribe shall be transacted at such place or places as 

28235 may be designated and pointed out by the President of the 

28236 United States, through his agents ; and none but American 

28237 citizens, duly authorized by the United States, shall be admitted 

28238 to trade or hold intercourse with said tribe of Indians. 

28239 Article 4. That the Ottoe and Missouri tribe may be ac- 

28240 commodated with such articles of merchandise, &c, as their 

28241 necessities may demand, the United States agree to admit and 

28242 license traders to hold intercourse with said tribe, under mild 

28243 and equitable regulations: in consideration of which, the said 

28244 Ottoe and Missouri tribe bind themselves to extend protection to 

28245 the persons and the property of the traders, and the persons 

28246 legally employed under them, whilst they remain within the limits 

28247 of their particular district of country. And the said Ottoe and 

28248 Missouri tribe further agree, that if any foreigner or other per- 

28249 son, not legally authorized by the United States, shall come into 

28250 their district of country, for the purpose of trade or other views, 

28251 they will apprehend such person or persons, and deliver him or 

28252 them to some United States superintendent, or agent of Indian 

28253 affairs, or to the commandant of the nearest military post, to be 

28254 dealt with according to law. And they further agree to give 

28255 safe conduct to all persons who may be legally authorized by the 



632 



2S256 United States to pass through their country; and to protect, in 

28257 their persons and property, all agents or other persons sent by 

28258 the United States to reside temporarily among them ; nor will 

28259 they, whilst on their distant excursions, molest or interrupt any 

28260 American citizen or citizens who may be passing from the United 

28261 States to Xew Mexico, or returning from thence to the United 

28262 States. 

28263 Article 5. That the friendship which is now established 

28264 between the United States and the Ottoe and Missouri tribe 

28265 should not be interrupted by the misconduct of individuals, it is 

28266 hereby agreed, that for injuries done by individuals, no private 

28267 revenge or retaliation shall take place, but instead thereof com- 

28268 plaint shall be made, by the party injured, to the superintendent 

28269 or agent of Indian affairs, or other person appointed by the 

28270 President ; and it shall be the duty of said chiefs, upon complaint 

28271 being made as aforesaid, to deliver up the person or persons 

28272 against whom the complaint is made, to the end that he or they 

28273 may be punished agreeably to the laws of the United States. 

28274 And, in like manner, if any robbery, violence, or murder shall 

28275 be committed on any Indian or Indians belonging to said tribe, 

28276 the person or persons so offending shall be tried, and if found 

28277 guilty shall be punished in like manner as if the injury had been 

28278 done to a white man. And it is agreed that the chiefs of said 

28279 Ottoe and Missouri tribe shall, to the utmost of their power, exert 

28280 themselves to recover horses or other rjroperty which may be 

28281 stolen or taken from any citizen or citizens of the United States, 

28282 by any individual or individuals of said tribe ; and the property 

28283 so recovered shall be forthwith delivered to the agents or other per- 
28281 son authorized to receive it, that it may be restored to the proper 

28285 owner. And the United States hereby guarranty to any Indian 

28286 or Indians of said tribe a full indemnification for any horses or 

28287 other property which may be stolen from them by any of their 

28288 citizens: Provided, That the property stolen cannot be recovered, 

28289 and that sufficient proof is produced that it was actually stolen 

28290 by a citizen of the United States. And the said Ottoe and 

28291 Missouri tribe engage, on the requisition or demand of the Presi- 

28292 dent of the United States or of the agents, to deliver up any 

28293 white man resident among them. 

28294 Article 6. And the chiefs and warriors, as aforesaid, promise 

28295 and engage that their tribe will never, by sale, exchange, or as 

28296 presents, supply any nation, tribe, or band of Indians, not in 

28297 amity with the United States, with guns, ammunition, or other 

28298 implements of war. 

28299 Proclaimed February 6, 1826. 



633 



28300 
28301 
28302 
28303 
28304 

28305 
2830G 
28307 
28308 
28309 
28310 
28311 
28312 
28313 
28314 
28315 
28316 
28317 
2S318 
28319 
28320 
28321 
28322 
28323 
28324 
28325 
28326 
28327 
28328 
28329 
28330 
28331 
28332 
28333 
28334 
28335 
28336 
28337 
28338 
28339 
28340 
28341 
28342 
28343 
28344 
28345 



Articles of agreement and convention, made at the Otoe Village on 
the River Platte, between Henry L. Ellsworth, commissioner in 
behalf of the United States, and the united bands of Otoes 
and Missourias dwelling on the said Platte, this 21st day of 
September, A. 1), 1833. 

Article 1. The said Otoes and Missourias cede and relin- 
quish to the United States all their right and title to the lands 
lying south of the following line, viz: Beginning on the Little 
Nemohaw River, at the northwest corner of the laud reserved 
by treaty at Prairie du Chien on the 15th July, 1830, in favor 
of certain half-breeds of the Omahas, loways, Otoes, Yancton, 
and San-tie bands of Sioux, and running westerly with said Lit- 
tle Nemohaw, to the head branches of the same; and theuce 
running in a due west line as far west as said Otoes and Mis- 
sourias have or pretend to have any claim. 

Article 2, The United States agree to continue the pres- 
ent annuity of twenty-five hundred dollars, granted by said 
treaty of Prairie du Chien, to said Otoes and Missourias, ten 
years from the expiration of the same, viz, ten years from 15th 
July, 1840. 

Article 3. The United States agree to continue for ten 
years from said 15th July, 1840, the annuity of five hundred 
dollars, granted for instruments for agricultural purposes. 

Article 4. The United States agree to allow annually five 
hundred dollars, for five years, for the purposes of education, 
Avhich sum shall be expended under the direction of the Presi- 
dent ; and continued longer if he deems proper. The schools, 
however, shall be kept within the limit of said tribe or nation. 

Article 5. The United States agree to erect a horse-mill 
for grinding corn, and to provide two farmers to reside in the 
nation, to instruct and assist said tribe, for the term of five 
years, and longer if the President thinks proper. 

Article 6. The United States agree to deliver to said 
Otoes and Missourias one thousand dollars value in stock, which 
shall be placed in the care of the agent, or farmer, until the 
President thinks the same can safely be intrusted to the Indians. 

Article 7. It is expressly agreed and understood that the 
stipulations contained in the third, fourth, fifth, and sixth arti- 
cles are not to be fulfilled by the United States until the Otoes 
and Missourias shall locate themselves in such convenient agri- 
cultural districts as the President may think proper, nor shall 
the payments be continued if the Otoes and Missourias shall 
abandon such location as the President shall think best for their 
agricultural interest. 

Article 8. The Otoes and Missourias declare their entire 
willingness to abandon the chase for the agricultural life — their 
80 i t 



634 



28346 desire for peace with all other tribes, and therefore agree not to 

28347 make war against any tribe with whom they now are, or shall 

28348 be, at peace ; but should any difficulty arise between theoi and 

28349 any other tribe, they agree to refer the matter iu dispute to some 

28350 arbiter whom the President shall appoint to adjust the same. 

28351 Article 9. The United States agree to deliver the said 

28352 Otoes and Missourias the value of four hundred dollars in 

28353 goods and merchandise ; which said Otoes and Missourias 

28354 hereby acknowledge to have received. 

28355 Article 10. This convention, or agreement, to be obliga- 

28356 tory when ratified by the President and Senate of the United 

28357 States. 

28358 Proclaimed April 12, 1834. 



28359 Articles of a convention entered into and concluded at Bellevue, 

28360 Upper Missouri, the fifteenth day of October, one thousand 

28361 eight hundred and thirty-six, by and between John Dougherty, 

28362 United States agent for Indian affairs, and Joshua Pitcher, 

28363 United States Indian special agent, being specially authorized 

28364 therefor ; and the chiefs, braves, head-men, &c, of the Otoes, 

28365 Missouries, OmaJiaws, and Yanhton and Santee bands of 

28366 Sioux, duly authorized by their respective tribes. 

28367 article 1. Whereas it has been represented that accord- 

28368 ing to the stipulations of the first article of the treaty of Prairie 

28369 du Chien of the fifteenth of July, eighteen hundred and thirty, 

28370 (proclaimed February 24, 1831,) the country ceded is u to be 

28371 assigned and allotted under the direction of the President of 

28372 the United States to the tribes now living thereon or to such 

28373 other tribes as the President may locate thereon for hunting and 

28374 other purposes f and 

28375 Whereas it is further represented to us the chiefs, braves, and 

28376 head-men of the tribes aforesaid, thatit is desirable that the lands 

28377 lying between the State of Missouri and the Missouri River, and 

28378 south of a line running due west from the northwest corner of 

28379 said State until said line strikes the Missouri River, should be 

28380 attached to and become a part of said State, and the Indian 

28381 title thereto be entirely extinguished ; but that notwithstanding, 

28382 as these lands compose a part of the country embraced by the 

28383 provisions of the said first article of the treaty aforesaid, the 

28384 stipulations whereof will be strictly observed until the assent 

28385 of the Indians interested is given to the proposed measure : 

28386 Now we, the chiefs, braves, and principal men of the Otoes, 

28387 Missouries, Omahaws, Yankton and Santee bands of Sioux 

28388 aforesaid, fully understanding the subject and well satisfied 

28389 from the local position of the lands in question that they never 



U35 



28390 can be made available for Indian purposes ; and that an attempt 

28391 to place an Indian population on them must inevitably lead to 

28392 collisions with the citizens of the United States ; and further 

28393 believing that the extension of the State line in the direction 

28394 indicated would have a happy effect by presenting a natural 

28395 boundary between the whites and Indians ; and willing more- 

28396 over to give the United States a renewed evidence of our at- 

28397 tachment and friendship, do hereby for ourselves and on behalf 

28398 of our respective tribes, (having full power and authority to this 

28399 effect,) forever cede, relinquish, and quit-claim to the United 

28400 States all our right, title, and interest, of whatsoever nature, in 

28401 and to the lands lying between the State of Missouri and the 

28402 Missouri Eiver, and south of a line running due west from the 

28403 northwest corner of the State to the Missouri Eiver, as herein- 

28404 before mentioned, and freely and fully exonerate the United 

28405 States from any guarantee, condition, or limitation expressed or 

28406 implied under the treaty of Prairie de Chien aforesaid, or other - 

28407 wise, as to the entire and absolute disposition of said lands, 

28408 fully authorizing the United States to do with the same what- 

28409 ever shall seem expedient or necessary. 

28410 Article 2. As a proof of the continued friendship and 

28411 liberality of the United States towards the said Otoes, Missouries , 

28412 Omahaws, and Yankton and Santee bands of Sioux, and as an 

28413 evidence of the sence entertained for the good-will manifested 

28414 by the said tribes to the citizens and Government of the United 

28415 States, as evinced in the preceding cession and relinquishment ; 

28416 and as some compensation for the great sacrifice made by the 

28417 several deputations at this particular season, by abandoning 

28418 their fall hunts and traveling several hundred miles to attend 

28419 this convention, the undersigned, John Dougherty and Joshua 

28420 Pilcher, agrees, on behalf of the United States, to pay as a pres- 

28421 ent to the tribes hereinbefore named the sum of four thousand 

28422 five hundred and twenty dollars in merchandize, the receipt of 

28423 which they hereby acknowledge, having been distributed among 

28424 them in the proportions following : To the Otoes, twelve hundred 

28425 and fifty dollars; to the Missouries, one thousand dollars; to the 

28426 Omahaws, twelve hundred and seventy dollars; to the Yankton 

28427 and Santee bands of Sioux, one thousand dollars. 

28428 Article 3. In consequence of the removal of the Otoes 

28429 and Missouries from their former situation on the river Platte 

28430 to the place selected for them, and of their having to build new 

28431 habitations last spring at the time which should have been 

28432 occupied in attending to their crops, it appears that they have 

28433 failed to such a degree as to make it certain that they will lack 

28434 the means of subsisting next spring, when it will be necessary 

28435 for them to commence cultivating the- lands now preparing for 



636 



28436 their use. It is therefore agreed that the said Otoes and Mis- 

2§£37 souries (in addition to the presents hereinbefore mentioned) shall 

28438 be furnished, at the expenee of the United States, ^vitli five 

28439 hundred bushels of corn, to be delivered at their village in the 

28440 month of April next. And the same causes operating upon the 

28441 Omahaws, they having also abandoned their former situation, 

28442 and established at the place recommended to them on the Mis- 

28443 souri Elver, and finding it difficult without the aid of ploughs 

28444 to cultivate land near there village, where they would be secure 

28445 from their enemies, it is agreed, as a farther proof of the liber- 
2844G ality of the Government and its disposition to advance such 

28447 tribes in the cultivation of the soil as may manifest a disposition 

28448 to rely on it for the future means of subsistence, that they shall 

28449 have one hundred acres of ground broke up and put under a 

28450 fence near their village, so soon as it can be done after the rati- 

28451 fication of this convention. 

28452 Article 4. The undersigned chiefs, braves, and head-men of 

28453 the tribes hereinbefore named, feeling sensible of the many acts 

28454 of kindness and liberality manifested towards them and their re- 

28455 spective tribes by their good friends, Joseph Eoubadoux, sen., and 

28456 Lucien Fontenelle, during an intercourse of many years ; aware of 

28457 the heavy losses sustained by them at different times by their lib- 

28458 erality in extending large credits to them and their people, which 

28459 have never been paid, and which (owing to the impoverished 

28460 situation of their country and their scanty means of living) never 

28461 can be, are anxious to evince some evidence of gratitude for 

28462 such benefits and favours, and compensate the said individuals 

28463 in some measure for their losses. To this end, at the earnest 

28464 solicitation of said tribes, it is agreed that the said Joseph 

28465 Eoubadoux, sen., shall have the privilege of selecting three 

28466 sections of land, anywhere within the ceded territory, so soon 

28467 as the same shall be surveyed, and the said Lucien Fontenelle 

28468 shall be permitted to select two sections in like manner, which 

28469 shall be conveyed to them by the United States without cost 

28470 whenever the land so selected shall be reported by them, their 

28471 agents, or legal representatives to the register and receiver of 

28472 the land-office of the district in which they lie. It is. however, 

28473 distinctly understood that if the President and Senate of the 

28474 United States should refuse to ratify this and the last preceding 

28475 article, or either of them, or any part thereof, that such refusal 

28476 shall in no way affect the relinquishment and cession made by 

28477 the tribes parties hereto in the first article of this convention. 

28478 Article 5. This convention shall be obligatory on the 

28479 tribes parties hereto from and after the date hereof, and on the 

28480 United States from and after its ratification by the Government 

28481 thereof. 

28482 Proclaimed February 15, 1827. 



G37 



28483 Franklin Pierce, President of the United States of America, 

28484 to all and singular to whom these presents shall come, 

28485 greeting: 

28486 Whereas a treaty was made and concluded at the city of 

28487 Washington on the fifteenth day of March, one thousand eight 

28488 hundred and fifty-four, by George W. Manypenny, Commissioner 

28489 of Indian Affairs, acting as commissioner on the part of the 

28490 United States, and the confederate tribes of the Ottoe and Mis- 

28491 souria Indians, which treaty is in the words following, to wit : . 

28492 Articles of agreement and convention made and concluded at 

28493 the city of Washington, this fifteenth day of March, one 

28494 thousand eight hundred and fifty-four, by George W. Many. 

28495 penny, as commissioner on the part of the United States, 

28496 and the following-named chiefs of the confederate tribes of 

28497 . the Ottoe and Missouria Indians, viz : Ar-ke-kee-tah, or Stay 

28498 by It; Heh-cah-po, or Kickapoo; Shaw T -ka-haw-wa, or Medi- 

28499 cine Horse ; Mrar-ke-tah-hun-she, or Big Soldier ; Oha-won- 

28500 a-ke, or Buffalo Chief ; Ah-hah-che-ke-saw-ke, or Missouria 

28501 Chief; and Maw-tbra-ti-ne, or White Water; they being 

28502 thereto duly authorized by said confederate tribes. 

28503 Article 1. The confederate tribes of Ottoe and Missouria 

28504 Indians cede to the United States all their country west of the 

28505 Missouri Eiver, excepting a strip of land on the waters of the 

28506 Big Blue Eiver, ten miles in width and bounded as follows: 

28507 Commencing at a point in the middle of the main branch of the 

28508 Big Blue Eiver, in a west or southwest direction from Old Port 

28509 Kearney, at a place called by the Indians the " Islands; 7 ' thence 

28510 west to the western boundary of the country hereby ceded ; 

28511 thence in a northerly course with said western boundary, ten 

28512 miles; thence east to a point due north of the starting i>oint 

28513 and ten miles therefrom; thence to the place of beginning; 

28514 Provided, That in case the said initial point is not within the 

28515 limits of the country hereby ceded, or that the western boundary 

28516 of said country is not distant twenty-five miles or more from the 

28517 initial point, in either case, there shall be assigned by the United 

28518 States to said Indians, for their future home, a tract of land not 

28519 less than ten miles wide by twenty-five miles long, the southeast 

28520 corner of which tract shall be the initial point above named. 

28521 And such portion of such tract, if any, as shall prove to be out- 

28522 side of the ceded country, shall be and the same is hereby granted 

28523 and ceded to the confederate tribes of Ottoe and Missouria 

28524 Indians by the United States, who will have said tract properly 

28525 set off by durable monuments as soon after the ratification of 

28526 this instrument as the same can conveniently be done. 

28527 B. The limits of the above reservation are changed by 

28528 the treaty of December 9, 1854, proclaimed April 19, 1855. 

28529 Seepage 641, 



638 



28530 Article 2. The said confederate tribes agree that as soon 

28531 after the United States shall make the necessary provision for 

28532 fulfilling the stipulations of this instrument, as they can conve- 

28533 niently arrange their affairs, and not to exceed one year after 

28534 such provision is made, they will vacate the ceded country and 

28535 remove to the lands herein reserved for them. 

28536 Article 3. The said confederate tribes relinquish to the 

28537 United States all claims for money or other thing under former 

28538 treaties, and all claim which they may have heretofore at any 

28539 time set up to auy land on the east side of the Missouri River : 

28540 Provided, That said confederate tribes shall receive the unex- 

28541 pended balances of former appropriations now in the United 

28542 States Treasury, of which four thousand dollars shall at once 

28543 be applied for the purchase of provisions and to farming purposes. 

28544 Article 4. In consideration of and payment for the country 

28545 herein ceded, and the relinquishments herein made, the United 

28546 States agree to pay to the said confederate tribes of Ottoe and 

28547 Missouria Indians the several sums of money following, to wit: 

28548 1st. Twenty thousand dollars per annum for the term of 

28549 three years, commencing on the first day of January, one thou- 

28550 sand eight hundred and fifty-nine. 

28551 2d. Thirteen thousand dollars per annum for the term of 

28552 ten years next succeeding the three years. 

28553 3d. Nine thousand dollars per annum for the term of fifteen 

28554 years next succeeding the ten years. 

28555 4th. Five thousand dollars per anuum for the term of twelve 
2855Q years next succeeding the fifteen years. 

28557 All which several sums of money shall be paid to the said 

28558 confederate tribes, or expended for their use and benefit, under 

28559 the direction of the President of the United States, who may, 

28560 from time to time, determine, at his discretion, what proportion 

28561 of the annual payments in this article provided for, if any, shall 

28562 be paid to them in money, and what proportion shall be applied 

28563 to and expended for their moral improvement and education ; 

28564 for such, beneficial objects as in his judgment will be calculated 

28565 to advance them in civilization ; for buildings, opening farms, 
2S56Q fencing, breaking land, providing stock, agricultural implements, 

28567 seeds, &c; for clothing, provisions, and merchandise; for iron, 

28568 steel, arms, and ammunition; for mechanics and tools, and for 

28569 medical purposes. 

28570 Article 5. In order to enable the said confederate tribes to 

28571 settle their affairs, and to remove and subsist themselves foi 

28572 one year at their new home, (and which they agree to do with- 

28573 out further expense to the United States,) and to break up and 

28574 fence one hundred and fifty acres of laud at their new home, they 

28575 shall receive from the United States the further sum of twenty 



639 



28576 thousand dollars, to be paid out and expended under the direc- 

28577 tion of the President, and in such manner as he shall approve. 

28578 Article 6. The President may, from time to time, at his 

28579 discretion, cause the whole of the land herein reserved or appro 

28580 priated west of the Big Blue Elver to be surveyed off into lots, 

28581 and assign to such Indian or Indians of said confederate tribes 

28582 as are willing to avail of the privilege, and who will locate on 

28583 the same as a permanent home, if a single person over twenty - 

28584 one years of age, one-eighth of a section; to each family of two, 

28585 one quarter section ; to each family of three and not exceediug 

28586 five, one half section ; to each family of six and not exceeding 

28587 ten, one section ; and to each family exceeding ten in number, 

28588 one quarter section for every additional five members. And he 

28589 may prescribe such rules and regulations as will secure to the 

28590 family, in case of the death of the head thereof, the possession 

28591 and enjoyment of such permanent home and the improvements 

28592 thereon. And the President may, at any time in his discretion, 

28593 after such person or family has made a location on the land 

28594 assigned for a permanent home, issue a patent to such person or 

28595 family for such assigned' land, conditioned that the tract shall 

28596 not be aliened or leased for a longer term than two years, and 

28597 shall be exempt from levy, sale, or forfeiture, which conditions 

28598 shall continue in force until a State constitution embracing such 

28599 land within its boundaries shall have been formed, and the legis- 

28600 lature of the State shall remove the restrictions. And if any 

28601 such person or family shall at any time neglect or refuse to 

28602 occupy and till a portion of the land assigned, and on which 

28603 they have located, or shall rove from place to place, the Presi- 

28604 dent may, if the patent shall have been issued, revoke the same, 

28605 or, if not issued, cancel the assignment, and may also withhold 

28606 from such person or family their proportion of the annuities or 

28607 other moneys due them until they shall have returned to such 

28608 permanent home and resumed the pursuits of industry; and in 

28609 default of their return, the tract may be declared abandoned, 

28610 and thereafter assigned to some other person or family of such 

28611 confederate tribes, or disposed of as is provided for the disposal 

28612 of the excess of said land. And the residue of the land hereby 

28613 reserved, after all the Indian persons or families of such confed- 

28614 erate tribes shall have had assigned to them permanent homes, 

28615 may be sold for their benefit, under such laws, rules, or regula- 

28616 tions as may hereafter be prescribed by the Congress or Presi- 

28617 dent of the United States. No State legislature shall remove 

28618 the restriction herein provided for without the consent of Con- 

28619 gress. 

28620 Article 7. The United States will erect for said confeder- 

28621 ate tribes at their new home a grist and saw mill, and keep the 



640 



28622 same in repair, and provide a miller for the term of ten years ; 

28623 also erect a good blacksmith shop, supply the same with tools, 

28624 and keep it in repair for the term of ten years, and provide a 

28625 good blacksmith for a like period, and employ an experienced 

28626 farmer for ten years to instruct the Indians in agriculture. 

28627 Article 8. The annuities of the Indians shall not be taken 

28628 to pay the debts of individuals. 

28629 Article 9. The said confederate tribes acknowledge their 

28630 dependence on the Government of the United States, and prom- 

28631 ise to be friendly with all the citizens thereof, and pledge tkem- 

28632 selves to commit no depredations on the property of such citi- 

28633 zens. And should any one or more of the Indians violate this 
28631 pledge, and the fact be satisfactorily proven before the agent, 

28635 the property taken shall be returned, or in default thereof, or if 

28636 injured or destroyed, compensation may be made by the Govern- 
2S637 ment out of their annuities. Nor will they make war on any 

28638 other tribe except in self-defence, but will submit all matters of 

28639 difference between them and other Indians to the Government 

28610 of the United States, or its agent, for decision, and abide there- 

28611 by. And if any of the said Indians commit any depredations 

28612 on any other Indians, the same rule shall prevail as that pre- 

28613 scribed in this article in cases of depredations against citizens. 
28611 Article 10. The Ottoes and Missourias are desirous to ex- 
28615 elude from their country the use of ardent spirits and to pre- 
2864:6 vent their people from drinking the same; and therefore it is 

28617 provided that any one of them who is guilty of bringing liquor 

28618 into their country, or who drinks liquor, may have his or her 

28619 proportion of the annuities withheld from him or her for such 

28650 time as the President may determine. 

28651 Article 11. The said confederate tribes agree that all 'the 

28652 necessary roads, and highways, and railroads, which may be 

28653 constructed as the country improves, and the lines of which mav 
28651 run through their land west of the Big Blue Biver, shall have a 

28655 right of way through the reservation, a just compensation being 

28656 made therefor in money. 

28657 Article 12. The United States will pay to Lewis Barnard 

28658 the sum of three hundred dollars, he having been in the service 

28659 of the said tribes and they being unable to pay him. 

28660 Article 13. This treaty shall be obligatory on the con- 

28661 tracting parties as soon as the same shall be ratified by the 

28662 President and Senate of the United States. 

28663 Proclaimed June 21, 1851. 

28661 Franklin Pierce, President of the Uuited States of America, 

28665 to ail and singular to whom these presents shall come, 

28666 greeting : 

28667 Whereas a treaty was made and concluded at Nebraska 



28668 City, in the Territory of* Nebraska, on the ninth day of Decew- 

28669 ber, one thousand eight hundred and fifty-four, between ihe 

28670 United States of America and the chiefs and head-men of the 

28671 confederate tribes of the Ottoe and Missouria Indians, which 

28672 treaty is in the words following, to wit : 

2^673 Article of agreement and convention made and concluded at 

28674 Nebraska City, in the Territory of Nebraska, on the ninth 

28675 day of December, one thousand eight hundred and fifty-four, 

28676 between the United States of America, by George Hepner, 

28677 United States Indian agent, duly authorized thereto, and 

28678 the chiefs and head-men of the confederate tribes of the 
23679 Ottoe and Missouria Indians, to be taken and considered as 

28680 a supplement to the treaty made between the United States 

28681 and said confederate tribes, on the fifteenth day of March, 

28682 ore thousand eight hundred and fifty-four. 

28683 Whereas, by the first article of the treaty iu the caption 

28684 mentioned it is stipulated that the confederate tribes of Ottoe 

28685 and Missouria Indians cede to the United States all of their 

28686 country west of the Missouri River, exceptiug a strip of laud on 

28687 the waters of the Big Blue River, ten miles in width, and 

28688 bounded as follows : Commencing at a point in the middle of 

28689 the main branch of the Big Blue River, in a west or southwest 

28690 direction from old Fort Kearney, at a place called by the Indians, 

28691 the "Islands;" thence west to the western boundary of the 

28692 country hereby ceded ; thence in a northerly course with said 

28693 western boundary ten miles ; thence east to a point due north 

28694 of the starting point and ten miles therefrom ; thence to the 

28695 place of beginning. 

28696 And whereas, upon exploration of said reservation by the 

28697 said confederate tribes, it was found that they had been mis- 

28698 taken as to the location thereof, much the larger portion, or 

28699 nearly the entirety of it, being to the west of the Big Blue 

28700 River, and without sufficiency of timber, and they being dis- 

28701 satsified therewith, and the United States being desirous of re- 

28702 moving all cause of complaint, this article is entered into. 

28703 Article. It is agreed and stipulated between the United 

28704 States and the said confederate tribes of Ottoe and Missouria 

28705 Indians, that the initial point of their reservation, in lieu of that 

28706 stated in the treaty in the caption hereof mentioned, shall be a 

28707 point five miles due east thereof, thence west twenty-five miles : 

28708 thence north ten miles ; thence east to a point due north of the 

28709 starting point and ten miles therefrom ; thence to the place 

28710 of beginning; and the country embraced within said bound- 

28711 aries shall betaken and considered as the reservation and home 

28712 of said confederate tribes, in lieu of that provided for them and 

28713 described in the first article of said treaty. 

28714 Proclaimed April 19, 1855. 

Si IT 



642 



28715 PAWNEES. 

28716 Treaty with the Pawnee tribe. 

28717 For the purpose of perpetuating the friendship which has 

28718 heretofore existed, as also to remove all future cause of discus- 

28719 sion or dissension, as it respects trade and friendship between 

28720 the United States and their citizens, and the Pawnee tribe of 

28721 Indians, the President of the United States of America, by 

28722 Brigadier-General Henry Atkinson, of the United States Army, 

28723 and Major Benjamin O'Fallon, Indian agent, with full powers 
28721 and authority, specially appointed and commissioned for that 

28725 purpose, of the one part, and the undersigned chiefs, head-men, 

28726 and warriors of said Pawnee tribe of Indians, on behalf of their 

28727 tribe of the other part, have made and entered into the follow- 

28728 ing articles and conditions, which, when ratified by the Presi- 

28729 dent of the United States, by and with the advice and consent 

28730 of the Senate, shall be binding on both parties, to wit : 

28731 Aeticle 1. It is admitted by the Pawnee tribe of Indians, 

28732 that they reside within the territorial limits of the United 

28733 States, acknowledge their supremacy, and claim their protec- 

28734 tion. The said tribe also admit the right of the United States 

28735 to regulate all trade and intercourse with them. 

28736 Article 2. The United States agree to receive the Pawnee 

28737 tribe of Indians into their friendship and under their protec- 

28738 tion, and to extend to them, from time to time, such benefits and 

28739 acts of kindness as maybe convenient and seem just and proper 

28740 to the President of the United States. 

28741 Article 3. All trade and intercourse with the Pawnee 

28742 tribe shall be transacted at such place or places as maybe desig- 

28743 nated and pointed out by the President of the United States 

28744 through his agents ; and none but American citazens, duly au- 

28745 thorized by the United States, shall be admitted to trade or hold 

28746 intercourse with said tribe of Indians. 

28747 Article 4. That the Pawnee tribe may be accommodated 

28748 with such articles of merchandize, &c, as their necessaties may 

28749 demand, the United States agree to admit and licence traders 

28750 to hold intercourse with said tribe, under mild and equitable 

28751 regulations, in consideration of which, the said Pawnee tribe 

28752 bind themselves to extend protection to tbe persons and prop- 

28753 erty of the traders, and the persons legally employed under 

28754 them, whilst they remain within the limits of their p articular 

28755 district of country. And the said Pawnee tribe further agree 

28756 that if any foreigner or other person not legally authorized by 

28757 the United States shall come into their district of country, for 



643 



28758 the purposes of trade or other views, they will apprehend such 

28759 person or persons, and deliver him or them to some United 

28760 States superintendent' or agent of Indian Affairs, or to the 

28761 commandant of the nearest military post, to be dealt with ac- 

28762 cording to law. And they farther agree to give safe-conduct to 

28763 all persons who may be legally authorized by the United States 

28764 to pass through their country, and to protect in their persons 

28765 and property all agents or other persons sent by the United 

28766 States to reside temporarily among them ; nor will they, whilst 

28767 on their distant excursions, molest or interrupt any American 

28768 citizen or citizens who may be passing from the United States 

28769 to New Mexico, or returning from thence to the United States. 

28770 Article 5. That the friendship which is now established 

28771 between the United States and the Pawnee tribe shall not be 

28772 interrupted by the misconduct of individuals, it is hereby agreed 

28773 that for injuries done by individuals, no private revenge or re- 

28774 taliation shall take place, bat instead thereof complaints shall 

28775 be made by the party injured to the superintendent or agent of 

28776 Indian affairs, or other person appointed by the President; and 

28777 it shall be the duty of said chiefs, upon complaint being made 

28778 as aforesaid, to deliver up the person or persons against whom 

28779 the complaint is made, to the end that he or they may be pun- 

28780 ished agreeably to the laws of the United States. And, in like 

28781 manner, if any robbery, violence, or murder shall be committed 

28782 on any Indian or Indians belonging to said tribe, the person or 

28783 persons so offending shall be tried, and, if found guilty, shall be 

28784 punished in like manner as if the injury had been done to a white 

28785 man. And it is agreed that the chiefs of said Pawnee tribe shall, 
2S786 to the utmost of their power, exert themselves to recover horses 

28787 or other property which may be stolen or taken from any citizen 

28788 or citizens of the United States by any individual or individ- 

28789 uals of said tribe ; and the property so recovered shall be fort h - 

28790 with delivered to the agents or other person authorized to re- 

28791 ceive it, that it may be restored to the proper owner. And the 

28792 United States hereby guarranty to any Indian or Indians of said 

28793 tribe a full indemnification for any horses or other property 

28794 which may be stolen from them by any of their citizens : Pro- 

28795 vided, That the property stolen cannot be recovered, and that 

28796 sufficient proof is produced that it was actually stolen by a citi- 

28797 zen of the United States. And the said Pawnee tribe engage, 

28798 on the requisition or demand of the President of the United 

28799 States, or of the agents, to deliver up any white man resident 

28800 among them. 

28801 Article 6. And the chiefs and warriors as aforesaid proin- 

28802 ise and engage that their tribe will never, by sale, exchange, or 

28803 as presents, supply any nation, tribe, or baud of Indians not in 



b'44 



28804 amity with the United States, with guns, ammunition, or other 

28805 implements of war. 

28806 Proclaimed February 6, 1826. 

28807 PAWNEES GRAND. 

28808 A treaty of peace and friendship made and concluded by and 

28809 between William Clark and Auguste Chouteau, commissioners 

28810 of the United States of America, on the part and behalf of the 

28811 said States, of the one part, and the undersigned chiefs and 

28812 warriors of the Grand Pa wnee tribe, on the part and behalf of 

28813 their said tribe, of the other part. 

28814 The parties, being desirous of establishing peace and friend- 

28815 ship between the United States and the said tribe, have agreed 

28816 to the following articles : 

28817 ArticXiE 1. Every injury or act of -hostility by one or 

28818 either of the contracting parties against the other shall be urn- 

28819 tually forgiven and forgot. 

28820 Article 2. There shall be perpetual peace and friendship 

28821 between all the citizens of the United States of America and 

28822 all the individuals composing the said Grand Pawnee tribe. 

28823 Article 3. The undersigned chiefs and warriors, for them- 

28824 selves and their said tribe, do hereby acknowledge themselves 
28S25 to be under the protection of the United States of America, and 

28826 of no other nation, power, or sovereign whatsoever. 

28827 Article 4. The undersigned chiefs and warriors, for them- 

28828 selves and the tribe they represent, do moreover promise and 

28829 oblidge themselves to deliver up, or cause to be delivered up. to 

28830 the authority of the United States, (to be punished according to 

28831 law,) each and every individual of the said tribe who shall, at 

28832 any time hereafter, violate the stipulations of the treaty this day 

28833 concluded between the said tribe and the said United States. 
28831 Proclaimed January 7, 1819. 

28835 PAWNEE MARHAR. 

28836 A treaty of peace and friendship made and concluded by and between 
28S37 William Clark and Auguste Chouteau, commissioners of the 

28838 United States of America, on the part and behalf of the said 

28839 States, of the one part, and the undersigned chiefs and war- 

28840 riors of the Pawnee Marhar tribe, on the part and behalf of 

28841 their said tribe, of the other part. 

28842 The parties, being desirous of establishing peace and Mend- 
2>843 ship between the United Spates and the said tribe, have agreed 
28844 to the following articles : 



645 



28845 Article 1. Every injury or act of hostility by one or either 

28846 of the contracting parties against the other shall be mutually 

28847 forgiven and forgot. 

28848 Article 2. There shall be perpetual peace and friendship 

28849 between all the citizens of the United States of America and 
28S50 all the individuals composing the said Pawnee tribe. 

28851 Article 3. The undersigned chiefs and warriors, for them- 

28852 selves and their said tribe, do hereby acknowledge themselves to 

28853 be under the protection of the United States of America, and of 

28854 no other nation, power, or sovereign whatsoever. 

28855 Article 4. The undersigned chiefs and warriors, for them- 

28856 selves and the tribe they represent, do moreover promise and 

28857 oblidge themselves to deliver up, or to cause to be delivered up, 

28858 to the authority of the United States, (to be punished according 

28859 to law,) each and every individual of the said tribe who shall, 

28860 at any time hereafter, violate the stipulations of the treaty this 

28861 day concluded between the said Pawnee Marhar tribe and the 

28862 said States. 

28863 Proclaimed January 5, 1812. 



28864 



PAWXEES — PITA VIE ATE XOISY TRIBE. 



28865 
28866 
28867 
28868 
28869 
28870 

28871 
28872 
28873 
28874 
28875 
28876 
28877 
28878 
28879 
28880 
28881 
28882 
28883 
28884 
28885 



A treaty of peace and friendship made and concluded by and between 
William Clark and Auguste Chouteau, commissioners of the 
United States of America, on the part and behalf of the said 
States, of the one part, and the wider signed chiefs and icarriors 
of the Pitavirate Xoisy Pawnee tribe, on the part and behalf of 
their said tribe, of the other part. 

The parties, being desirous of establishing peace and friend- 
ship between the United States and the said tribe, have agreed 
to the following articles : 

Article 1. Every injury or act of hostility by one or either 
of the contracting parties against the other shall be mutually 
forgiven and forgot. 

Article 2. There shall be perpetual peace and friendship 
between all the citizens of the United States of America and all 
the individuals composing the said Xoisy Pawnee tribe. 

Article 3. The undersigned chiefs and warriors, for them- 
selves and their said tribe, do hereby acknowledge themselves 
to be under the protection of the United States of America, and 
of no other nation, power, or sovereign whatsoever. 

Article 4. The undersigned chiefs and warriors, for them- 
selves and the tribe they represent, do moreover promise and 



646 



2S886 oblige themselves to deliver up, or cause to be delivered up, to 

28887 the authority of the United States, (to be punished according to 

28888 law,) each and every individual of the said tribe who shall, at 
28S89 any time hereafter, violate the stipulations of the treaty this day 

28890 concluded between the said Noisy Pawnee tribe and the said 

28891 States. 

28892 Proclaimed January 7, 1819. 



28893 PAWNEE EEPUBLIC. 

28894 A treaty of peace and friendship made and concluded by and be- 

28895 tween William Clark and Augusie Chouteau, commissioners 

28896 of the United States of America, on the part and behalf of the 

28897 said States, of the one part, and the undersigned chiefs and 

28898 warriors of the Pawnee Republic, on the part and behalf of 

28899 their tribe, of the other part. 

28900 The parties, being desirous of establishing peace and friend- 

28901 ship between the United States and the said tribe, have agreed 

28902 to the following articles : 

28903 Article 1. Every injury or act of hostility by one or 

28904 either of the contracting parties against the other shall be 

28905 mutually forgiven and forgot. 

28906 Article 2. There shall be perpetual peace and friendship 

28907 between all the citizens of the United States of America and 

28908 all the individuals composing the said Pawnee tribe. 

28909 Article 3. The undersigned chiefs and warriors, for them- 

28910 selves and their said tribe, do hereby acknowledge themselves 

28911 to be under the protection of the United States of America, and 

28912 of no other nation, power, or sovereign whatsoever. 

28913 Article 4. The undersigned chiefs and warriors, for them - 

28914 selves and the tribe they represent, do moreover promise and 

28915 oblidge themselves to deliver up, or to cause to be delivered up, 

28916 to the authority of the United States, (to be punished according 

28917 to law,) each and every individual of the said tribe who shall, 

28918 at any time hereafter, violate the stipulations of the treaty this 

28919 day concluded between the said Pawnee Republic and the said 

28920 States. 

28921 Proclaimed January 17, 1819. 



647 



28922 



PATVNES— GRAND, LOUPS, REPUBLICANS, ETC. 



28923 Treaty icith the Paicnees ; articles of agreement and convention 

2892 4 made this sixth day of August, A. D. 1848, at Fort Child*, 

28925 near the head of Grand Island, on the south side of the 

28926 Nebraska or Great Platte River, beticeen Lieutenant- Colonel 

28927 Ludicell E. Poicell, commanding battalion Missouri Mounted 

28928 Volunteers, en route to Oregon, in behalf of the United States^ 

28929 and the chiefs and head-men of the four confederated bands of 

28930 Paicnees, viz : Grand Pawnees, Pawnee Loujps, Pawnee Rej>ub- 

28931 Means, and Pawnee Tappage, at present residing on the south 

28932 side of the Platte River. 

28933 Article 1. The confederated bands of the Pawnees hereby 

28934 cede and relinquish to the United States all their right, title, 

28935 and interest in and to all that tract of land described as follows, 

28936 viz : Commencing on the south, side of the Platte River, five 

28937 miles west of this post, u Fort Guilds ; w thence due north to the 

28938 crest of the bluffs north of said Platte River ; thence east and 

28939 along the crest of said bluffs to the termination of Grand 

28940 Island, supposed to be about sixty miles distant; thence south 

28941 to the southern shore of said Platte River ; and thence west and 

28942 along the southern shore of the said Platte River to the place 

28943 of beginning. 

28944 The land hereby conveyed is designated within the red lines 

28945 of the following plat : 

28946 [Xote. — The red lines in the original plat are designated by 

28947 dotted lines in this copy. 




LAT.40'33' 
L0NG.39°NEkRlY 

28948 Article 2. In consideration of the land hereby ceded and 

28949 relinquished, the United States has this day paid, through Oap- 

28950 tain Stewart Van Tliet, assistant quartermaster United States 

28951 Army, under an order from Lieutenant Colonel Ludwell E. 

28952 Powell, commanding battalion Missouri Mounted Volunteers, to 



648 



28953 the said four bauds collectively, ou the execution of this treaty, 

28954 the amount of two thousand dollars in goods and merchandise, 

28955 the receipt of which is hereby acknowledged. 

28956 Article 3. The United States shall have the privilege of 

28957 using any hard timber that may at any time be needed situate 

28958 upon Wood River, im mediately north of the land hereby con- 

28959 veyed. 

28960 Article 4. The Pawnee Nation renew their assurance of 

28961 friendship for the white men, their fidelity to the United States, 

28962 and their desire for peace with all the neighboring tribes of In- 

28963 dians. 

28964 The Pawnee Nation, therefore, faithfully promise not to 

28965 molest or injure the property or person of any white citizen of 

28966 the United States wherever found, nor to make war upon any 

28967 tribes with whom said Pawnee tribes now are, or may hereafter 

28968 be, at peace; but, should any difficulty arise, they agree to refer 

28969 the matter in dispute to such arbitration as the President of the 

28970 United States may direct. 

28971 Article 5. These articles of agreement and convention 

28972 shall be binding and obligatory from this sixth day of August, 

28973 A. D. 1848. 

28974 Ratified January 8, 1849. 



28975 Articles of agreement and convention made this ninth day of Oc- 

28976 tober, A. D. 1833, at the Grand Pawnee village, on the Platte 

28977 River, between Henry L, Ellsworth, commissioner in behalf of 

28978 the United States, and the chiefs and head-men of the four con- 

28979 federated bands of Pawnees, viz: Grand Pawnees, Pawnee 

28980 Loups, Pawnee Republicans, and Pawnee Tappaye, residing on 

28981 the Platte and the Loup Fork. 

28982 Article 1. The confederated bands of Pawnees aforesaid 

28983 hereby cede and relinquish to the United States all their right, 

28984 interest, and title in and to all the land lying south of the Platte 

28985 River. 

28986 Article 2. The land ceded and relinquished hereby, so far 

28987 as the same is not and shall not be assigned to any tribe or tribes, 

28988 shall remain a common hunting-ground, during the pleasure of 

28989 the President, for the Pawnees and other friendly Indians, who 

28990 shall be permitted by the President to hunt on the same. 

28991 Article 3. The United States, in consideration of said ces- 

28992 sion, and for the purpose of advancing the welfare of the said 

28993 Pawnees, agree to pay said bands annually, for the term of 

28994 twelve years, the sum of forty-six hundred dollars in goods, at 

28995 not exceeding St. Louis prices, as follows : to the Grand Paw- 

28996 nees and Republican villages, each, thirteen hundred dollars, 



649 



28997 and to the Pawnee Loups and Tappaye Pawnee villages, each, one 

28998 thousand dollars, and said annuity to said Grand Pawnees is in 

28999 full remuneration for removal from the south to the north side 

29000 of the Platte, and building again. 

29001 Article 4. The United States agree to pay to each of said 

29002 four bands, for five years, the sum of five hundred dollars, in 

29003 agricultural implements ; and to be continued longer if the 

29004 President thinks proper. 

29005 Article 5. The United States agree to allow one thousand 

29006 dollars a year for ten years, for schools, to be established for the 

29007 benefit of said four bands at the discretion of the President. 

29008 Article 6. The United States agree to furnish two black - 

29009 smiths and two strikers, with shop, tools, and iron, for ten years, 

29010 for said four bands, at an expense not exceeding two thousand 

29011 dollars in the whole annually. 

29012 Article 7. The United States agree to furnish each of said 

29013 four tribes with a farmer for five years, and deliver to said 

29014 farmers, for the benefit of said nation, one thousand dollars value 

29015 in oxen and other stock. But said stock is not to be delivered 

29016 into the hands of the said Pawnees until the President thinks 

29017 the same can be done with propriety and safety. 

29018 Article .8. The United States agree to erect, for each of 

29019 said four bands, a horse-mill for grinding corn. 

29020 Article 9. The Pawnee Nation renew their assurance of 

29021 friendship for the white men, their fidelity to the United States, 

29022 and their desire for peace with all neighboring tribes of red-men , 

29023 The Pawnee Nation therefore agree not to molest or injure the 

29024 person or property of any white citizen of the United States, 

29025 wherever found, nor to make war upon any tribe with whom said 

29026 Pawnee Nation now are, or may be, at peace; but should any 

29027 difficulty arise between said nation and any other tribe, they 

29028 agree to refer the matter in dispute to such arbiter as the Pres- 

29029 ident shall appoint to settle the same. 

29030 Article 10. It is agreed and understood that the United 

29031 States shall not be bound to fulfil the stipulations contained in 

29032 the fifth, seventh, and eighth articles until said tribes shall lo- 

29033 cate themselves in convenient agricultural districts, and remain 

29034 in these districts the whole year, so as to give protection to the 

29035 teachers, the farmers, stock, and mill. 

29036 Article 11. The United States, desirous to show the Paw- 

29037 nees the advantages of agriculture, engage, in case the Pawnees 

29038 cannot agree to remain to protect their domestic interest, to 

29039 break up for each village a piece of land suitable for corn and 

29040 potatoes for one season; and should either village at any time 

29041 agree to give the protection required, said village shall be en- 

82 i t 



650 



29042 titled to the benefits conferred in said fifth, seventh, and eighth 

29043 articles. 

29044 Article 12. In case the Pawnee Nation will remain at 

29045 home during the year, and give the protection specified, the 

29046 United States agree to place twenty-five guns, with suitable 

29047 ammunition, in the hands of the farmers ^of each village, to be 

29048 used in case of an attack from hostile bands. 

29049 Article 13. The United States further agree to deliver to 

29050 said fonr bands collectively, on the execution of this treaty, the 

29051 amount of sixteen hundred dollars in goods and merchandise, 

29052 and the receipt of the same is hereby acknowledged by said 

29053 bands. 

29054 Article 14. These articles of agreement and convention 

29055 shall be obligatory and binding when ratified by the President 

29056 and Senate of the United States. 

29057 Proclaimed April 12, 1834. 

29058 By the President of the United States of America : 

29059 A PROCLAMATION. 

29060 To all and singular to whom these presents shall come, greeting : 

29061 Whereas a treaty was made and concluded at Table Creek, 

29062 in the Territory of Nebraska, on the twenty-fourth day of Sep- 

29063 tember, one thousand eight hundred and fifty-seven, between 

29064 the United States of America, by James W. Denver, commis- 

29065 sioner duly authorized thereto, and the chiefs and head-men of 

29066 the four confederate bands of Pawnee Indians, viz: Grand 

29067 Pawnees, Pawnee Loups, Pawnee Eepnblicans, and Pawnee 

29068 Tappahs, and generally known as the Pawnee tribe, which treaty 

29069 is in the following words, to wit : 

29070 Articles of agreement and convention made this twenty-fourth 

29071 day of September, A. D. 1857, at Table Creek, Nebraska 

29072 Territory, between James W. Denver, commissioner on be- 

29073 half of the United States, and the chiefs and head-men of 

29074 the four confederate bands of Pawnee Indians, viz : Grand 

29075 Pawnees, Pawnee Loups, Pawnee Eepnblicans, and Pawnee 

29076 Tappahs, and generally known as the Pawnee tribe. 

29077 Article 1. The confederated bands of the Pawnees afore- 

29078 said hereby cede and relinquish to the United States all their 

29079 right, title, and interest in and to all the lands now owned or 

29080 claimed by them, except as hereinafter reserved, and which are 

29081 bounded as follows, viz : On the east by the lands lately pur- 

29082 chased by the United States from the Omahas ; on the south by 

29083 the lands heretofore ceded by the Pawnees to the United States ; 

29084 on the west by a line running due north from the junction of 



631 



290S5 the North with the South Fork of the Platte River to the Keha- 

29086 Paha Elver; and on the north by the Keha-Paha Paver to its 

29087 junction with the Niobrara, L'eanqni Court, or Punning- Water 
290SS River; and thence, by that river, to the western boundary of the 

29089 late Omaha cession. Out of this cession the Pawnees reserve a 

29090 tract of country, thirty miles long from east to west by fifteen 

29091 miles wide from north to south, including both banks of the 

29092 Loup Fork of the Platte River, the east line of which shall be 

29093 at a point not further east than the mouth of Beaver Creek. If. 

29094 however, the Pawnees, in conjunction with the United States 

29095 agent, shall be able to find a more suitable locality for their 
29090 future homes within said cession, then they are to have the 

29097 privilege of selecting an equal quantity of land there in lieu of 

29098 the reservation herein designated, all of which shall be done as 

29099 soon as practicable : and the Pawnees agree to remove to their 

29100 new homes, thus reserved for them, without cost to the United 

29101 States, within one year from the date of the ratification of this 

29102 treaty by the Senate of the United States, and. until that time, 

29103 they shall be permitted to remain where they are now residing, 
29101 without molestation. 

29105 Article 2. In consideration of the foregoing cession, the 

2910(3 United States agree to pay to the Pawnees the sum of forty 

29107 thousand dollars per annum, for live years, commencing on the 

29108 first day of January. A. D. eighteen hundred and fifty-eight 

29109 and, after the end of five years, thirty thousand dollars per an- 

29110 num. as a perpetual annuity, at least one-half of which annual 

29111 payments shall be made in goods and such articles as may be 

29112 deemed necessary for them. 

29113 And it is further agreed that the President may. at any 

29114 time, in his discretion, discontinue said perpetuity by causing 

29115 the value of a fair commutation thereof to be paid to or ex- 

29116 pended for the benefit of said Indians in such manner as to him 

29117 shall seem proper. 

29118 Article 3. In order to improve the condition of the Paw- 

29119 nees and teach them the arts of civilized life, the United States 

29120 agree to establish among them, and for their use and benefit. 

29121 two manual-labor schools, to be governed by such rules and 

29122 regulations as may be prescribed by the President of the United 

29123 States, who shall also appoint the teachers, and, if he deems it 

29124 necessary, may increase the number of schools to four. In these 

29125 schools there shall be taught the various branches of a common. 

29126 school education, and, in addition, the arts of agriculture, the 

29127 most useful mechanical arts, and whatever else the President 
2912S may direct. The Pawnees, on their part, agree that each and 

29129 every one of their children, between the ages of seven and 

29130 eighteen years, shall be kept constantly at these schools for at 



652 



29131 least nine months in each year ; and if any parent or guardian 

29132 shall fail, neglect, or refuse to so keep the child or children under 

29133 his or her control at such school, then, and in that case, there 

29134 shall be deducted from the annuities to -which such parent or 

29135 guardian would be entitled, either individually or as parent or 

29136 guardian, an amount equal to the value in time of the tuition thus 

29137 lost; but the President may at any time change or modify this 

29138 clause as he may think proper. The chiefs shall be held re- 

29139 sponsible for the attendance of orphans who have no other 

29140 guardians; and the United States agree to furnish suitable 

29141 houses and farms for said schools, and whatever else may be 

29142 necessary to put them in successful operation ; and a sum not 

29143 less than five thousand dollars per annum shall be applied to 

29144 the support of each school, so long as the Pawnees shall, in 
29115 good faith, comply with the provisions of this article; but if at 

29146 any time the President is satisfied they are not doing so, he 

29147 may, at his discretion, discontinue the schools in whole or in 

29148 part. 

29149 Article 4. The United States agree to protect the Paw- 

29150 nees in the possession of their new homes. The United States also 

29151 agree to furnish the Pawnees— 

29152 First, with two complete sets of blacksmith, gunsmith, and 

29153 tinsmith tools, not to exceed in cost seven hundred and fifty 

29154 dollars ; and erect shops at a cost not to exceed five hundred 

29155 dollars; also five hundred dollars annually, during the pleasure 

29156 of the President, for the purchase of iron, steel, and other ne- 

29157 cessaries for the same. The United States are also to furnish 

29158 two blacksmiths, one of whom shall be a gunsmith and tinsmith; 

29159 but the Pawnees agree to furnish one or two young men of their 

29160 tribe to work constantly in each shop as strikers or apprentices, 

29161 who shall be paid a fair compensation for th eir labor. 

29162 Second. The United States agree to furnish farming utensils 

29163 and stock, worth twelve hundred dollars per annum, for ten 

29164 years, or during the pleasure of the President, and for the first 

29165 year's purchase of stock, and for erecting shelters for the same, 

29166 an amount not exceeding three thousand dollars, and also to em- 

29167 ploy a farmer to teach the Indians the arts of agriculture. 

29168 Third. The United States agree to have erected on said 

29169 reservation a steam -mill, suitable to grind grain and to saw lum- 

29170 ber, which shall not exceed in cost six thousand dollars, and to 

29171 keep the same in repair for ten years ; also, to employ a miller 

29172 and engineer for the same length of time, or longer, at the dis- 

29173 cretion of the President; the Pawnees agreeing to furnish ap. 

29174 prentices, to assist in working the mill, who shall be paid a fair 

29175 compensation for their services. 

29176 Fourth. The United States agree to erect clwelliag-houses 



653 



29177 for the interpreter, blacksmiths, farmer, miller, and engineer, 

29178 which shall not exceed in cost five hundred dollars each ; and 

29179 the Pawnees agree to prevent the members of their tribe from 

29180 injuring or destroying the houses, shops, machinery, stock, farm 

29181 ing utensils, and all other things furnished by the Government, 

29182 and if any such shall be carried away, injured, or destroyed by 

29183 any of the members of their tribe, the value of the same shall be 

29184 deducted from the tribal annuities. Whenever the President 

29185 shall become satisfied that the Pawnees have sufficiently ad- 

29186 vanced in the acquirement of a practical knowledge of the arts 

29187 and pursuits to which this article relates, then, and in that case, 

29188 he may turn over the property to the tribe, and dispense with 

29189 the services of any or all of the employees hereiu named. 

29190 Article 5. The Pawnees acknowledge their dependence 

29191 on the Government of the United States, and promise to be 

29192 friendly with all the citizens thereof, and pledge themselves to 

29193 commit no depredations on the property of such citizens, nor on 
29191 that of any other person belonging to any tribe or nation at 

29195 peace with the United States. And should any one or more of 

29196 them violate this pledge, and the fact be satisfactorily proven 

29197 before the agent, the property taken shall be returned, or, in de- 

29198 fault thereof, or if injured or destroyed, compensation may be 

29199 made by the Government out of their annuities. Xor will they 

29200 make war on any other tribe, except in self-defence, but will sub- 

29201 mit all matters of difference between them and other Indians to 

29202 the Government of the United States, or its agent, for decision, 

29203 and abide thereby. 

29204 Article 6. The United States agent may reside on or near 

29205 the Pawnee reservation ; and the Pawnees agree to permit the 

29206 United States to build forts and occupy military posts on their 

29207 lauds, and to allow the whites the right to open roads through 

29208 their territories ; but no white person shall be allowed to reside on 

29209 any part of said reservation unless he or she be in the employ of 

29210 the United States, or be licensed to trade with said tribe, or be 

29211 a member of the family of such employe or licensed trader : nor 

29212 shall the said tribe, or any of them, alienate any part of said 

29213 reservation except to the United States; but, if they think 

29214 proper to do so, they may divide said lands among themselves. 

29215 giving to each person, or each head of a family, a farm, subject 

29216 to their tribal regulations, but in no instance to be sold or dis- 

29217 posed of to persons outside, or not themselves of the Pawnee 

29218 tribe. 

29219 Article 7. The United States agree to furnish, in addition 

29220 to the persons heretofore mentioned, six laborers for three years, 

29221 but it is expressly understood that while these laborers are to 

29222 be under the control and subject to the orders of the United 



654 



29223 States agent, they are employed more to teach the Pawnees how 

29224 to manage stock and use the implements furnished than as 

29225 merely laboring for their benefit ; and for every laborer thus 

29226 famished by the United States, the Pawnees engage to furnish 

29227 at least three of their tribe to work with them, who shall also 

29228 be subject to the orders of the agent, and for whom the chiefs 

29229 shall be responsible. 

29230 Article 8. The Pawnees agree to deliver up to the officers 

29231 of the United States all offenders against the treaties, laws, or 

29232 regulations of the United States, whenever they may be found 

29233 within the limits of their reservation ; and they further agree 

29234 to assist such officers in discovering, pursuing, and capturing 

29235 any such offender or offenders, anywhere, whenever called on so 

29236 to do ; and they agree, also, that if they violate any of the 

29237 stipulations contained in this treaty, the President may, at his 
2923S discretion, withhold a part or the whole of the annuities herein 

29239 provided for. 

29240 Article 9. The Pawnees desire to have some provision 

29241 made for the half-breeds of their tribe. Those of them who 

29242 have preferred to reside and are now residing in the nation, are 

29243 to be entitled to equal rights and privileges with other members 

29244 of the tribes, but those who have chosen to follow the pursuits 

29245 of civilized life, and to reside among the whites, viz : Baptiste 

29246 Bayhylle, William Bayhylle, Julia Bayhylle, Frank Tatahyee, 

29247 William Nealis, Julia Xealis, Catharine Papan, Politte Papan, 

29248 Rousseau Papan, Charles Papan, Peter Papan, Emily Papan, 

29249 Henry Geta, Stephen Geta, James Cleghorn, Eliza Deroine, are 

29250 to be entitled to scrip for one hundred and sixty acres, or one 

29251 quarter section of land for each, provided application shall be 

29252 made for the same within five years from this time, which scrip 

29253 shall be receivable at the United States land-offices the same as 

29254 military bounty-land warrants, and be subject to the same rules 

29255 and regulations. 

29256 Article 10. Samuel Allis has long been the firm friend of 

29257 the Pawnees, and in years gone by has ministered to their wants 

29258 and necessities. When in distress, and in a state of starvation, 

29259 they took his property and used it for themselves, and when the 

29260 small-pox was destroying them, he vaccinated more than two 

29261 thousand of them ; for all these things, the Pawnees desire that 

29262 he shall be paid, but they think the Government should pay a 

29263 part. It is therefore agreed that the Pawnees will pay to said 

29264 Allis one thousand dollars, and the United States agree to pay 

29265 him a similar sum of one thousand dollars, as a full remunera- 

29266 tion for his services and losses. 

29267 Article 11. Ta-ra-da-ka-wa, head-chief of the Tappahs 

29268 band, and four other Pawnees, having been out as guides for 



655 



29269 the United States troops in their late expedition against the 

29270 Cheyennes, and having to return by themselves, were overtaken 

29271 and plundered of everything given them by the officers of the 

29272 expedition, as veil as their own property, barely escaping with 

29273 their lives ; and the value of their services being fully acknowl- 

29274 edged, the United States agree to pay to each one of them one 

29275 hundred dollars, or, in lien thereof, to give to each a horse worth 

29276 one hundred dollars in value. 



29277 Article 12. To enable the Pawnees to settle any just 

29278 claims at present existing against them, there is hereby set 

29279 apart, by the United States, ten thousand dollars, ont of which 

29280 the same may be paid, when presented, and proven to the satis* 
292S1 faction of the proper department j and the Pawnees hereby re- 

29282 linquish all claims they may have against the United States 

29283 under former treaty stipulations. 

29284 Proclaimed May 26, 185S. 

29285 PIAXKISHAWS. 

29286 A treaty between the United States of America and the Piankeshaw 

29287 tribe of Indians. 

29288 The President of the United States, by William Henry Har- 



29289 rison, governor of the Indiana Territory, superintendent of In- 

29290 dian affairs, and commissioner plenipotentiary of the United 

29291 States for concluding any treaty or treaties which may be found 

29292 necessary with any of the Indian tribes northwest of the river 

29293 Ohio : and the chiefs and head-men of the Piankeshaw tribe, 

29294 have agreed to the following articles, which, when ratified by 

29295 the President of the United States, by and with the advice and 

29296 consent of the Senate, shall be binding upon the said parties. 

29297 Article 1. The Piankeshaw tribe relinquishes and cedes 

29298 to the United States forever all that tract of country which lies 

29299 between the Ohio and TVabash Eivers, and below Clark's grant, 

29300 and the tract called the Viuceunes tract, which was ceded by 

29301 the treaty of Fort Wayne, and a line connecting the said tract 

29302 and grant, to be drawn parallel to the general course of the road 

29303 leading from Yincennes to the Falls of the Ohio, so as not to pass 
29301 more than half a mile to the northward of the most northerly 

29305 bend of said road. 

29306 Article 2. The Piankeshaw tribe acknowledges explicitly 

29307 the right of the Kaskaskia tribe to sell the country which they 

29308 have lately ceded to the United States, and which is separated 

29309 from the lands of the Piankeshaws by the ridge or high laud 

29310 which divides the waters of the TVabash from the waters of the 



656 



29311 Saline Creek j and by that which divides the waters of the said 

29312 Wabash from those which flow into the Au-vase and other 

29313 branches of the Mississippi. 

29314 Article 3. An additional annuity of two hundred dollars 

29315 shall be paid by the United States to the said tribe for ten years, 
2931G in money, merchandize, provisions, or domestic animals, and 

29317 implements of husbandry, at the option of the said tribe ; and 

29318 this annuity, together with goods to the value of seven hundred 

29319 dollars, which are now delivered to them by the commissioner 

29320 of the United States, is considered as a full compensation for 

29321 the above-mentioned relinquishment. 

29322 Article 4. The United States reserve to themselves the 

29323 right of dividing the whole annuity which they pay to the said 

29324 tribe amongst the families which compose the same; allowing 

29325 always a due proportion for the chiefs. And the said chief?, 

29326 whenever the President of the United States may require it, 

29327 shall, upon proper notice being given, assemble their tribe for 

29328 the purpose of effecting this arrangement. 

29329 Proclaimed February 6, 1805. 



29330 A treaty between the United States of America and the PianTciskaw 

29331 tribe of Indians. 

29332 Articles of a treaty made at Yiucennes, in the Indian Territory, 

29333 between William Henry Harrison, governor of the said Ter- 

29334 ritory, superintendent of Indian affairs and commissioner 

29335 plenipotentiary of the United States for concluding any 

29336 treaty or treaties which may be found necessary with any of 

29337 the Indian tribes northwest of the Ohio, of the one part, 

29338 and the chiefs and head-men of the Piankishaw tribe of the 

29339 other part. 

29340 Article 1. The Piankishaw tribe cedes and relinquishes 

29341 to the United States forever all that tract of country (with the 

29342 exception of the reservation hereinafter made) which lies be- 

29343 tween the Wabash and the tract ceded by the Kaskaskia tribe in 
L'9344 the year one thousand eight hundred and three, and south of a 
29345 line to be drawn from the northwest corner of the Tincennes 

tract, north seventy-eight degrees west, until it intersects the 

9347 boundary-line which has heretofore separated the lands of the 

29348 Piankeskaws from the said tract ceded by the Kaskaskia tribe. 

29349 Article 2. The United States take the Piankishaw tribe 

29350 under their immediate care and patronage, and will extend to 

29351 tbem a protection as effectual as that which is enjoyed by the 

29352 Kaskaskia tribe ; and the said Piankishaw tribe will never com- 

29353 mit any depredations or make war upon any of the other tribes 

29354 without the consent of the United States. 



to 

9 



657 



29355 Article 3. The said United States will cause to be deliv- 

2935G ered to the Piankishaws yearly, and every year, an additional 

29357 annuity of three hundred dollars, which is to be p lid in the same 

29358 manner and under the same conditions as that to which they are 

29359 entitled by the treaty of Greenville : Provided, always, That the 

29360 United States may, at an y time they shall think proper, divide 

29361 the said annuity amongst the individuals of the said tribe. 

29362 Article 4. The stipulations made in the preceding articles, 

29363 together with the sum of one thousand one hundred dollars, 

29364 which is now delivered, the receipt whereof the said chiefs do 

29365 hereby acknowledge, is considered a full compensation for the 

29366 cession and relinquishments above mentioned. 

29367 Article 5. As long as the lands now ceded remain the 

29368 property of the United States, the said tribe shall have the priv- 

29369 ilege of living and hunting upon them in the same manner that 

29370 they have heretofore done; and they reserve to themselves the 

29371 right of locating a tract of two square miles, or twelve hundred 

29372 and eighty acres, the fee of which is to remain with them forever. 

29373 Article 6. This treaty shall be in force as soon as it shall 

29374 be ratified by the President of the United States, by and with 

29375 the advice of the Senate. 

29376 Proclaimed May 23, 1807. 

29377 A treaty of peace and friendship made and concluded between 

29378 William Clark, Ninian Edicards, and Auguste Chouteau, com- 

29379 missioners plenipotentiary of the United States of America, on 

29380 the part and behalf of the said States, of the one part, and the 

29381 undersigned, chiefs and warriors of the Piankishaw Tribe or 

29382 Nation, on the part and behalf of the said tribe or nation, of 

29383 the other part. 

29384 The parties being anxious of re-establishing peace and 

29385 friendship between the United States and the said tribe or 

29386 nation, and of being' placed in all things and in every respect 

29387 ou the same footing upon which they stood before the war, have 

29388 agreed to the following articles : 

29389 Article 1. Every injury or act of hostility by one or either 

29390 of the contracting parties against the other shall be mutually 

29391 forgiven and forgot. 

29392 Article 2. There shall be perpetual peace and friendship 

29393 between all the citizens of the United States of America and all 
29394: the individuals composing the Piankishaw tribe or nation. 

29395 Article 3. The contracting parties, in the sincerity of mu- 

29396 tual friendship, recognise, re-establish, and confirm all and every 

29397 treaty, contract, or agreement heretofore concluded between the 

29398 United States and the said Piankishaw tribe or nation. 

29399 Ratified December 26, 1815. 

83 it 



658 



29400 PIAXKISHAWS AXD WEAS. 

29401 Articles of a treaty made and concluded at Castor Hill, in the county 

29402 of Saint Louis, and State of Missouri, between William Clark. 

29403 Frank J. Allen, and Nathan Kouns, commissioners on the part 

29404 of the United States, of the one part, and the undersigned chiefs. 

29405 warriors, and counsellors, of the PianJceshair and Wea tribe* 
29400 of Indians, in behalf of their sa id tribes, of the other part. 

29407 Aeticle 1. The undersigned chiefs, warriors, and consid- 



2940S erate men, for themselves and their said tribes, for and in con- 

29409 sideration of the stipulations hereinafter made, do hereby cede 

29410 and relhiQush to the United States forever, all their right, title. 

29411 and interest to and in lands within the States of Missouri and 

29412 Illinois — hereby confirming all treaties heretofore made between 

29413 their respective tribes and the United States, and relinquishing 

29414 to them all claim to every portion of their land which may have 

29415 been ceded by any portion of their said tribes. 

29416 Aeticle 2. The United States cede to the Piankeshaw and 

29417 Wea tribes, for their permanent residence, two hundred and fifty 
2941S sections of land within the limits of the survey of the lands set 

29419 apart for the Piankeshaws, AVeas. and Peorias, bounded east 

29420 by the western boundary line of the State of Missouri, for fifteen 
29421. miles: north by the southern boundary of the lands assigned 

29422 to the Shawanoes: west by lands assigned to the Peorias and 

29423 Kaskaskias, and south by the southern line of the original tract 

29424 surveyed for the Piankeshaws. Weas 3 and Peorias. jthe tract being 

29425 intended to include the present villages of the said Piankeshaws 

29426 and Weas. 

29427 Aeticle 3. As a full equivalent to the said Piankeshaw 
2942S tribe for their claim for salt annuities, for improvements on the 

29429 lands they moved from within the State of Missouri, and for 

29430 horses lost when moving, the United States agree to pay them 

29431 after the ratification of this treaty, cattle, hogs, and such farni- 

29432 ing utensils as may be required by said tribe on their land, to 

29433 the amount of five hundred dollars annually, for five years : the 

29434 sum of seven hundred and fifty dollars will also be expended in 

29435 assistance to said tribe in agriculture, and improvements on the 

29436 land hereby ceded to them, together with the sum of two hum 

29437 dred dollars in merchandize and cash paid at the signing of 

29438 this treaty, the receipt whereof is hereby acknowledged by said 

29439 tribe. 

29440 Aeticle 4. As a full equivalent to the Wea tribe, for the im. 

29441 provements made by them on the lands of the United States which 

29442 they removed from, for horses lost in consequence of such re- 

29443 moval, and for all other claims which they have preferred, the 



29444 United States agree to pay them after the ratification of this 

29445 treaty, cattle, hogs, and farming utensils on their land to the 

29446 amount of five hundred dollars, together with two hundred dol- 

29447 lars this day paid them in cash and merchandize, the receipt of 

29448 which is hereby acknowledged. The United States will also 

29449 afford some assistance to that part of the Wea tribe now resid- 

29450 ing in the State of Indiana, to enable them to join the rest of 

29451 their tribe on the lauds hereby assigned them, and will abo 

29452 furnish said portion of the tribe with provisions for one year 

29453 after their arrival. 

29454 Article 5. The United States will also support a black- 

29455 smith's shop for five years at a convenient place between the 

29456 lands hereby ceded the said Piankeshaws and Weas, and the 

29457 lands assigned to the Kaskaskias and Peorias; which shop is 

29458 to be for the benefit of the said tribes of Piankeshaws, Weas, 

29459 Peorias, and Kaskaskias in common. 

29460 Article 6. This treaty to be obligatory on the contracting 

29461 parties when ratified by the President and Senate of the United 

29462 States. 

29463 Proclaimed February 23, 1833. 



29464 PONOAS. 

29465 Treaty between the United States and the Ponca tribe of Indians, 

29466 concluded at Washington March 12, 1858 ; ratified by the 

29467 Senate March 8, 1859. 

29468 James Buchanan, President of the United States, to all and 

29469 singular to whom these presents shall come, greeting : 

29470 Whereas a treaty was made and concluded at the city of 

29471 Washington, on the twelfth day of March, one thousand eight 

29472 hundred and fifty-eight, by Charles E. Mix, commissioner on the 

29473 part of the United States, and Wa-gah-sah-pi, or Whip ; Gish- 

29474 tah-wah-gu, or Strong Walker ; Mitchell P. Cera, or Wash-kom- 

29475 moni; A-shno-ni-kali-gak-hi, or Lone Chief; Shu-kak-bi, or 

29476 Heavy Clouds ; Tah-tungah-nushi, or Standing Buffalo, on the 

29477 part of the Ponca tribe of Indians, they being duly authorized 

29478 and empowered thereto by said tribe ; which treaty is in the 

29479 words and figures following, to wit : 

29480 Articles of agreement and convention made and concluded at 

29481 the city of Washington, on the twelfth day of March, one 

29482 thousand eight hundred and fifty-eight, by Charles E. Mix, 

29483 commissioner on the part of the United States, and Wa- 

29484 gah-sah-pi, or Whip ; Gish-tuh-wah-gu, or Strong Walker : 



660 



29485 Mitchell P. Cera, or Wash-koni-moni ; A-shno-ni-kak-gah-hi, 

294:86 or Lone Chief; Shu-kak-bi, or Heavy Clouds ; Tab-tun gah- 

29487 nuski, or Standing Buffalo, on the part of the Ponca tribe 

29488 of Indians; they being thereto duly authorized and empow- 

29489 ered by said tribe. 

29490 Article 1. The Ponca tribe of Indians hereby cede and 

29491 relinquish to the United States all the lands now owned or 

29492 claimed by them, wherever situate, except the tract bounded as 

29493 follows, viz : Beginning at a point on the Xeobrara River and 

29494 running due north, so as to intersect the Ponca River twenty-five 

29495 miles from its mouth; thence from said point of intersection, up 

29496 and along the Ponca River, twenty miles ; thence due 

29497 south to the Xeobrara Eiver; and thence down and along said 

29498 river to the place of beginning : which tract is hereby reserved 

29499 for the future homes of said Indians ; and to which they agree 

29500 and bind themselves to remove within one year from the date of 

29501 the ratification of this agreement by the Senate and President 

29502 of the United States. 

29503 Article 2. In consideration of the foregoing cession and 

29504 relinquishment, the United States agree and stipulate as fol- 

29505 lows, viz : 

29506 First. To protect the Poncas in the possession of the tract 

29507 of land reserved for their future homes, and their persons and 
21508 property thereon, during good behavior on their part. 

29509 Second. To pay to them, or expend for their benefit, the sum 

29510 of twelve thousand dollars ($12,000) per annum for five years; 

29511 commencing with the year in which they shall remove to and 

29512 settle upon the tract reserved for their future homes ; ten thou- 

29513 sand dollars (-$10,000) per annum for ten years, from and after 

29514 the expiration of the said rive years ; and thereafter eight thou- 

29515 sand dollars ($8,000) per annum for fifteen years ; of which sums 

29516 the President of the United States shall, from time to time, de- 

29517 termine what proportion shall be paid to the Poncas in cash, and 

29518 what proportion shall be expended for their benefit : and also 

29519 in what manner or for what objects such expenditure shall be 

29520 made. He shall likewise exercise the power to make such pro- 

29521 vision out of the same as he may deem to be necessary and 

29522 proper for the support and comfort of the aged and infirm mem- 

29523 bers of the tribe. 

29524 In case of any material decrease of the Poncas in number, 

29525 the said amounts shall be reduced and diminished in proportion 

29526 thereto, or they may, at the discretion of the President, be dis- 

29527 continued altogether should said Indians fail to make sa'tisfac- 

29528 tory efforts to advance and improve their condition ; in which 

29529 case such other provision shall be made for them as the Presi- 

29530 dent and Congress may judge to be suitable and proper. 



GG1 



29531 Third. To expend the sum of twenty thousand dollars 

29532 ($20,000) in maintaining and subsisting the Poncas during the 

29533 first year after their removal to their new homes, purchasing 

29534 stock and agricultural implements, breaking up and fencing 

29535 land, building houses, and in making such other improvements 

29536 as may be necessary for their comfort and welfare. 

29537 Fourth. To establish and to maintain for ten years, at an 

29538 annual expense not to exceed five thousand dollars, ($5,000,) 

29539 one or more manual-labor schools for the education and training 

29540 of the Ponca youth in letters, agriculture, the mechanic arts, 

29541 and housewifery ; which school or schools shall be managed and 

29542 conducted in such manner as the President of the United States 

29543 shall direct; the Poncas hereby stipulating to constantly keep 

29544 thereat, during at least nine months in every year, all their chil- 

29545 dren between the ages of seven and eighteen years ; and that, 

29546 if this be not done, there shall be deducted from the shares of 

29547 the annuities due to the parents, guardians, or other persons 

29548 having control of the children, such amounts as may be propor- 

29549 tioned to the deficiency in their time of attendance, compared 

29550 with the said nine months, and the cost of maintaining and ed- 

29551 ucating the children during that period. It is further agreed 

29552 that such other measures may be adopted to compel the attend- 

29553 ance of the children at the school or schools as the President 

29554 may think proper and direct 5 and whenever he shall be satis - 

29555 fied of a failure to fulfil the aforesaid stipulation on the part of 

29556 the Poncas, he may, at his discretion, diminish or wholly dis- 

29557 continue the allowance and expenditure of the sum herein set 

29558 apart for the support and maintenance of said school or schools. 

29559 Fifth. To provide the Poncas with a mill suitable for grind- 

29560 ing grain and sawing timber, one or more mechanic shops, with 

29561 the necessary tools for the same, and dwelling-houses for au in- 

29562 terpreter, miller, engineer for the mill, if one be necessary, 

29563 farmer, and the mechanics that may be employed for their 

29564 benefit, the whole not to exceed in cost the sum of ten thousand 

29565 five hundred dollars, ($10,500;) and also to expend annually, 

29566 for ten years, or during the pleasure of the President, au amount 

29567 not exceeding seven thousand five hundred dollars, (67,500,) for 

29568 the purpose of furnishing said Indians with such aid and assist- 

29569 ance in agricultural and mechanical pursuits, including the 

29570 working of said mill, as the Secretary of the Interior may cou- 

29571 sider advantageous and necessary for them ; the Poncas hereby 

29572 stipulating to furnish from their tribe the number of young men 

29573 that may be required as apprentices and assistants in the mill 

29574 and mechanic shops, and at least three persons to Avork con- 

29575 stantly with each laborer employed for them in agricultural pur- 

29576 suits, it being understood that such laborers are to be employed 



662 



29577 more for the instruction of the Indians than merely to work 

2957$ for their benefit. The persons so to be furnished by the tribe 

29579 shall be allowed a fair and just compensation for their services. 

29550 to be fixed by the Secretary of the Interior. 

29551 The Poncas further stipulate and bind themselves to pre- 

29552 vent any of the members of their tribe from destroying or in- 

29553 juring the said houses, shops, mill, machinery, stock, farming 
295S1 utensils, or any other thing furnished them by the Government : 

29555 and in case of any such destruction or injury, or of any of the 

29556 things so furnished being carried off by any member or mem- 

29557 bers of their tribe, the value of the same shall he deducted from 
295SS the tribal annuities. And whenever the President shall be 
295S9 satisfied that the Poncas have become sufficiently confirmed in 

29590 habits of industry, and advanced in acquiring a practical knowl- 

29591 edge of agriculture and the mechanic arts, he may, at his dis- 

29592 cretion, cause to be turned over to the tribe all of the said houses 

29593 and other property furnished them by the United States, and 

29594 dispense with the services of any or all of the persons herein- 

29595 before stipulated to be employed for their benefit and assist- 

29596 ance. 

29597 Sixth. To provide and set apart the sum of twenty thou 
2959S sand dollars ($20,000) to enable the Poncas to adjust and settle 

29599 their existing obligations and engagements, including depreda- 

29600 tions committed by them on property of citizens of the United 

29601 States prior to the date of the ratification of this agreement, so 

29602 far as the same may be found and decided by their agent to be 

29603 valid and just, subject to the approval of the Secretary of the 
29601 Interior; and in consideration of the long-continued friendship 

29605 and kindness of Joseph Hollman and William G. Crawford 

29606 toward the Poncas, of their furnishing them when in distress 

29607 with large quantities of goods and provisions, and of their good 
2960S counsel and advice, in consequence of which peace has often 

29609 been preserved between the Poncas and other Indians and the 

29610 whites, it is agreed that out of the above-mentioned amount 

29611 they shall be paid the sum of three thousand five hundred dol- 

29612 lars, (83,500,) and the sum of one thousand dollars ($1,000) shall 

29613 in like manner be paid to Jesse Williams, of Iowa, in full for 
29611 his claim, as such has been admitted by the Poncas for depre- 

29615 dations committed by them on his property. 

29616 Article 3. The Poncas being desirous of making provision 

29617 for their half-breed relatives, it is agreed that those who prefer 

29618 and elect to reside among them shall be permitted to do so, and 

29619 be entitled to and enjoy all the rights and privileges of mem- 

29620 bers of the tribe : but to those who have chosen and left the 

29621 tribe to reside among the whites and follow the pursuits of civil- 

29622 ized life, viz: Charles Leclaire, Fort Piere, N. T.: Cillaste Lec- 



663 



29623 laire, Pottowattomie, K. T.; Ciprian Leelaire, St. Louis, Mis- 

29624 souri; Julia Harvey, Omaha, K T.; Jenny Kuleau, Sioux City 

29625 Iowa; David Leelaire, Amelia Deloge, and Laura Deloge, at 

29626 the Omaha mission, there shall be issued scrip for one hundred 

29627 and sixty acres of land each, which shall be receivable at the 

29628 United States land-offices in the same manner, and be subject to 

29629 the same rules and regulations as military bounty-land warrants. 

29630 And in consideration of the faithful services rendered to the 

29631 Poncas by Francis Eoy, their interpreter, it is agreed that scrip 

29632 shall, in the like manner and amount, be issued to his wife and to 

29633 each of his six children now living, without their being required 

29634 to leave the nation: Provided, That application for the said 

29635 scrip shall be made to the Commissioner of Indian Affairs within 

29636 five years from and after the date of the ratification of this 

29637 agreement. 

29638 Article 4. The United States shall have the right to es- 

29639 tablish and maintain such military posts, roads, and Indian 

29640 agencies as may be deemed necessary within the tract of country 

29641 hereby reserved for the Poncas, but no greater quantity of land 

29642 or timber shall be used for said purposes than" shall be actually 

29643 requisite ; and if, in the establishment or maintenance of such 

29644 posts, roads, and agencies, the property of any Ponca shall be 

29645 taken, injured, or destroyed, just and adequate compensation 

29646 shall be made therefor by the United States. And all roads or 

29647 highways authorized by competent authority, other than the 

29648 United States, the lines of which shall lie through said tract, 

29649 shall have the right of way through the same; the fair and just 

29650 value of such right being paid to the Poncas therefor by the party 

29651 or paities authorizing the same or interested therein ; to be as- 

29652 sessed and determined in such manner as the President of the 

29653 United States shall direct. 

29654 Article 5. No white person, unless in the employment of 

29655 the United States, or duly licensed to trade with the Poncas, or 

29656 members of the family of such persons, shall be permitted to 

29657 reside, or to make any settlement, upon any part of the tract 

29658 herein reserved for said Indians, nor shall the latter alienate, 

29659 sell, or in manner dispose of any portion thereof, except to the 

29660 United States ; but, whenever they may think proper, they may 

29661 divide said tract among themselves, giving to each head of a 

29662 family or single person a farm, with such rights of possession, 

29663 transfer to any other member of the tribe, or of descent to their 

29664 heirs and representatives, as may be in accordance with the laws. 

29665 customs, and regulations of the tribe. 

29666 Article 6. Such persons as are now lawfully residing on 

29667 the lands herein ceded by the Poncas shall each have the privi- 

29668 lege of entering one hundred and sixty acres thereof, to include 



664 



29669 any improvements they may have, at one dollar and twenty-five 

29670 cents per acre. 

29671 Article 7. The Poncas acknowledge their dependence upon 

29672 the Government of the United States, and do hereby pledge and 

29673 bind themselves to preserve friendly relations with the citizens 
29671 thereof, and to commit no injuries or depredations on their per- 

29675 sons or property, nor on those of members of any other tribe ; 

29676 but. in case of any such injury or depredation, full compensation 

29677 shall, as far as practicable, be made therefor out of their tribal 
2967S annuities: the amount in all cases to be determined by the Sec- 
29679 retary of the Interior. They further pledge themselves not to 
296S0 engage in hostilities with any other tribe, unless in self-defence, 

29681 but to submit, through their agent, all matters of dispute and 

29682 difficulty between themselves and other Indians for the decision 

29683 of the President of the United States, and to acquiesce in and 
29681 abide thereby. They also agree, whenever calle'd upon by the 

29685 proper officer, to deliver up all offenders against the treaties, 

29686 laws, or regulations of the United States, who may be within 

29687 the limits of their reservation, and to assist in discovering, pur- 

29688 suing, and capturing all such offenders, whenever required to do 

29689 so by such officer. 

29690 Article 8. To aid in preventing the evils of intemperance? 

29691 it is hereby stipulated that if any of the Poncas shall drink, or 

29692 procure for others, intoxicating liquor, their proportion of the 

29693 tribal annuities shall be withheld from them for at least one 
29691 year ; and for a violation of any of the stipulations of this agree- 

29695 ment on the part of the Poncas, they shall be liable to have their 

29696 annuities withheld, in whole or in part, and for such length of 

29697 time as the President of the United States shall direct. 

29698 Article 9. Xo part of the annuities of the Poncas shall be 

29699 taken to pay any claims or demands against them, except such 

29700 as may arise under this agreement, or under the trade and inter - 

29701 course laws of the United States; and the said Indians do 

29702 hereby fully relinquish and release the United States from all 

29703 demands against them on the part of the tribe or any individuals 
29701 thereof, except such as are herein stipulated and provided for. 

29705 Article 10. The expenses connected with the negotiation 

29706 of this agreement shall be paid by the United States. 

29707 Proclaimed April 11, 1859. 

29708 Supplemental treaty between the United States of America and the 

29709 Ponca tribe of Indians, concluded March 10, 1865; ratifica- 

29710 Hon advised March 2, 1867. 

29711 Andrew Johnson, President of the United States of America, 

29712 to all and singular to whom these presents shall come, greet- 

29713 mg : 

29711 Whereas a supplemental treaty was made and concluded at 



20715 the city of Washington, in the District of Columbia, on the tenth 

29716 day of March, in the year of our Lord one thousand eight hun- 

29717 dred and sixty-live, by and between William P, Dole, coinmis- 

29718 sioner on the part of the United States, and Wah-gah- sap-pi, or 

29719 Iron Whip ; Grist tah-wah-gu, or Strong Walker ; Wash-com-mo- 

29720 ni, or Mitchell P. Cerre ; Ash-nan -e-kah-gah-he, or Lone Chief; 

29721 and Tah-ton-ga-unz-zhe, or Standing Buffalo, chiefs and head-men 

29722 of the Ponca tribe of Indians, on the part of said Indians, and 

29723 duly authorized thereto by them, which treaty is in the words 
29721 and figures following, to wit : 

29725 Supplemental treaty between the United States of America and 

29726 the Ponca tribe of Indians, made at the city of Washington 

29727 on the tenth day of March, A. D. 1865, between William P. 

29728 Dole, commissioner on the part of the United States, and 

29729 Wah-gah-sap-pi,-or Iron Whip ; Gist-tah-wah-gu, or Strong 

29730 Walker; Wash-com-mo-ni, or Mitchell P. Cerre ; Ash-nan e- 

29731 kah-gah-he, or Lone Chief; Tah-ton-ga-nuz zhe, or Standing 

29732 Buffalo, on the part of the Ponca tribe of Indians, they 

29733 being duly authorized and empowered by the said tribe, as 

29734 follows, viz: 

29735 Article 1. The Pouca tribe of Indians hereby cede and 

29736 relinquish to the United States all that portion of their present 

29737 reservation as described in the first article of the treaty of 

29738 March 12th, 1858, (proclaimed April 11, 1859; see preceding 

29739 treaty.) lying west of the range line between townships num- 

29740 bers (32) thirty-two and (33) thirty-three north, ranges (10) ten 

29711 and (11) eleven west of the (6) sixth principal meridian, accord- 

29712 ing to the Kansas and Nebraska survey, estimated to contain. 

29713 thirty thousand acres, be the same more or less. 

29714 Article 2. In consideration of the cession or release of 

29745 that portion of the reservation above described by the Ponca 

29746 tribe of Indians to the Government of the United States, the 

29747 Government of the United States, by way of rewarding them for 

29748 their constant fidelity to the Government and citizens thereof, 

29749 aud with a view of returning to the said tribe of Ponca Indians 

29750 their old burying-grounds and corn-fields, hereby cede and re- 
20751 linquish to the tribe of Ponca Indians the following-described 

29752 fractional townships, to wit : township (31) thirty-one north, 

29753 range (7) seven west; also, fractional township (32) thirty-two 

29754 north, ranges (6,) six, (7,) seven, (8,) eight, (9,) nine, and (10) 

29755 ten west ; also, fractional township (33) thirty-three north, 

29756 ranges (7) seven and (8) eight west ; and also all that portion of 

29757 township (33) thirty-three north, ranges (9) nine and (10) ten 

29758 west, lying south of Ponca Creek ; and also all the islands in the 

29759 Niobrara, or Running Water River, lying in front of lands or 

29760 townships above ceded by the United States to the Ponca tribe 

84 T T 



666 



29701 of Indians. But it is expressly understood and agreed that the 

297(32 United States shall not be called upon to satisfy or pay the 

29763 claims of any settlers for improvements upon the lands above 

29764 ceded by the United States to the Poncas, but that the Ponca 

29765 tribe of Indians shall, out of their own funds, and at their own 

29766 expense, satisfy said claimants, should any be found upon said 

29767 lands above ceded by the United States to the Ponca tribe of 

29768 Indians. 

29769 Article 3. The Government of the United States, in com- 

29770 pliance with the first paragraph of the second article of the 

29771 treaty of March 12th, 1858, hereby stipulate and agree to pay to 

29772 the Ponca tribe of Indians for indemnity for spoliation commit- 

29773 ted upon them, satisfactory evidence of which has been lodged 

29774 in the office of the Commissioner of Indian Affairs, and payment 

29775 recommended by that officer, and also by the Secretary of the 

29776 Interior, the sum of fifteen thousand and eighty dollars. 

29777 Article 4. The expenses attending the negotiation of this 

29778 treaty or agreement shall be paid by the United States. 

29779 Proclaimed March 28, 1867. 



29780 PONCAPvS. 



29781 Treaty with tlie Poncar tribe. 

29782 For the purposes of perpetuating the friendship which has 
2 )783 heretofore existed, as also to remove all future cause of discus- 
23784 sion or dissension as it respects trade and friendship between the 

29785 United States and their citizens and the Poncar tribe of Indians, 

29786 the President of the United States of America, by Brigadier-Gen - 

29787 eral Henry Atkinson, of the United States Army, and Major 

29788 Benjamin O'Fallon, Indian agent, with full powers and author- 

29789 ity, specially appointed and commissioned for that purpose, of 

29790 the one part, and the undersigned chiefs, head-men, and warriors 

29791 of the Poncar tribe of Indians, on behalf of said tribe, of the 

29792 other part, have made and entered into the following articles 

29793 and conditions, which, when ratified by the President of the 

29794 United States, by and with the advice and consent of the Sen- 

29795 ate, shall be binding on both parties, to wit : 

29796 Article 1. It is admitted by the Poncar tribe of Indians 

29797 that they reside within the territorial limits of the United 

29798 States, acknowledge their supremacy, and claim their protec- 

29799 tion. The said tribe also admit the right of the United States 

29800 to regulate all trade and intercourse with them. 

29801 Article 2. The United States agree to receive the Poncar 



667 

29802 tribe of fndians into their friendship and under their protection, 

20803 and to extend to them, from time to time, such benefits and acts 

29804 of kindness as may be convenient and seem just and proper to 

29805 the President of the United States. 

29806 Article 3. All trade and intercourse with the Poncar tribe 

29807 shall be transacted at such place or places as may be designated 

29808 and pointed out by the President of the United States, through 

29809 his agents; and none but American citizens, duly authorized by 

29810 the United States, shall be admitted to trade or hold intercourse 

29811 with said tribe of Indians. 

29812 Article 4. That the Poncar tribe may be accommodated 

29813 with such articles of merchandize, &c, as their necessaries may 

29814 demand, the United States agree to admit and license traders to 

29815 hold intercourse with said tribe, under mild and equitable regu- 

29816 lations, in consideration of which the Poncar tribe bind tbem- 

29817 selves to extend protection to the persons and the property of 

29818 the traders, and the persons legally employed under them, whilst 

29819 they remain within the limits of the Poncar district of country. 

29820 And the said Poncar tribe further agree that if any foreigner, 

29821 or other person not legally authorized by the United States, 

29822 shall come into their district of country for the purposes of 

29823 trade or other views, they will apprehend such person or per- 

29824 sons and deliver him or them, to some United States superin- 

29825 tendent, or agent of Indian affairs, or to the commandant of the 

29826 nearest military post, to be dealt with according to law. And 

29827 they further agree to give safe conduct to all persons who may 

29828 be legally authorized by the United States to pass through their 

29829 country, and to protect, in their persons and property, all agents 

29830 or other persons sent by the United States to reside temporarily 

29831 among them. 

29832 Article 5. That the friendship which is now established be- 

29833 tween the United States and the Poncar tribe should not be inter- 
2 3834 rupted by the misconduct of individuals, it is hereby agreed that, 

29835 for injuries done by individuals, no private revenge or retaliation 

29836 shall take place, but instead thereof complaints shall be made 

29837 by the party injured to the superintendent or agent of Indian 

29838 affairs, or other person appointed by the President ; and it shall 

29839 be the duty of the said chiefs, upon complaint being made as 

29840 aforesaid, to deliver up the person or persons agaiust whom the 

29841 complaint is made, to the end that he or they may be punished, 

29842 agreeably to the laws of the United States. And, in like man- 

29843 ner, if any robbery, violence, or murder shall be committed on 

29844 any Indian or Indians belonging to said tribe, the person or 

29845 persons so offending shall be tried, and, if found guilty, shall be 

29846 punished in like mauner as if the injury had been done to a white 
29817 man. And it is agreed that the chiefs of said Poncar tribe 



6G8 



!29S4S shall, to the utmost of their power, exert themselves to recover 

29849 horses or other property which may be stolen or taken from any 

29850 citizen or citizens of the United States by any individual or in- 

29851 dividuals of said tribe, and the property so recovered shall be 

29852 forthwith delivered to the agents or other person authDrized to 

29853 receive it, that it may be restored to the proper owner. And the 
29851 United States hereby guaranty to any Indian or Indians of said 

29855 tribe a full indemnification for any horses or other property 

29856 which may be stolen from them by any of their citizens : Pro- 

29857 vided, That the property so stolen cannot be recovered, and 

29858 that sufficient proof is produced that it was actually stolen by a 

29859 citizen of the United States. And the said Ponear tribe engage, 

29860 on the requisition or demand of the President of the United 

29861 States, or of the agents, to deliver up any white man resident 

29862 among them. 

29863 Article 6. And the chiefs and warriors, as aforesaid, prom- 
29861 ise and engage that their tribe will never, by sale, exchange, or 

29865 as presents, supply any nation or tribe of Indians not in amity 

29866 with the United States with guns, ammunition, or other iinple- 

29867 ments of war. 

29S6S Proclaimed February 6, 1826. 



29869 POXCAEAES. 

29870 A treaty of peace and friendship made and concluded between Wil- 

29871 Ham Clark and Auguste Chouteau, commissioners on the part 

29872 and behalf of the United States of America, of the one part, 

29873 and the undersigned chiefs and warriors of the Poncarar tribe 
29871 of Indians, on their part and of their said tribe of the other 

29875 part. 

29876 The parties being desirous of re-establishing peace and 

29877 friendship between the United States and their said tribe, and 

29878 of being placed, in all things and every respect, upon the same 

29879 footing upon which they stood before the late war between the 

29880 United States and Great Britain, have agreed to the following 

29881 articles : 

29882 Article 1. Every injury or act of hostility by one or either 

29883 of the contracting parties against the other shall be mutually 
29881 forgiven and forgot. 

29885 Article 2. There shall be perpetual peace and friendship 

29886 between all of the citizens of the United States of America and 

29887 all the individuals composing the said Poncarar tribe ; and all 



669 

2988S the friendly relations that existed between them before the war 

29889 shall be, and the same are hereby, renewed. 

29890 Article 3. The undersigned chiefs and warriors, for them- 

29891 selves and their said tribe, do hereby acknowledge themselves 

29892 to be under the protection 0 f the United States of America, 

29893 and of no other nation, power, or sovereign, whatever. 

29894 Proclaimed December 26, 1817. 

29895 PGTTAWOTTOMIES. 

29896 Articles of a treaty made and concluded at St. Mary's, ~in the State 

29897 of Ohio, between Jonathan Jennings, Lewis Cass, and Benja- 

29898 mi% Parlce, commissioners of the United States, and the Pot- 

29899 aw atamie Nation of Indians. 

29900 Article 1. The Potawataraie Nation of Indians cede to 

29901 the United States all the country comprehended within the fol- 

29902 lowing limits : Beginning at the mouth of' the Tippecanoe River 

29903 and running up the same to a point twenty-five miles in a'direct 

29904 line from the Wabash River ; thence on a line as nearly paral- 

29905 lei to the general course of the Wabash River as practicable, to 

29906 a point on the Vermilion River twenty-five miles from the Wa- 

29907 bash River ; thence down the Vermilion River to its mouth, and 

29908 thence up the Wabash River to the place of beginning. The 

29909 Potawatamies also cede to the United States all their claim to 

29910 the country south of the Wabash River. 

29911 Article 2. The United States agree to purchase any just 

29912 claim which the Kickapoos may have to any part of the country 

29913 hereby ceded below Pine Creek. (See the 2d article of the 

29914 treaty with the Kickapoos, proclaimed January 13, 1831, p. 439.) 

29915 Article 3. The United States agree to pay to the Pota- 

29916 watamies a perpetual annuity of two thousand five hundred dol- 

29917 lars in silver j one-half of which shall be paid at Detroit, and 

29918 the other half at Chicago $ and all annuities which, by any for- 

29919 mer treaty, the United States have engaged to pay to the Pota- 

29920 watamies, shall be hereafter paid in silver. 

29921 Article 4. The United States agree to grant to the persons 

29922 named in the annexed schedule and their heirs the quantity of 

29923 land therein stipulated to be granted 5 but the land so granted 

29924 shall never be conveyed by either of the said persons, or their 

29925 heirs, unless by the consent of the President of the United 

29926 States. 

29927 Proclaimed January 15, 1819. 



670 



29928 Schedule referred to in the foregoing treaty. 

29929 There shall be granted to J ames Burnett, Isaac Burnett, Jacob 

29930 Burnett, and Abraham Burnett two sections of land each, and 

29931 to Rebecca Burnett and Nancy Burnett one section of land 

29932 each ; which said James, John, Isaac, Jacob, Abraham, Re- 

29933 becca, and Nancy are children of Cakinii, a Potawatamie woman, 

29934 sister of Topinibe, principal chief of the nation ; and six of the 

29935 sections herein granted shall be located from the mouth of the 

29936 Tippecanoe River, down the Wabash River, and the other six 

29937 [five] sections shall be located at the mouth of Flint River. 

29938 There shall be granted to Perig, a Potawatamie chief, one 

29939 section of land on the Flint River, where he now lives. There 

29910 shall also be granted to Mary Chatalie, daughter of Neebosh, a 

29911 Potawatamie chief, one section of land, to be located below the 

29912 mouth of Pine River. 

29913 Articles of a treaty made and concluded near the mouth of the Mis- 
29911 sissinewa, upon the Wabash, in the State of Indiana, this sixteenth 

29915 day of October, in the year of our Lord one thousand eight hun- 

29916 dred and twenty-six, between Lewis Cass, James B. Ray, and 

29917 John Tipton, commissioners on the part of the United States, and 

29918 the chiefs and warriors of the Potawatamie tribe of Indians. 

29919 Aettcle 1, The Potawatamie tribe of Indians cede to the 

29950 United States their right to all the land within the following 

29951 limits : Beginning on the Tippecanoe River where the northern 

29952 boundary of the tract ceded by the Potawatamies to the United 

29953 States, by the treaty of St. Mary's, in the year of our Lord one 
29951 thousand eight hundred and eighteen, intersects the same ; 

29955 thence in a direct line to a point on Eel River half way be- 

29956 tween the mouth of said river and Pierisfrs Village; thence 

29957 up Eel River to Seek's Tillage, near the head thereof ; thence 

29958 in a direet line to the mouth of a creek emptying into the St. 

29959 Joseph's of the Miami, near Metea's Village ; thence up the St. 

29960 Joseph's to the boundary -line between the States of Indiana and 

29961 Ohio; thence south to the Miami; thence up the same to the 
2 )962 reservation at Fort Wayne ; thence with the lines of the said 
29963 reservation to the boundary established by the treaty with the 
29961 Miamies in one thousand eight hundred and eighteen; thence 

29965 with the said line to the Wabash River ; thence with the same 

29966 river to the mouth of the Tippecanoe River, and thence with 

29967 the said Tippecanoe River to the place of beginning. And the 

29968 said tribe also cede to the United States all their right to land 

29969 within the following limits: Beginning at a point upon Lake 

29970 Michigan ten miles due north of the southern extreme thereof; 



671 



29971 running thence due east to the laud ceded by the Indians to 

29972 the United States by the treaty of Chicago 5 thence south with 

29973 the boundary thereof ten miles ; thence west to the southern 

29974 extreme of Lake Michigan 5 thence with the shore thereof to 

29975 the place of beginning. 

29976 Article 2. As an evidence of the attachment which the 

29977 Potawatamie tribe feel towards the American people, and par- 

29978 ticularly to the soil of Indiana, and with a view to demonstrate 

29979 their liberality, and benefit themselves by creating facilities for 

29980 travelling and increasing the value of their remaining country, 

29981 the said tribe do hereby cede to the United States a strip of 

29982 land, commencing at Lake Michigan and running thence to the 

29983 Wabash Eiver, one hundred feet wide, for a road, and also, one 

29984 section of good land contiguous to the said road for each mile 

29985 of the same, and also for each mile of a road from the termina 

29986 tion thereof through Indianapolis to the Ohio Eiver, for the 

29987 purpose of making a road aforesaid from Lake Michigan, by the 

29988 way of Indianapolis, to some convenient point on the Ohio Eiver. 

29989 And the general assembly of the State of Indiana shall have a right 

29990 to locate the said road and to apply the said sections, or the proceeds 

29991 thereof to the making of the same, or any part thereof; and the said 

29992 grant shall be at their sole disposal. [a) 

29993 Article 3. In consideration of the cession in the first arti- 

29994 cle, the United States agree to pay to the Potawattamie tribe 

29995 an annuity of two thousand dollars in silver, for the term of 

29996 twenty-two years, and also to provide and support a blacksmith 

29997 for them at some convenient point 5 to appropriate, for the pur- 

29998 poses of education, the annual sum of two thousand dollars, as 

29999 long as the Congress of the United States may think proper, to 

30000 be expended as the president may direct ; and also, to build for 

30001 them a mill, sufficient to grind corn, on the Tippecanoe Eiver, 

30002 and to provide and support a miller, and to pay them annually 

30003 one hundred and sixty bushels -of salt ; all of which annuities 

30004 herein specified shall be paid by the Indian agent at Fort 

30005 Wayne. 

30006 Article 4. The commissioners of the United States have 

30007 caused to be delivered to the Potawatamie tribe goods to the 

30008 value of thirty thousand five hundred and forty-seven dollars 

30009 and seventy-one cents in goods, in consideration of the cession 

30010 in the first article of this treaty. Xow, therefore, it is agreed 

30011 that, if this treaty should be ratified by the President and Sen- 

30012 ate of the United States, the United States shall pay to the 

30013 persons named in the schedule this day transmitted to the War 

30014 Department, and signed by the commissioners, the sums affixed 

30015 to their names, respectively, for goods furnished by them, and 

30016 amounting to the said sum of thirty thousand five hundred and 



672 



30017 forty-seven dollars and seventy-one cents ; and also, to the per- 

30018 sons who may furnish the said further sum, the amount of nine 

30019 hundred dollars thus furnished. And it is also agreed that 

30020 payment for all these goods shall be made by the Potawatainie 

30021 tribe out of their annuity, if this treaty should not be ratified 

30022 by the United States. 

30023 Article 5. The Potawatainie tribe being anxious to pay 

30024 certain claims existing against them, it is agreed as a part of 

30025 the consideration for the cessions in the first article that these 

30026 claims, which are stated in a schedule this day signed by the 
80027 commissioners, and transmitted to the War Department, and 

30028 amounting to the sum of nine thousand five hundred and seventy - 

30029 three dollars. 

30030 Article 6. The United States agree to grant to each of the 

30031 persons named in the schedule hereunto annexed the quantity of 

30032 land therein stipulated to be granted; but the land so granted 

30033 shall never be conveyed by either of the said persons or their heirs 

30034 without the consent of the President of the United States ; and 

30035 it is also understood that any of these grants may be expunged 

30036 from the schedule by the President or Senate of the United 

30037 States without affecting any other part of the treaty. 

30038 Article 7. The Potawatainie Indians shall enjoy the right 

30039 of hunting upon any part of the land hereby ceded as long as 

30040 the same shall remain the property of the United States. 

30041 Article 8. The President and Senate of the United States 

30042 may reject any article of this treaty, except those which relate 

30043 to the consideration to be paid for the cession of the land ; and 

30044 such rejection shall not affect any other part of the treaty. 

30045 Article 9. This treaty, after the same shall be ratified by 

30046 the President and Senate, shall be binding upon the United 

30047 States. 

30048 Proclaimed February 7, 1827. 

30049 Schedule of grants referred to in the foregoing treaty. 

30050 To Abraham Burnett, three sections of land, one to be 

30051 located at, and to include Wyne mac's Village, the centre of the 

30052 line on the Wabash to be opposite that village, and running up 

30053 and down the river one mile in a direct line and back for quan- 

30054 tity, the two other sections commencing at the upper end of 

30055 the prairie, opposite the mouth of the Passeanoug Creek, and 

30056 running down two miles in a direct line and back for quantity. 

30057 To Nancy Burnett, Rebecca Burnett, James Burnett, and 

30058 William Burnett, each one section of land, to be located under 

30059 the direction of the President of the United States, which said 

30060 Abraham, Nancy, Rebecca, and James are the children, and the 

30061 said William is the grand-child of Kaukeama, the sister of 



678 



30062 Topenibe, tbe principal cbief of the Potawatamie tribe of In- 

30063 dians. 

30064 k To Eliza C. Kercbeval. one .section on tbe Miami River. 

30065 commencing at the first place where the road from Fort Wayne 

30066 to Defiance strikes the Miami on the north side thereof, about 

30067 five miles below Fort Wayne, and trom that point running half 

30068 a mile down tbe river and half a mile up the river, and back 

30069 for quantity. 

30070 To James Knaggs. son of the sister of Okeos. chief of the 

30071 river Huron Potawatamies, one half-section of land upon the 

30072 Miami where the boundary line between Indiana and Ohio 

30073 crosses tbe same. 

30074 To tbe children of Joseph Barron, a relation of Kichard- 

30075 ville, principal chief of the Miatnies. three sections of land, begin- 

30076 ning at the mouth of Eel Paver, running three miles down tbe 

30077 Wabash in a direct line, thence back for quantity. 

30078 To Zachariab Cicott. who is married to an Indian woman. 

30079 one section of land below and adjoining Abraham Burnett's 

30080 land, and to be located in the same way. 

30081 To Baptiste Cicott. Sopbi Cicott. and Emelia Cicott. children 

30082 of Zachariab Cicott. and an Indian woman, one half-section eacb 

30083 adjoining and below the section granted to Zachariab Cicott. 
30081 To St. Luke Bertrand and Julia Ann Bertrand. children of 

30085 Madeline Bertrand. a Potawatamie woman, one section of laud, 

30086 to be located under the direction of the President of the United 

30087 States. 

30088 To the children of Stephen Johnson, killed by tbe Potawa- 

30089 tamie Indians, one half-section of land, to be located under tbe 

30090 direction of the President of the United States. 

30091 To each of the following persons. Indians by birth, and who 

30092 are now, or have been, scholars in the Carey Mission-School, on 

30093 the St. Joseph's, under the direction of the Eev. Isaac Mel 
30091 one quarter-section of land, to be located under the direction of 

30095 tbe President of the United States, that is to say : Joseph 

30096 Bourissa. Isoaquett. John Jones. Nuko, Soswa, Mauotuk. Betsey 

30097 Ash. Charles Dick. Susanna Isaacs. Harriet Isaacs. Betsey Plum- 

30098 tner. Angelina Isaacs. Jemima Isaacs. Jacob Corbly, Konkapot. 

30099 Celicia Xiinham. Mark Bourissa. Jude Bourissa, Annownssau, 

30100 Topenibe. Terrez. Sbeskho. Lonis Wilinett. Mitcbel Wilmett. 

30101 Lezett Wilmett, Esther Baily. Eesianu Baily. Eleanor Baily. Queh- 

30102 kna, William Turner. Chaukenozwoh. Lazarus Bourissa. Aehan 

30103 Bourissa, Acbemukquee. Wesauwau. Peter Moose, Ann Sharp. 
30101 Joseph Wolf. Misnoqua. Pomoqua. Wymego. Cheekeh. Wau «- 

30105 semoqua, Meeksumau, Kakautmo. Richard Clements. Louis 

30106 M'JSoff, Shoshqua. Xscoteuama. Chikawketeb, Mnsbeewoh, 

30107 Saugana. Msonkqua. Muitoqua, Okutcheek. Xaomi G. Browning. 

30108 Antoiue, St. Antoine. Mary, being in all fifty-eight. 

85 I i 



(374 



30109 To Jane Martin and Betsey Martin, of Indian descent, each 

30110 one section of land, to be located under the direction of the Pres- 

30111 ident of the United States. 

30112 To Mary St. Combe, of Indian descent, one quarter section of 

30113 land, to be located under the direction of the President of the 

30114 United States. 

30115 To Francois Dequindre. of Indian descent, one section of land. 

30116 to be located under the direction of the President of the United 

30117 States. 

30118 To Baptiste Jutreace. of Indian descent, one half-section of 

30119 land, to be located under the direction of the President of the 

30120 United States. 

30121 To John B. Bourie. of Indian descent, one section of laud, to 

30122 be located on the Miami Paver, adjoining the old boundary-line 

30123 below Fort Wayne. 

30124 To Joseph Parks, an Indian, one section of land, to be located 

30125 at the point where the boundary-line strikes the St. Joseph's, 

30126 near Meteas Village. 

30127 To George Cicott, a chief of the Potawatamies. three sections 

30128 and a half of land, two sections and a half of which to be located 

30129 on the Wabash, above the mouth of Crooked Creek, running 

30130 two miles and a half up the river, and back for quantity, and the 

30131 remaining section at the falls of Eel Elver, on both sides thereof. 

30132 To James Conner, one section of land : to Henry Conner, one 

30133 section, and to William Conner, one section, beginning opposite 
30131 the upper end of the Big island, and running three miles in a 

30135 direct line down the Wabash, and back for quantity. 

30136 To Hyacinth Lassel. two sections of land, to be located under 

30137 the direction of the President of the United States. 

30138 To Louison. a half Potawatamie. two sections of land, to be 

30139 located under the direction of the President of the United States. 

30110 Treaty with Potawatamies, made September 19. 1827. 

30141 In order to consolidate some of the dispersed bands of the 

30142 Potawatamie tribe in the Territory of Michigan at a point re 

30143 moved from the road leading from Detroit to Chicago, and as 

30144 far as practicable from the settlements of the whites, it is agreed 

30145 that the following tracts of land, heretofore reserved for the use 

30146 of the said tribe, shall be. and they are hereby, ceded to the 

30147 United States : 

30148 Two sections of land on the river Eouge. at Seginsairn's 

30149 Village. 

30150 Two sections of land at Tonguish Village, near the river 

30151 Eouge. 

30152 That part of the reservation at Macon, on the river Baisin. 

30153 which yet belongs to the said tribe, containing six sections, ex- 



G75 



30154 cepting therefrom one-half of a section where the Potawatamie 
.30155 chief Moran resides, which shall be reserved for his use. 

30156 Oue tract at Mang-ach-qua Tillage, od the river Peble, of six 

30157 miles square. 

30155 One tract at Mickesawbe, of six miles square. 

30159 Oue tract at the village of Prairie Eonde, of three miles 

30160 square. 

30161 One tract at the village of Match-e-be-nash-she-wish, at the 

30162 head of the Kekalamazoo Eiver, of three miles square, which 

30163 tracts contain in the whole ninety-nine sections and one half 
30161 section of land. 

30165 And in consideration of the preceding cession, there shall be 

30166 reserved for the use of the said tribe, to be held upon the same 

30167 terms on which Indian reservations are usually held, the follow- 
301 6S ing tracts of land : 

30169 Sections numbered five, six, seven, and eight, in the fifth 

30170 township, south of the base-line, and in the ninth range west of 

30171 the principal meridian in the Territory of ^Michigan. 

39172 The whole of the fifth township south, in the tenth range 

30173 west, not already included in the Nottawa Sape reservation. 

30174 Sections numbered one. two, eleven, twelve, thirteen, four- 

30175 teen, twenty-three, twenty-four, twenty-five, twenty-six, thirty - 

30176 five, and thirty-six. in the fifth township south, and eleventh 

30177 range west. 

30178 The whole of the fourth township south, in the ninth range 

30179 west. 

30180 Sections numbered eight, seventeen, eighteen, nineteen, 

30181 twenty, twenty-nine, thirty, thirty-one, and thirty-two in the 

30182 fourth township south, and ninth range west. 

30183 Sections numbered one, two, eleven, twelve, thirteen, four- 

30184 teen, twenty-three, twenty-four, twenty-five, twenty-six, thirty- 

30185 five, and thirty-six in the fourth township south, aud eleventh 

30186 range west. 

30187 Which tracts of land will form a continuous reservation. 

30188 and contain ninety-nine sections. 

30189 After this treaty shall be ratified by the President and Sen- 

30190 ate. the same shall be obligatory on the United States and the 

30191 said tribe of Indians. 

30192 Proclaimed February 23, 1829. 



676 



30193 Articles of a treaty made and concluded at the missionary estah- 

30194 Ushments upon the St. Joseph, of Lake Michigan, in the Terri- 

30195 tory of Michigan, this 20th day of September, in the year of our 

30196 Lord one thousand eight hundred and hventy- eight, between 

30197 Lewis Cass and Pierre Menard, commissioners on the part of 

30198 the United States, and the Potowatami tribe of Indians. 

30199 Article 1. The Potowatami tribe of Indians cede to the 

30200 United States the tract of land included within the following 

30201 boundaries: 

30202 1st. Beginning at the mouth of the St. Joseph of Lake 

30203 Michigan, and thence running up the said river to a point on 

30204 the same river half way between La-vache-qui-pisse and 

30205 Macousiu Village; thence in a direct line to the 19th -mile tree, 

30206 on the northern boundary-line of the State Indiana; thence 

30207 with the same west to Lake Michigan ; and thence with the 

30208 shore of the said lake to the place of beginning. 

30209 2. Beginning at a point on the line run in 1817, due east 

30210 from the southern extreme of Lake Michigan, which point is clue 

30211 south from the head of the most easterly branch of the Kanke- 

30212 kee River, and from that point running south ten miles; thence 

30213 in a direct line to the northeast corner of Flatbelly's reservation ; 

30214 thence to the northwest corner of the reservation at Seek's 

30215 Village; thence with the lines of the said reservation, and 

30216 of former cessions, to the line between the States of ludi- 

30217 ana and Ohio ; thence, with the same to the former-described 

30218 lined, running due east from the southern extreme of Lake 

30219 Michigan ; thence, with the said line, to the place of beginning. 

30220 Article 2. In consideration of the cessions aforesaid, there 

30221 shall be paid to the said tribe an additional permanent annuity 

30222 of two thousand dollars, and also an additional annuity of one 

30223 thousand dollars for the term of twenty years; goods to the 

30224 value of thirty thousand dollars shall be given to the said tribe, 

30225 either immediately after signing this treaty or as soon there- 

30226 after as they can be procured ; an additional sum of ten thou- 

30227 sand dollars in goods, and another of five thousand dollars in 

30228 specie shall be paid to them in the year 1829. 

30229 The sum of seven thousand five hundred dollars shall be 

30230 expended for the said tribe, under the direction of the Presi- 

30231 dent of the United States, in clearing and fencing land, erecting 

30232 houses, purchasing domestic animals and farming utensils, and 

30233 in the support of labourers to work for them. 

30234 Two thousand x>ounds of tobacco, fifteen hundred weight of 

30235 iron, and three hundred and fifty pounds of steel, shall be 

30236 annually delivered to them. 

30237 One thousand dollars per annum shall be applied for the 



677 



30238 purposes of education, as long- as Congress may think the ap- 

30239 propriation may be useful. 

30240 One hundred dollars, in goods, shall be annually paid to 

30241 To-pen-i-be-the, principal chief of the said tribe, during his 

30242 natural life. The blacksmith, stipulated by the treaty of Chicago 

30243 to be provided for the term of fifteen years, shall be permanently 

30244 supported by the United States. 

30245 Three labourers shall be provided, during four mouths of the 

30246 year, for ten years, to work for the band, living upon the reser- 

30247 vation south of the St. Joseph. 

30248 Article 3. There shall be granted to the following persons, 

30249 all of whom are Indians by descent, the tracts of land hereafter 

30250 mentioned, which shall be located upon the second cession 

30251 above described, where the President of the United States may 

30252 direct, after the country may be surveyed, and to correspond 

30253 with surveys, provided that no location shall be made upon the 

30254 Elkheart Prairie, nor within five miles of the same; nor shall 

30255 the tracts granted be conveyed by the grantees, without the 

30256 consent of the President of the United States. 

30257 To Sah-ne-ino-quaw, wife of Jean B. Dutrist, one half-sec- 

30258 tion of land. 

30259 To Way-pe-nah-te-mo-quay, wife of Thomas Eobb, one half 

30260 section of land. 

30261 To Me no-ka-mick-quay, wife of Edward McCarty, one half 

30262 section of land. 

30263 To Ship-pe-shick-quay, wife of James Wyinan, one half-sec- 

30264 tion of land. 

30265 To Assappo, wife of Antoine Gamlin, one half-section of 

30266 land. 

30267 To Moahquay, wife of Eichard Ohabert, one half-section of 

30268 land. 

30269 To Me-shaw-ke-to-quay, wife of George Cicot, two sections 

30270 of land. 

30271 To Mary Prejean, wife of Louis St. Combe, one section of 

30272 land. 

30273 To To-pe-uaw-koung, wife of Peter Langlois, one section of 

30274 land. 

30275 To Au-bee-nan bee, a Potowatami chief, two sections of 

30276 land. 

30277 To Me-che-hee, wife of Charles Minie. a half-section of 

30278 land. 

30279 To Louison, a Potowatamie, a reservation of one section, to 

30280 include his house and corn-field. 

30281 To Kes-he-wa-quay, wife of Pierre F. .Navarre, one section 

30282 of laud. 

30283 To Benae, a Potowatami, one section of land. 



678 



30284 To Pe-pe-ne-way, a chief, one section of laud. 

30285 To Pierre Le Clair, one section of land. 

30286 To Betsey Ducharme, one half section of land. The sec- 

30287 tion of land granted by the treaty of Chicago to Nancy Bur- 

30288 nett, now Fancy Davis, shall be purchased by the United States, 

30289 if the same can be done for the sum of one thousand dollars. 

30290 To Madeleine Bertram!, wife of Joseph Bertrand, one sec- 

30291 tion of laud. 

30292 Article 4. The sum of ten thousand eight hundred and 

30293 ninety-five dollars shall be applied to the payments of certain 

30294 claims against the Indians, agreeably to a schedule of the said 

30295 claims hereunto annexed. (a) 

30296 Article 5. Circumstances rendering it probable that the 

30297 missionary establishment now located upon the St. Joseph 

30298 may be compelled to remove west of the Mississippi, it is agreed 

30299 that when they remove the value of their buildings and other 

30300 improvements shall be estimated, and the amount paid by the 

30301 United States. But, as the location is upon the Indian reserva- 

30302 tion, the commissioners are unwilling to assume the responsibil- 

30303 ity of making this provision absolute, and therefore its rejection 

30304 is not to affect any other part of the treaty. 

30305 Article 6. This treaty shall be obligatory after the same 

30306 has been ratified by the President and Senate of the United 

30307 States. 

30308 Proclaimed January 7, 1829. 

30309 After the signature of the treaty, and at the request of the 

30310 Indians, it was agreed that of the ten thousand dollars stipu- 

30311 lated to be delivered in goods, in 1829, three thousand dollars 

30312 shall be delivered immediately, leaving seven thousand dollars 

30313 in goods to be delivered in 1829. 

30314 The reservation of Pe. Langlois' wife to be located upon the 

30315 north side of Eel River, between Peerish's Village and Louison's 

30316 reservation. 

30317 The reservation of Betsey Ducharme to be located at Loui- 

30318 son's Run. 

30319 Schedule of claims referred to in the fourth article of the treaty of 

30320 the 20th September, 1828, with the Pottawatamie Indians. 

30321 Thomas Robb, 8200, for goods heretofore sold to the Indians. 

30322 McGeorge, $300, for provisions sold to the Indians. 

30323 Jno. B. Godfroy, $200, for goods heretofore sold to the In- 

30324 dians. 

30325 Jno. P. Hedges, 8200, for goods heretofore delivered to the 

30326 Indians. 



679 



30327 Joseph Allen, $145, for horses stolen from him by the In- 

30328 dians while he was surveying. 

30329 Jean B. Bourre, 700, for goods furnished the Indians, a 

30330 part of them in relation to this treaty. 

30331 Thomas Forsyth, $200, for goods heretofore- sold to the In- 

30332 dians. 

30333 S. Hanna & Co., $100, for goods heretofore sold to the In- 

30334 dians. 

30335 Gabriel Godfroy, jr., $500, for goods heretofore sold to the 

30336 Indians. 

30337 Timothy S. Smith, $100, for goods heretofore sold to the In- 

30338 dians. 

30339 W. G. and G. W. Ewings, $200, for goods heretofore sold to 

30340 the Indians. 

30341 Joseph Bertram!, $2,000, for goods heretofore sold to the 

30342 Indians. 

30343 To Eleanor Kinzie and her four children, by the late John 

30344 Kinzie, $3,500, in consideration of the attachment of the Indians 

30345 to her deceased husband, who was long an Indian trader, and 

30346 who lost a large sum in the trade by the credits given to them, 

30347 and also by the destruction of his property. The money is in 

30348 lieu of a tract of land which the Indians gave the late John 

30349 Kinzie long since, and upon which he lived. 

30350 Eobert A. Forsyth, $1,250, in consideration of the debts due 

30351 from the Indians to his late father, Eobert A. Forsyth, who was 

30352 long a trader among them, and who was assisted by his son, the 

30353 present B. A. Forsyth. The money is in lieu of a tract of land 

30354 which the Indians gave to the late E. A. Forsyth, since renewed 

30355 to the present E. A. Forsyth, upon which both of them hereto- 

30356 fore lived. 

30357 Jean B, Comparet, $500, for goods heretofore sold to the 

30358 Indians. 

30359 C. and D. Dousseau, 8100, for goods heretofore sold to the 

30360 Indians. 

30361 P. F. Navarre, $100, for goods heretofore sold to the Indians. 

30362 Francis Paget, $100, for goods heretofore sold to the Indians. 

30363 G. O. Hubbard, $200, for goods heretofore sold to the In 

30364 dians. 

30365 Alexis Ooquillard, $200, for goods heretofore sold to the In- 

30366 dians. 

30367 Amounting, in the whole, to the sum often thousand eight 

30368 hundred and ninety-five dollars. 

30369 LEW. CASS, 

30370 . PIEEEE MEXABD. 



680 



30371 Articles of a treaty made and concluded on Tippecanoe River, in the 

30372 State of Indiana, between Jonathan Jennings, John W. Davis, 

30373 and Maries Grume, commissioners on the part of the United 

30374 States, and the chiefs, head-men, and warriors of the Poitaivat- 

30375 imie Indians, this twenty-sixth day of October, in the year eight- 

30376 teen hundred and thirty-two. 

30377 Article 1. The chiefs, head-men, and warriors aforesaid, 

30378 agree to cede to the United States their title and interest to lands 

30379 in the State of Indiana, (to wit:) beginning at a point on Lake 

30380 Michigan where the line dividing the States of Indiana and 

30381 Illinois intersects the same ; thence with the margin of said 

30382 lake to the intersection of the southern boundary of a cession 

30383 made by the Pottawatiinies, at the treaty of the Wabash, of 
30381 eighteen hundred and twenty-six $ thence east to the northwest 

30385 corner of the cession made by the treaty of St. Joseph's, in eighteen 

30386 hundred and twenty-eight thence south ten miles ; thence with 

30387 the Indian boundary -line to the Michigan road ; thence south 

30388 with said road to the northern boundary-line, as designated in 

30389 the treaty of eighteen hundred and twenty-six with the Potta- 

30390 watimies; thence west with the Indian boundary -line to the 

30391 River Tippecanoe ; thence with the Indian boundary -line, as 

30392 established by the treaty of eighteen hundred and eighteen, at 

30393 St. Mary's, to the line dividing the States of Indiana and Illi- 
30391 nois; and thence north, with the line* dividing the said States, 

30395 to the place of beginning. 

30396 Article 2. From the cession aforesaid, the following reser. 

30397 vations are made, (to wit :) 

30398 For the band of Aub-be-naub-bee, thirty-six sections, to in- 

30399 elude his village, 

30400 For the bauds of Men-o-mi-nee, No-taw-kah, Muck-kah-tah- 

30401 mo- way, and Pee-pin-oh-waw, twenty-two sections. 

30402 For the bands of O-kaw-wause, Kee-waw-nay, and Nee-bosh , 

30403 eight sections. 

30404 For J. B. Shadernah, one section of land in the Door Prai- 

30405 rie, where he now lives. 

30406 For the band of Gom-o-za, two sections. 

30407 For the band of Mah-che-saw, two sections. 

30408 For the band of Mau-ke-kose, six sections. 

30409 For the bands of Nees-waug-gee, and Quash- qua, three sec- 

30410 tions. 

30411 Article 3. In consideration of the cession aforesaid, the 

30412 United States agree to pay to the Pottawatimie Indians an an- 

30413 nuity for the term of twenty years of twenty thousand dollars, 

30414 and will deliver to them goods to the value of one hundred thou- 

30415 sand dollars, so soon after the signing of this treaty as they can 



681 



30416 be procured; and a further sum of thirty thousand dollars in 

30417 goods shall be paid to them in the year eighteen hundred and 

30418 thirty-three by the Indian agent at Eel River. 

30419 Article 4. The United States agree to pay the debts due 
80420 by the Pottawatimies, agreeably to a schedule hereunto annexed, 

30421 amounting to sixty-two thousand four hundred and twelve dol- 

30422 lars. 

30423 Article 5. The United States agree to provide for the 

30424 Pottawatiinies, if they shall at any time hereafter wish to change 

30425 their residence, an amount, either in goods, farming utensils, 
3042G and such other articles as shall be required and necessary, in 

30427 good faith, and to an extent equal to what has been furnished 

30428 any other Indian tribe or tribes emigrating, and in just propor- 

30429 tion to their numbers. 

30430 Article 6. The United States agree to erect a saw-mill on 

30431 their lands, under the direction of the President of the United 

30432 States. 

30433 After the signing of this treaty, and at the request of the 

30434 Indians, five thousand one hundred and thirty-five dollars were 

30435 applied to the purchase of horses', which were purchased and 
30430' delivered to them, under our direction, leaving ninety-four 

30437 thousand eight hundred and sixty-five dollars to be paid in mer- 

30438 chandize. 

30439 It is agreed that the United States will satisfy the claims 

30440 mentioned in the following schedule, as provided for in the four! h 

30441 article of the foregoing treaty, viz : 

30442 To Andrew Waymire, forty dollars. 

30443 Zacheriah Cicott, nine hundred and fifty dollars. 

30444 H. Lassell, senior, four thousand dollars. 

30445 Silas Atchison, two hundred and twenty dollars. 

30446 Alexander McAllister, two hundred and twenty dollars. 

30447 Walker and Davis, fifteen hundred dollars. 

39448 Walker, Carter & Co., five thousand six hundred dollars. 

30449 Edward McCartney, one thousand dollars. 

30450 F. R. Kintner, six hundred and twenty dollars. 

30451 Joseph Trucky, one hundred dollars. 

30452 J. Vigus & C. Taber, eight hundred and fifty dollars. 

30453 James Burnit, six hundred dollars. 

30454 Samuel Hanua, executor of Abraham Burnet, three hundred 

30455 and fifty dollars. 

3045(3 James Hickman, sixty dollars. 

30457 William Scott, two hundred and fifty dollars. 

30458 M. Harse, seventy dollars. 

30459 Emmerson and Huntington, assignees of Willis Fellows, 

30460 four thousand five hundred dollars. 

30461 W. G. and G. W. Ewing, one thousand dollars. 

86 I T 



682 



30462 Peter Barron, seventeen hundred and sixty-six dollars. 

30463 Hamilton & Taber, seven hundred and thirty-seven dollars. 

30464 Skelton & Scott, six hundred and fifty dollars. 

30465 Cyrus Taber, three hundred and fifty dollars. 

30466 G. S. Hubbard, one thousand dollars. 

30467 Moses Bice, one hundred dollars. 

30468 John E. Hunt, three thousand two hundred and sixteen 

30469 dollars. 

30470 John Baldwin, one thousand dollars. 

30471 Louis Drouillard, sixty-eight dollars. 

30472 George Crawford, eighty dollars. 

30473 Thomas Hall, forty dollars. 

30474 John B. Duret, four hundred dollars. 

30475 Anthony Gambin, three hundred dollars. 

30476 Joseph Barron, seven hundred and ninety-six dollars. 

30477 James H. Kintner, three hundred. and fifty-seven dollars. 

30478 John B. Bourie, five hundred dollars. 

30479 Henry Ossum, nine hundred dollars. 

30480 ' Samuel Hanna, fifteen hundred dollars. 

30481 Barnet & Hanna, three thousand five hundred dollars. 

30482 Todd & Vigus, six thousand five hundred and thirteen dol- 

30483 lars. 

30484 Allen Hamilton, seven hundred dollars. 

30485 W. G. and G. W. Swing, three thousand dollars. 

30486 George F. Turner, two hundred dollars. 

30487 Peter Longlois, two thousand five hundred dollars. 

30488 Thomas Robb, eight hundred and forty dollars. 

30489 The estate of George Cicott, deceased, fifteen hundred dol- 

30490 lars. 

30491 George C. Spencer, one hundred and fifty-seven dollars. 

30492 John T. Douglass, one hundred dollars. 

30493 W. G. and G. W. Ewing, seven hundred and sixteen dollars. 

30494 H. B. M'Keen, six hundred dollars. 

30495 Joseph Bertrand, senior, fifteen hundred dollars. 

30496 George C. Spencer, three hundred dollars. 

30497 Jesse Buzann, three hundred and sixteen dollars. 

30498 Joseph Douglass, four hundred and fifty dollars. 

30499 John Smith, four hundred and eighty dollars. 

30500 Moses Barnett, eight hundred and forty-five dollars. 

30501 Harison Barnett, two hundred and sixty-seven dollars. 

30502 Lot Bozarth, ninety dollars. 

30503 Silas Alchison, two hundred and forty-four dollars. 

30501 Harrison Barnett & Co., one hundred and seventy-eight 

30505 dollars. 

30506 James Elliott, one hundred and nineteen dollars. 

30507 Alexander Smith, one hundred dollars. 



683 



30508 Walker, Garter & Co., four hundred and four dollars. 

30509 John Forsyth, amr., &c, of Thomas Forsyth, four hundred 

30510 and seventy-three dollars. 

30511 John Forsyth, six hundred dollars. 

30512 Proclaimed January 21, 1833. 



30513 Articles of a treaty made and concluded at the Potawattimie 

30514 mills, in the State of Indiana, on the sixteenth day of Decern- 

30515 her, in the year of our Lord one thousand eight hundred and 

30516 thirty four, between William Marshall, commissioner on the 

30517 part of the United States, and the chiefs, head-men, and war- 

30518 riors of the Potawattamis Indians. 

30319 Article 1. The chiefs, head-men, and warriors aforesaid 

30520 agree to cede to the United States their title and interest to a 

30521 reservation made to them at the treaty on the Tippecanoe River 

30522 on the 27th day of October, 1832, (proclaimed 21 January, 1833 ; 

30523 see treaty next preceding,) of two sections of land, to include 

30524 their mills on said river. 

30525 Article 2. In consideration of the cession aforesaid the 

30526 United States agree to pay the Potawattimie Indians, at the 

30527 payment of their annuities in 1835, the sum of seven hundred 

30528 dollars in cash, and pay their just debts agreeably to a schedule 

30529 hereunto annexed, amounting to nine hundred dollars. 

30530 Article 3. The miller provided for by the 3d article of the 

30531 treaty with the Potawattimie tribe of Indians on the sixteenth 

30532 day of October, in the year eighteen hundred and twenty-six, is 

30533 not to be supported by the United States, and to cease from and 

30534 after the signing of this treaty. 

30535 Article 4. This treaty ^shall be binding upon both parties 

30536 from the date of its ratification by the President. and Senate of 

30537 the United States. 

30538 Proclaimed March 16, 1835. 

30539 A PROCLAMATION 

30540 By the President of the United States of A merica. 

30541 To all and singular to whom these presents shall come, greeting : 

30542 Whereas a treaty was made and concluded at the Potta- 

30543 watomie agency on the Kansas Eiver, in the State of Kausas, 

30544 on the fifteenth day of November, one thousand eight hundred 

30545 and sixty-one, between William W. Ross, commissioner on the 

30546 part of the United States, and the chiefs, braves, and head-men 

30547 of the Pottawatomie Nation of Indians, on the part of said 

30548 nation j and 

30549 W T hereas the said treaty having been submitted to the Senate 



684 



30550 of the United States for its constitutional action thereon, the 

30551 Senate did, by its resolution of the fifteenth day of April, one 

30552 thousand eight hundred and sixty-two, advise and consent to 

30553 the ratification of said treaty with certain amendments ; and 

30554 Whereas said nation of Indians did, on the seventeenth day 

30555 of April, one thousand eight hundred and sixty-two, by a com- 

30556 mittee composed of Shawque, (chief,) To-penubbee, (chief,) We- 

30557 weh-seh, (chief,) Me-yenco, (chief,) and Shomen, (brave,) ap- 

30558 pointed to transact all their national business between them and 

30559 the agent of the United States and the Indian Department, and 

30560 by Joseph N. Bourassa, George L. Young, B. H. Bertrand, M. 

30561 B. Beaubien, L. H. Ogee, John Tipton, and Lewis View, in the 

30562 presence of Clark W. Thompson, (superintendent of Indian 

30563 affairs for the northern superintendency,) Lewis S. Hayden, 

30564 John B. Gordon, and Elisha Goddard, give their free and volun- 

30565 tary assent to the amendments made by the Senate in the reso- 

30566 lution aforesaid ; which treaty, as amended by the Senate and 

30567 assented to by said committee and others, is word for word as 

30568 follows : 

30569 Articles of a treaty made and concluded at the agency on the 

30570 Kansas Biver, on the fifteenth day of November, in the 

30571 year of our Lord one thousaud eight hundred and sixty - 

30572 one, by and between Win. W. Ross, commissioner on the 

30573 part of the United States, and the undersigned chiefs, 

30574 braves, and head-men of the Pottawatomie Nation, on be- 

30575 half of said nation. 

30576 Article 1. The Pottawatomie tribe of Indians believing 

30577 that it will contribute to the civilization of their people to dis- 

30578 pose of a portion of their present reservation in Kansas, con- 

30579 sisting of five hundred and seventy-six thousand acres, which 

30580 was acquired by them for the sum of $87,000, by the fourth 

30581 article of the treaty between the United States and the said 

30582 Pottawatomies, proclaimed by the President of the United 

30583 States on the 23d day of July, 1846, (see page 181,) and to al- 

30584 lot lands in severalty to those of said tribe who have adopted 

30585 the customs of the whites and desire to have separate tracts as- 

30586 signed to them, and to assign a portion of said reserve to those 

30587 of the tribe who prefer to hold their lands in common : it is 

30588 therefore agreed by the parties hereto that the Commissioner of 

30589 Indian Affairs shall cause the whole of said reservation to be 

30590 surveyed in the same manner as the public lands are surveyed, 

30591 the expense whereof shall be paid out of the sales of lands here- 

30592 inafter provided for, and the quantity of land hereinafter pro- 

30593 vided to be set apart to those of the tribe who desire to take 

30594 their lands in severalty, and the quantity hereinafter provided 

30595 to be set a part for the rest of the tribe in common; and the 



G85 



30590 remainder of the laud, after the special reservations hereinafter 

30597 provided for shall have been made, to be sold for the benefit of 

30598 said tribe. 

30599 Article 2. It shall be the duty of the agent of the United 

30600 States for said tribe to take an accurate census of all the mem- 

30601 bers of the tribe, and to classify them in separate lists, showing 

30602 the names, ages, and numbers of those desiring lands in sever- 

30603 alty, and of those desiring lands iu common, designating chiefs 

30604 and head-men, respectively ) each adult choosing for himself or 

30605 herself, and each head of a family for the minor children of such 

30606 family, and the agent for orphans and persons of an unsound 

30607 mind. And thereupon there shall be assigned, under the direc- 
3060S tion of the Commissioner of Indian Affairs, to each chief at the 

30609 signing of the treaty, one section ; to each head-man, one half 

30610 section ; to each other head of a family, one quarter section ; 

30611 and to each other person eighty acres of land, to include, in 

30612 every case, as far as practicable, to each family, their improve- 

30613 ments and a reasonable portion of timber, to be selected accord - 
30611 ing to the legal subdivision of survey. When such assignments 

30615 shall have been completed, certificates shall be issued by the 

30616 Commissioner of Indian Affairs for the tracts assigned in sev- 

30617 eralty, specifying the names of the individuals to whom they 

30618 have been assigned, respectively, and that said tracts are set 

30619 apart for the perpetual and exclusive use and benefit of such 

30620 assignees and their heirs. Until otherwise provided by law, 

30621 such tracts shall be exempt from levy, taxatiou, or sale, and 

30622 shall be alienable in fee or leased or otherwise disposed of only 

30623 to the United States, or to persons then being members of the 
30621 Pottawatomie tribe and of Indian blood, with the permission of 

30625 the President, and under such regulations as the Secretary of 

30626 the Interior shall provide, except as may be hereinafter provided. 

30627 And on receipt of such certificates, the person to whom they are 

30628 issued shall be deemed to have relinquished all right to any por- 

30629 tion of the lands assigned to others in severalty, or to a portion 

30630 of the tribe in common, and to the proceeds of sale of the same 

30631 whensoever made. 

30632 Article 3. At any time hereafter when the President of 

30633 the United States shall have become satisfied that any adults, 
30631 being males and heads of families, who may be allottees under 

30635 the provisions of the foregoing article, are sufficiently intelligent 

30636 and prudent to control their 'affairs and interests, he may, at the 

30637 request of such persons, cause the lands severally held by them 

30638 to be conveyed to them by patent in fee-simple, with power of 

30639 alienation ; and may, at the same time, cause to be paid to them, 

30610 in cash or in the bonds of the United States, their proportion of 

30611 the cash value of the credits of the tribe, principal and interest. 



686 



30642 then held in trust by the United States, and also, as the same 

30643 may be received, their proportion of the proceeds of the sale of 

30644 lands under the provisions of this treaty. And on such patents 

30645 being issued and such payments ordered to be made by the Pres- 

30646 ident, such competent persons shall cease to be members of said 

30647 tribe, and shall become citizens of the United States ; and thereaf- 

30648 ter the lands so patented to them shall be subject to levy, taxation, 

30649 and sale, in like manner with the property of other citizens : 

30650 Provided, That before making any such application to thePresi- 

30651 dent, they shall appear in open court in the district court of the 

30652 United States for the district of Kansas, and make the same proof 

30653 and take the same oath of allegiance as is provided by law for 

30654 the naturalization of aliens, and shall also make proof to the sat- 

30655 isfaction of said court that they are sufficiently intelligent and 

30656 prudent to control their affairs and interests, that they have 

30657 adopted the habits of civilized life, and have been able to sup- 

30658 port, for at least five years, themselves and families. 

30659 Article 4. To those members of said tribe who desire to 

30660 hold their lands in common there shall be set apart an undivided 

30661 quantity sufficient to allow one section to each chief, one half 

30662 section to each head-man, and one hundred and sixty acres to 

30663 each other head of a family, and eighty acres of land to each 

30664 other person, and said land shall be held by that portion of the 

30665 tribe for whom it is set apart by the same tenure as the whole 

30666 reserve has been held by all of said tribe under the treaty of 

30667 one thousand eight hundred and forty-six. And upon such land 

30668 being assigned in common the persons to whom it is assigned 

30669 shall be held to have relinquished all title to the lands assigned 

30670 in severalty and in the proceeds of sales thereof whenever made. 

30671 Article 5. The Pottawatomies believing that the construc- 

30672 tion of the Leavenworth, Pawnee and Western Railroad, from 

30673 Leavenworth City to the western boundary of the former reserve 

30674 of the Delawares, is now rendered reasonably certain, and being 

30675 desirous to have said railroad extended through their reserve 

30676 in the direction of Fort Riley, so that the value of the lands re- 

30677 tainecl by them may be enhanced, and the means afforded them 

30678 of getting the surplus product of their farms to market, it is 

30679 provided that the Leavenworth, Pawnee and Western Eailroad 

30680 Company shall have the privilege of buying the remainder of 

30681 their lands within six months after the tracts herein otherwise 

30682 disposed of shall have been selected and set apart, provided 

30683 they purchase the whole of such surplus lands at the rate of one 

30684 dollar and twenty-five cents per acre. 

30685 And if said company make such purchase, it shall be sub- 

30686 ject to the considerations following, to wit : They shall construct 

30687 and fully equip a good and efficient railroad from Leavenworth 



r;87 



.30688 City to a point half way between the western boundary of the 

30689 said former Delaware reserve and the western boundary of the 

30690 said Pottawatomie reserve, (being the first section of said road,) 
33691 within six years from the date of such purchase, and shall eon- 
39692 struct and fully equip such road from said last-named point to 

30693 the western boundary of said Pottawatomie reserve, (being the 

30694 second section of said road,) within three years from the date 

30695 fixed for the completion of said first section; and no patent 

30696 or patents shall issue to said company or its assigns for any of 

30697 said lands purchased until the first section of said railroad shall 

30698 have been completed and equipped, and then for not more than 

30699 half of said lands; and no patent or patents shall issue to said com- 

30700 pany or its assigns for any of the remaining portion of said lands 

30701 until said second section of said railroad shall have been completed 

30702 and equipped as aforesaid ; and before any patents shall issue for 

30703 any part of said lands, payment shall be made for the lands to 
30701 be patented at the rate of one dollar and twenty-five cents per 

30705 acre ; and said company shall pay the whole amount of the pur- 

30706 chase-money for said lands in gold or silver coin to the Secre- 

30707 tary of the Interior of the United States, in trust for said Pot- 

30708 tawatomie Indians, within nine years from the date of such pur- 

30709 chase, and shall also in like manner pay to the Secretary of the 

30710 Interior of the United States, in trust as aforesaid, each and 

30711 every year, until the whole purchase-money shall have been 

30712 paid, interest from date of purchase, at six per cent, per an- 

30713 num, on all the purchase- money remaining unpaid. 

30711 And if said company shall fail to complete either section of 

30715 such railroad in a good and efficient manner, or shall fail to pay 

30716 the whole of the purchase-money for said laud within the times 

30717 above prescribed, or shall fail to pay all or any part of the in- 

30718 terest upon said purchase-money each year as aforesaid within 

30719 thirty days from the date when such payment of interest shall 

30720 fall due, then the contract or purchase shall be deemed and held 

30721 absolutely null and void, and shall cease to be binding on either 

30722 of the parties thereto, and said company and its assigns shall 

30723 forfeit all payments of principal and interest made on such pur- 
30721 chase, and all right and title, legal and equitable, of any kind 

30725 whatsoever, in and to all and every part of said lands which 

30726 shall not have been before the date of such forfeiture earned 

30727 and patented pursuant to the provisions of this treaty. 

30728 And whenever any patent shall issue to said railroad 

30729 company for any part of said lands, it shall contain the condi- 

30730 tion that the said company shall sell the land described in such 

30731 patent, except so much as shall be necessary for the working of 

30732 the road, within five years from the issuing of such patent. 

30733 And said company shall have the [perpetual right of way 



688 



30734 over the lands of the Pottawatoinies not sold to it for the con- 

30735 struction and operation of said railroad, not exceeding one 

30736 hundred feet in width, and the right to enter on said lands and 

30737 take and use such gravel, stone, earth, water, and other material, 

30738 except timber, as may be necessary for the construction and 

30739 operation of said road, making compensation for any damages 

30740 to improvements done in obtaining such material, and for any 

30741 damages arising from the location or running of said road to im- 

30742 provements made before the road is located. Such damages and 

30743 compensation, in cases where said company and the persons whose 

30744 improvements are injured or property taken cannot agree, to be 

30745 ascertained and adjusted under the direction of the Commis- 

30746 sioner of Indian Affairs. And in case said company shall not 

30747 promptly pay the amount of such damages and compensation, 

30748 the Secretary of the Interior may withhold patents for any part 

30749 of the lands purchased by them until payment be made of the 

30750 amount of such damages, with six per cent, interest thereon 

30751 from the date when the same shall have been ascertained and 

30752 demanded. 

30753 And in case said company shall not purchase said surplus 

30754 lands, or, having purchased, shall forfeit the whole or any part 

30755 thereof, the Secretary of the Interior shall thereupon cause the 

30756 same to be appraised at not less than one dollar and twenty-five 

30757 cents per acre, and shall sell the same, in quantities not exceed- 

30758 iugone hundred and sixty acres, at auction to the highest bid- 

30759 der for cash, at not less than such appraised value. 

30760 Article 6. There shall be selected by the Commissioner of 

30761 Indian Affairs three hundred and twenty acres of land, includ- 

30762 ing the church, school-houses, and fields of the St. Mary's Cath- 

30763 olic Mission, but not including the buildings and enclosures 

30764 occupied and used by persons other than those connected with 

30765 the mission, without the consent of such persons, which shall 

30766 be conveyed by the Secretary of the Interior to John F. Die], 

30767 John Summaker, and M. Gerillain, as trustees for the use of the 

307 68 society under whose patronage and control the church and school 

30769 have been conducted within the last fourteen years; on condi- 

30770 tion, however, that, so long as the Pottawatomie Xation shall 

30771 continue to occupy its present reservation, or any portion 

30772 thereof, the said land shall be used and its products devoted 

30773 exclusively to the maintenance of a school and church for their 

30774 benefit. And there shall be reserved and conveyed in like man- 

30775 ner, and upon like conditions, three hundred and twenty acres 

30776 of land, including the Baptist Mission buildings and enclosures, 

30777 such conveyances to be made to such persons as may be desig- 

30778 nated by the Baptist Board of Missions. 

30779 Article 7. By article eight of the treaty of June 5th, 

30780 1846, between the United States and the Pottawatomie Indians 



689 



30781 it is stipulated that the annual interest of their improvement 

30782 fund shall be paid out promptly and fully for their benefit at 

30783 their new homes. If, however, at any time thereafter, the Pres- 

30784 ident of the United States shall be of opinion that it would be 

30785 advantageous to the Pottawatomie Nation, and they should 
30780 request the same to be done, to pay them the interest of said 

30787 money in lieu of the employment of persons, or the purchase of 

30788 implements or machines, he is hereby authorized to pay the 

30789 same, or any part thereof, in money, as their annuities are paid, 

30790 at the time of the general payment of annuities. " 

30791 It is hereby agreed that the interest arising- from said im- 

30792 provement-fund shall, in all cases hereafter, be paid in such 

30793 machines and implements as will be useful to the people in their 
•".oTOI agricultural pursuits, as long as the nation shall desire it to be 
30795 done, except that the shops and mechanics and physicians, now 
3079G sustained by the funds of the nation, shall continue to be main- 

30797 tained, as at this time, for one year after this treaty shall have 

30798 been ratified. 

30799 Article 8. If at any time hereafter any band or bands of 

30800 the Pottawatomie Nation shall desire to remove from the homes 

30801 provided for them in this treaty, it shall be the duty of the 

30802 Secretary of the Interior to have their proportionate part of the 

30803 lands which may be assigned to the tribe appraised and sold, 

30804 and invest such portion of the proceeds thereof as may be neces- 

30805 sary in the purchase of a new home for such band or bands, 

30806 leaving the remainder, should any remain after paying the 

30807 expense of their removal, to be invested in six per cent, bonds 

30808 of the United States, for the benefit of such band or bandr. 

30809 Such band or bands so removed shall continue to receive their 

30810 proportion of the annuities of the tribe. 

30811 Article 9. Xo provision of this treaty shall be so con- 

30812 strued as to invalidate any claim heretofore preferred by the 

30813 Pottawatomies against the United States arising out of previ- 

30814 ous treaties. 

30815 Article 10. It is hereby agreed that the Commissioner of 

30816 Indian Affairs shall set apart, for the benefit of said allottees. 

30817 their equal pro rata share of the improvement-fund of the tribe, 

30818 which sum so set apart may be expended, in whole or in part, by 

30819 the said Commissioner, and under his direction, for agricultural 

30820 purposes, as he shall from time to time deem expedient and for 

30821 the welfare of the said Indians. 

30822 Article 11. Should the Senate reject or amend any of the 

30823 above articles, such rejectiou or amendment shall not affect the 
30821 other provisions of this treaty, but the same shall go iuto effect 

30825 when ratified by the Senate and approved by the President. 

30826 Proclaimed April 19. 1862. 

87 I t 



690 



30827 Supplemental article to the treaty of November 15, 1861, between 

3QS2S the United States of America and the Pottawatomie tribe of 

30829 Indians, concluded March 29, I860 ; ratification advised 

30830 April 26, 1866. 

30831 Andrew Johnson, President of the United States of America, 

30832 to all and singular to whoni these presents shall come, 

30833 greeting : 

30831 Whereas a supplemental article to the treaty between the 

30835 United States of America and the Pottawatomie Nation of In- 

30836 dians, of the fifteenth of November, one thousand eight hundred 

30837 and sixty-one, was made and concluded at the city of Washing- 
39838 ton, in the District of Columbia, on the twenty-ninth day of 
30839 March, in the year of our Lord one thousand eight hundred and 

30810 sixty-six, by and between Dennis N. Oooley, commissioner on 

30811 the part of the United States, and J. N. Bourassa, U. F. Navane, 

30812 and B. N. Bertrand, business committee, on the part of said 

30813 nation of Indians, and duly authorized thereto by them, which 
30811 supplemental article is in the words and figures following, to 

30815 wit : 

30816 Whereas certain amendments are desired by the Pottawato- 

30817 mie Indians to their treaty concluded at the Pottawatomie 

30818 agency on the fifteenth day of November, A. D. 1861, and 

30819 amended by resolution of the Senate of the United States dated 

30850 April the fifteenth, A. D. 1862 5 and whereas the United States 
3085 L are willing to assent to such amendments, it is therefore agreed 

30852 by and between Dennis N. Cooley, commissioner on the part of 

30853 the United States, thereunto duly authorized, and the under- 

30851 signed business committee, acting on behalf of said tribe, and 

30855 being thereunto duly authorized, in manner and form following, 

30856 that is to say : 

30857 Article 1. The beneficial provisions in behalf of the more 

30858 prudent and intelligent members of said tribe, contained in the 

30859 third article of the amended treaty above recited, shall not here- 

30860 after be confined to males and heads of families, but the same 

30861 shall be, and are hereby, extended to all adult persons of said 

30862 tribe, without distinction of sex, whether such persons are or 

30863 shall be heads of families or otherwise, in the same manner, to 

30864 the same extent, and upon the same terms, conditions, and stip- 
30865' ulations as are contained in said third article of said treaty with 
30866 reference to " males and heads of families." 



691 



308G7 Treaty between the United States of America and the Pottawatomie 

30868 tribe of Indians, concluded February 27, 1807 j ratification 

30869 advised, with amendments, July 25, 1868 ; amendments accepted 

30870 August 4, 1868. 

30871 Andrew Johnson, President of the United States of America , 

30872 to all and singular to whom these presents shall come, greet - 

30873 ing : 

30874 Whereas a treaty was made and concluded at the city of 

30875 Washington, in the District of Columbia, on the twenty-seventh 

30876 day of February, in the year of our Lord one thousand eight 

30877 hundred and sixty-seven, by and between Lewis V. Bogy, W. 

30878 H. Watson, Thomas Murphy, and L. E. Palmer, commissioners 

30879 on the part of the United States, and Mazhee, Miauco, Shawgwe, 

30880 B. H. Bertrancl, J. K Bourassa, M. B. Beaubien, L. H. Ogee, and 

30881 George L. Young, of the Pattawatomie tribe of Indians, and 

30882 duly authorized thereto by them, which treaty is in the words 

30883 and figures following, to wit: 

30884 Articles of agreement concluded at Washington, D. C, on the 

30885 twenty-seventh day of February, 1867, between the United 

30886 States, represented by Lewis Y. Bogy, Commissioner of In- 

30887 dian Affairs ; W. H. Watson, special commissioner ; Thos. 

30888 Murphy, supt. of Indian affairs for Kansas ; and Luther B. 

30889 Palmer, U. S. Indian agent, duly authorized, and the Potta- 

30890 watomie tribe of Indians, represented by their chiefs, braves, 

30891 and head-men, to wit: Mazhee, Mianco, Shawgwe, B. H. 

30892 Bertrand, J. N. Bourassa, M. B. Beaubien, L. H. Ogee, and 

30893 G. L. Young. 

30894 Whereas the Pottawatomies believe that it is for the in - 

30895 terest of their tribe that a home should be secured for them in 

30896 the Indian country south of Kansas, while there is yet an op- 

30897 portunity for the selection of a suitable reservation ; and whereas 

30898 the tribe has the means of purchasing such reservation from 

30899 funds to arise from the sale of lands under the provisions of 

30900 this treaty, without interfering with the exclusive rights of 

30901 those of their people who hold their lands in common to the 

30902 ownership of their diminished reserve, held by them in common, 

30903 or with their right to receive their just proportion of the moneys 

30904 arising from the sale of unallotted lands, known as surplus 

30905 lands : Now, therefore, it is agreed — 

30906 Article 1. It being the intention of the Government that 

30907 a commission shall visit the Indian country as soon as practi- 

30908 cable after the ratification of the treaties contemplating the le- 

30909 moval of certain tribes from Kansas, accompanied by delegates 

30910 from the several tribes proposing to remove, it is agreed that a 

30911 delegation of the Pottawatomies may accompany said commis- 



692 



30912 sion in order to select, if possible, a suitable location for their 

30913 people without interfering with the locations made for other In- 

30914 dians ; and if such location shall be found satisfactory to the 

30915 Pottawatornies, and approved by the Secretary of the Interior, 
3091G such tract of land, not exceeding thirty miles square, shall be 

30917 set apart as a reservation for the exclusive use and occupancy of 

30918 that tribe j and upon the survey of its lines and boundaries, 

30919 and ascertaining of its area, and payment to the United States 

30920 for the same as hereinafter mentioned and set forth, the said 

30921 tract shall be patented to the Pottawatomie Nation : Provided, 

30922 That if the said Pottawatornies shall prefer to select a new home 

30923 among the Oherokees, by agreement with the said Cherokees, 

30924 for a price within the means of the Pottawatornies, the Gov- 

30925 eminent will confirm such agreement. 

30926 Article 2. In case the new reservation shall be selected 

30927 upon the lands purchased by the Government from the Creeks, 

30928 Seminoles, or Choctaws, the price to be paid for said reservation 

30929 shall not exceed the cost of the same to the Government of the 

30930 United States ; and the sum to be paid by the tribe for said res- 

30931 ervation shall be taken from the amount which may be received 

30932 for the lands which were offered for sale to the Leavenworth, 

30933 Pawnee and Western Railroad Company, under the treaty dated 

30934 November fifteen, eighteen hundred and sixty-one, which amount 

30935 shall be the common property of the tribe, except the Prairie 

30936 band, who shall have no interest in said reservation to be pur- 

30937 chased as aforesaid, but in lieu thereof shall receive their pro 
3093S rata share of the proceeds of the sale of said land in money, as 

30939 the same may be received : Provided, That if the United States 

30940 shall advance the amount necessary to purchase the said reser- 

30941 vation, the interest due upon the deferred payments for said 

30942 lands, sold as hereinafter provided, shall, when received by the 

30943 United States, be retained and credited to said tribe interested 

30944 in said reservation, or so much of said interest as may be due 

30945 said tribe under this treaty : And provided further, That the 

30946 Leavenworth, Pawnee and Western Railroad Company, their 

30947 successors and assigns, having failed to purchase said lands, the 

30948 Atchison, Topeka and Santa Pe Railroad Company may, within 

30949 thirty days after the promulgation of this treaty, purchase of the 

30950 said Pottawatornies their said unallotted lands, except as here- 

30951 inafter provided, to St. Mary's Mission, at the price of one dol- 

30952 lar per acre, lawful money of the United States, and upon filing 

30953 their bond for the purchase and payment of said lands in due 

30954 form, to be approved by the Secretary of the Interior within the 

30955 time above named, the said Secretary of the Interior shall issue 

30956 to the last-named railroad company certificates of purchase, 

30957 and such certificates of purchase shall be deemed and holden in 



693 



30958 all courts as evidence of title and possession in the said railroad 

30959 company to all or any part of said lands, unless the same shall 
309G0 be forfeited as herein provided. The said purchase-money shall 

30961 be paid to the Secretary of the Interior, in trust for said Indians. 

30962 within five years from the date of such purchase, with i aterest at 

30963 the rate of six per cent, per annum on all deferred payments, 
30961 until the whole purchase-money shall have been paid ; and be- 

30965 fore any patents shall issue for any part of said lands, one hun- 

30966 dred thousand dollars shall be deposited with the Secretary of 

30967 the Interior, to be forfeited in case the whole of the lands are 

30968 not paid for as herein provided ; (said money may be applied as 

30969 the payment for the last one hundred thousand acres of said 

30970 land;) payments shall also be made for at least one-fourth of 

30971 said unallotted lands at the rate of one dollar per acre, and 

30972 when so paid the President is authorized hereby to issue patents 

30973 for the land so paid for ; and then for every additional part of 
30971 said land, upon the payment of one dollar per acre. The inter- 

30975 est on said purchase-money shall be paid annually to the Secre- 

30976 tary of the Interior for the use of said Indians. If the said com- 

30977 pany shall fail to pay the principal when the same shall become 

30978 due, or to pay all or any part of the interest upon said purchase - 

30979 money within thirty (30) days after the time when such payment 

30980 of interest shall fall due, then this contract shall be deemed and 

30981 held absolutely null and void, and cease to be binding upon either 

30982 of the parties thereto, and said company and its assigns shall 

30983 forfeit all payments of principal and interest made on such pur- 
30981 chase, and all right and title, legal and equitable, of any kind 

30985 whatsoever, in and to all and every part of said lands which 

30986 shall not have been, before the date of such forfeiture, paid for, 

30987 as herein provided: Provided, however, That in case any of said 

30988 lands have been conveyed to bona-fide purchasers by said Atch- 

30989 ison, Topeka and Santa Fe Eailroad Company, such purchasers 

30990 shall be entitled to patents for said land so purchased by them 

30991 upon the payment of one dollar and twenty-five cents per acre 

30992 therefor, under such rules and regulations as may be prescribed 

30993 by the Secretary of the Interior. 

30991 Article 3. After such reservation shall have been selected 

30995 and set apart for the Pottawatoinies, it shall never be included 

30996 within the jurisdiction of any State or Territory, unless an Indian 

30997 Territory shall be organized, as provided for in certain treaties 

30998 made in eighteen hundred and sixty-six with the Choctaws and 

30999 other tribes occupying the "Indian country;" in which case, or 

31000 in case of the organization of a legislative council or other body, 

31001 for the regulation of matters affecting the relations of the tribes 

31002 to each other, the Pottawatoinies resident thereon shall have the 



694 



3 1003 right to representation, according to their numbers, on equal 

31004 terms with the other tribes. 

31005 Article 4. A register shall be made, under the direction of 
31008 the agent and the business committee of the tribe, within two 

31007 years after the ratification of this treaty, which shall show the 

31008 names of all members of the tribe who declare their desire to 

31009 remove to the new reservation, and of all who desire to remain 

31010 and to become citizens of the United States ; and after the filing 

31011 of such register in the office of the Commissioner of Indian 

31012 Affairs, all existing restrictions shall be removed from the sale 

31013 and alienation of lands by adults who shall have declared their 

31014 intention to remove to the new reservation : But, provided, That 

31015 no person shall be allowed to receive to his own use the avails of 

31016 the sale of his land, unless he shall have received the certificate 

31017 of the agent and business committee that he is fully competent 

31018 to manage his own affairs; nor shall any person also be allowed 

31019 to sell and receive the proceeds of the sale of the lands belongin g 

31020 to his family, unless the certificate of the agent and business 

31021 committee shall declare him competent to take the charge of 

31022 their property ; but such persons may negotiate for the sales of 

31023 their property and that of their families, and any contracts for 

31024 sales so made, if certified by the agent and business committee 

31025 to be at reasonable rates, shall be confirmed by the Secretary of 

31026 the Interior, and patents shall issue to the purchaser upon full 

31027 payment; and all payments for such land shall be made to the 

31028 agent, and the funds by him deposited on the first of each month 

31029 in some Government depository, to be designated by the Secretary 

31030 of the Treasury, and triplicate certificates of deposit taken there- 

31031 for, one to be forwarded to the Commissioner of Indian Affairs, 

31032 one to be retained at the agency, and the third to be sent to the 

31033 superintendent of Indian affairs for Kansas ; after which deposit 

31034 the United States will be responsible for said funds until drawn 

31035 out for use as hereinafter provided, and the bonds of the agent 

31036 shall be increased to a sufficient amount to cover his increased 

31037 liabilities under this section. 

31038 Article 5. The moneys received and deposited as provided 

31039 in the preceding article shall be retained until the party on whose 

31040 behalf it is held shall be ready to remove to the new reservation, 

31041 and shall then, or such part thereof as may from time to time be 

31042 necessary, be drawn out, under the direction of the Commis- 

31043 sioner of Indian Affairs, by the agent, and expended for the 

31044 benefit of the owner in providing for his removal and that ot 

31045 his family to the new reservation, and in such articles and for 

31046 such uses as may, with the advice of the business committee, be 

31047 deemed for his best interest at his new home. 

31048 Article 6. The provisions of article third of the treaty of 



695 



31049 April nineteenth, eighteen hundred and sixty-two (the next pre 

31050 ceding) relative to Pottawatomies who desire to become cit izens, 

31051 shall continue in force, with the additional provision that, before 

31052 patents shall issue and full payments be made to such persons, a 

31053 certificate shall be necessary from the agent and busiuess.commit- 

31054 tee that the applicant is competent to manage his own affairs; and 

31055 when computation is made to ascertain the amount of the funds 

31056 to the tribe to which such applicants are entitled, the amounts 

31057 invested in the new reservation provided for in the treaty shall 

31058 not be taken into account ; and where any member of the tribe 

31059 shall become a citizen under the provisions of the said treaty of 

31060 eighteen hundred and sixty-two, the families of said parties 

31061 shall also be considered as citizens, and the head of the family 

31062 shall be entitled to patents and the proportional share of funds 

31063 belonging to his family; and women who are also heads of * 

31064 families, and single women of adult age, may become citizens in 

31065 the same manner as males. 

31066 Article 7. (Stricken out.) 

31067 Article 8. Where allottees under the treaty of eighteen 

31068 hundred and sixty- one shall have died, or shall hereafter decease, 

31069 such allottees shall be regarded, for the purpose of a careful 

31070 and just settlement of their estates, as citizens of the United 

31071 States, and of the State of Kansas, and it shall be competent 

31072 for the proper courts to take charge of the settlement of their 

31073 estates under all the forms and in accordance with the laws of 

31074 the State, as in the case of other citizens deceased; and in cases 

31075 where there are children of allottees left orphans, guardians for 

31076 such orphans may be appointed by the probate court of the 

31077 county in which such orphans may reside, and such guardians 

31078 shall give bonds, to be approved by the said court, for the proper 

31079 care of the person and estate of such orphans, as provided by 

31080 law. 

31081 Article 9. It is agreed that an examination shall be made 

31082 of the books of the Indian Office, in order to ascertain what 

31083 amount is justly due to the Pottawatomies under the provisions 

31084 of their treaties of eighteen hundred and eighteen and eighteen 

31085 hundred and twenty-nine, providing for the payment of their 

31086 annuities in coin, whereas they have been paid for several years 

31087 in currency ; and the result of such examination shall be reported 

31088 to Congress, and the difference in amount due to said Indians 

31089 shall be paid to them. 

31090 Article 10. It is further agreed that, upon the presentation 

31091 to the Department of the Interior of the claims of said tribe for 

31092 depredations committed by others upon their stock, timber, or 

31093 other property, accompanied by evidence thereof, examination 

31094 and report shall be made to Congress of the amount found to be 



696 



31095 equitably clue, iu order that such action may be taken as shall 

31096 be just in the premises. 

31097 And it is further agreed that the claims of the Pottawato- 

31098 mies heretofore examined and reported on by the Secretary of 

31099 the Interior under the act of Congress of March two. eighteen 

31100 hundred and sixty-one, shall be submitted to two commissioners, 

31101 to be named by the President of the United States, for exami. 

31102 nation, and said commissioners, after being sworn impartially to 

31103 decide on said claims, shall make report of their judgment in the 
31101 premises, together with the evidence taken, to the Secretary of 

31105 the Interior, and the same shall be communicated to Congress 

31106 at its next session : Provided, That no part of the money re- 

31107 ported due by the said commissioners shall be paid until the 

31108 same shall be appropriated by Congress. 

31109 Article 11. The half sections of land heretofore set apart 

31110 for the mission-schools, to wit, those of the St. 3Iary ? s mission, 

31111 and the American Baptist mission, shall be granted in fee-simple, 

31112 the former to John F. Diels, John Schoenmaker, and M. Gillaud, 

31113 and the latter to such party as the American Baptist Board of 
31111 Missions shall designate. 

31115 And the said John F. Deils, John Shoemaker, and 31. Gil- 

31116 laud shall have the right to purchase in a compact body ten 

31117 hundred and thirteen 51-100 acres of the unallotted lands, at the 

31118 price of one dollar per acre, to be paid to the Secretary of the 

31119 Interior, for the use of said tribe, and when the consideration 

31120 shall be paid as aforesaid the President shall issue patents to 

31121 said purchasers therefor; and in selecting said ten hundred and 

31122 thirteen 51-100 acres, said purchasers shall have the preference 

31123 over all other parties. 

31121 Article 12. Xo provisions of this treaty shall be held to 

31125 apply in such manner as to authorize any interference with the 

31126 exclusive rights in their own lands of those members of the 

31127 tribe who hold their lands in common : but such Indians shall 

31128 be entitled to their share in the ownership of the new reserva- 

31129 tion ; and it shall not be necessary at any future time to treat 

31130 with the representatives of the whole people for a cession of the 

31131 lands of those who hold in common, but special treaty arrange- 

31132 ments may be made at any time with the class of persons last 

31133 named for the sale of their lands, and the disposition to be made 
31131 of the proceeds thereof. 

31135 Article 13. All provisions of former treaties inconsistent 

31136 with the provisions of this treaty shall be hereafter null and void . 

31137 Article 11. The expenses of negotiating this treaty shall 

31138 be paid by the United States, not to exceed six thousand dollars. 

31139 Proclaimed August 7, 1868. 



697 



31140 POTTAWOTTOMIES RESIDING OX THE RIVER IL- 

31141 LIXOIS. 

31142 A treaty of peace and friendship made and concluded between Will- 

31143 iam ClarJc, Ifinian Edwards, and Auguste Chouteau, commis- 

31144 sioners plenipotentiary of the United States of America, on the 

31145 part and behalf of the said States, of the one part, and the under- 

31146 signed chiefs and warriors of the Poutawatamie tribe or nation, 

31147 residing on the river Illinois, on the part and behalf of the said 

31148 tribe or nation, of the other part. 

31149 The parties, being desirous of re-establishing peace and 

31150 friendship between the United States and the said tribe or na- 

31151 tion, and of being placed, in all things and in every respect, on 

31152 the same footing upon which they stood before the war, have 

31153 agreed to the following articles : 

31154 Article 1. Erery injury or act of hostility by one or either 

31155 of the contracting parties against the other, shall be mutually 

31156 forgiven and forgot] 

31157 Article 2. There shall be perpetual peace and friendship 

31158 between all the citizens of the United States of America and all 

31159 the individuals composing the said Poutawatamie tribe or na~ 

31160 tion. 

31161 Articles. The contracting parties hereby agree, promise, 

31162 and bind themselves reciprocally to deliver up all the prisoners 

31163 now in their hands (by what means soever the same may have 

31164 come into their possession) to the officer commanding at Fort 

31165 Clarke, on the Illinois River, as soon as it may be practicable. 

31166 Article 4. The contracting parties, in the sincerity of mu- 

31167 tual friendship, recognise, re-establish, and confirm all and every 

31168 treaty, contract, and agreement heretofore concluded between 

31169 the United States and the Poutawatamie tribe or nation. 

31170 Ratified December 26, 1815. 



31171 POTTAWOTTOMIES OF THE PRAIRIE ASD KAN- 

31172 EAKEE. 

31173 Articles of a treaty made and concluded at Camp Tippecanoe, in the 

31174 State of Indiana, this twentieth day of October, in the year of 

31175 our Lord one thousand eight hundred and thirty-two, between 

31176 Jonathan Jennings, John W. Davis, and Marls Grume, com- 

31177 missioners, on the part of the United States, of the one part, 

31178 and the chiefs and head men of the Potawatamie tribe of In- 

31179 dians of the Prairie and Kankakee, of the other part. 

31180 Article 1. The said Potawatamie tribe of Indians cede to 

88 I T 



698 

31181 the United States the tract of land included within the follow- 

31182 ing boundary, viz : 

31183 Beginning at a point on Lake Michigan ten miles southward 

31184 of the mouth of Chicago River; thence, in a direct line, to a 
311S5 point on the Kaukakee River ten miles above its mouth; 

31186 thence, with said river and the Illinois River, to the mouth of 

31187 Fox River, being the boundary of a cession made by them in 

31188 1816 ; thence, with the southern boundary of the Indian Ter- 

31189 ritory, to the State line between Illinois and Indiana; thence, 

31190 north, with said line, to Lake Michigan ; thence, with the shore 

31191 of Lake Michigan, to the place of beginning. 

31192 Article 2. From the cession aforesaid the following tracts 

31193 shall be reserved, to wit : 

31191 Five sections for Shaw-waw-nas-see, to include Little Rock 

31195 Tillage. 

31196 For Min-e-maung, one section, to include his village. 

31197 For Joseph Laughton, son of Wais-ke-shaw, one section; 

31198 and for Ce-na-ge-wine, one section ; both to be located at Twelve 

31199 Mile Grove, or Ka-be-na-qui-nong. 

31200 For Claude Laframboise, one section, on Thorn Creek. 

31201 For Maw-te-no, daughter of Francois Burbonnois, jun., one 

31202 section, at Soldier's Village. 

31203 For Catish, wife of Francis Burbonnois, sen., one section, 

31204 at Soldier's Village. 

31205 For the children of Wais-ke-shaw, two sections, to include 

31206 the small grove of timber on the river above Rock Village. 

31207 For Jean B. Chevallier, one section, near Rock Village ; and 

31208 for his two sisters, Angelique and Josette, one half-section each, 

31209 joining his. 

31210 For Me-she-ke-ten-o, two sections, to include his village. 

31211 For Francis Le Via, one section, joining Me-she-ke-ten-o. 

31212 For the five daughters of Mo-nee, by her last husband, 

31213 Joseph Bailey, two sections. 

31214 For Me-saw-ke-qua and her children, two sections, at Wais- 

31215 us-kucks's Village. 

31216 For Sko-bon-ier, two sections, at his village. 

31217 For Josette Beanbien and her children, two sections, to be 

31218 located on Hickory Creek, 

31219 For Therese, wife of Joseph Laframboise, one section ; and 

31220 for Archange Pettier, one section, both at Skunk Grove. 

31221 For Mau i to-qua and son, one half*section each ; for the 

31222 children of Joseph Laframboise, one section, at Skunk Grove. 

31223 For Washington Burbonnois, one section, joining his moth- 

31224 era reservation, (Calish Burbonnois.) 

31225 For Ah-be-te-kezhicj one section, below the State-line on the 

31226 Kaukakee River. 



G99 



31227 For Nancy, Sally, and Betsey Countreman, children of En- 

31228 do-ga, one section, joining the reserves near Rock Village. 

31229 For Jacque Jonveau, one section, near the reservation of 

31230 Me-she-ke-ten-o. 

31231 For Wah-pon-seh and Qna-qui-to, five sections each, in the 

31232 prairie near Eock Village. 

31233 The persons to whom the foregoing reservations are made, 
31231 are all Indians and of Indian descent. 

31235 Article 3. In consideration of the cession in the first 

31236 article, the United States agree to pay to the aforesaid Potawa- 

31237 tamie Indians an annuity of fifteen thousand dollars for the term 

31238 of twenty years. Six hundred dollars shall be paid annually to 

31239 Billy Caldwell, two hundred dollars to Alexander Eobinson, and 
31210 two hundred dollars to Pierre Le Clerc, during their natural 
31241 lives. 

31212 Article 4. The sum of twenty-eight thousand seven hun- 

31243 dred and forty-six dollars shall be applied to the payment of 

31244 certain claims against the Indians, agreeably to a schedule of 

31245 the said claims hereunto annexed. 

31246 The United States further agree to deliver to the said In- 

31247 dians forty-five thousand dollars in merchandize immediately 

31248 after signing this treaty; and, also, the further sum of thirty 

31249 thousand dollars in merchandize is hereby stipulated to be paid 

31250 to them, at Chicago, in the year 1833. 

31251 There shall be paid by the United States the sum of one 

31252 thousand four hundred dollars to the following-named Indians, 

31253 for horses stolen from them during the late war, as follows, to 



31254 wit : 

31255 To Pe-quo-no, for two horses, eighty dollars $80 00 

31256 To Pa-ca-cha-be, for two ditto, eighty dollars 80 00 

31257 To Shaw-wa-nas-see, for one ditto, forty dollars 40 00 

31258 To Francis Sho-bon-nier, for three ditto, one hundred 

31259 and twenty dollars ., 120 00 

31260 To Sho-bon-ier, or Cheval-ier, for one ditto, forty 

31261 dollars 40 00 

3L262 To Naw-o-kee, for one ditto, forty dollars 40 00 

31263 To Me-she-ke-ten-o, for one ditto, forty dollars 40 00 

31264 To Aun-take, for two horses, eighty dollars 80 00 

31265 To Che-chalk-ose, for one ditto, forty dollars 40 00 

31266 To Naa-a-gue, for two ditto, eighty dollars 80 00 

31267 To Pe-she-ka-of-le-beouf, one ditto, forty dollars 40 00 

3 1268 To Naw-ca-a-sho, for four ditto, one hundred and sixty 

31269 dollars ....... 160 00 

31270 To Nox-sey, for one ditto, forty dollars 40 00 

31271 To Ma-che-we-tah, for three ditto, one hundred and 

31272 twenty dollars 120 00 



700 



31273 To Masco, for one ditto, forty dollars $40 00 

31274 To Wah-pou-seb, for one horse, forty dollars 40 00 

31275 To Waub-e-sai, for three ditto, one hundred and 
3127G twenty dollars 120 00 

31277 To Chi-cag, for one ditto, forty dollars. 40 00 

31278 To Mo*swah^en-wah, one ditto, forty dollars 40 00 

31279 To She*bon-e-go, one ditto, forty dollars. 40 00 



31280 To Saw-saw- wais-kuk, for two ditto, eighty dollars.. 80 00 

31281 The said tribe having been the faithful allies of the United 

31282 States during the late conflict with the Sacs and Foxes, in con- 

31283 sideration thereof the United States agree to permit them to 

31284 hunt and fish on the lands ceded, as also on the lands of the 

31285 Government on Wabash and Sangamon Eivers so long as the 

31286 same shall remain the property of the United States. 

31287 After the signing of this treaty, and at the request of the 

31288 Indians, three thousand dollars was applied to the purchasing of 

31289 horses; which were purchased and delivered to the Indians by 

31290 our direction, leaving the ballance to be paid in merchandize at 

31291 this time, forty-two thousand dollars. 

31292 It is agreed, on the part of the United States, that the fol- 

31293 lowing claims shall be allowed, agreeably to the fourth article of 

31294 the foregoing treaty, viz : 

31295 To Gurdon S. Hubbard, five thousand five hundred and 

31296 seventy-three dollars. 

31297 Samuel Miller, seven hundred and ninety dollars. 

31298 John Bt. Bobea, three thousand dollars. 

31299 Bobert A. Kinzie, four hundred dollars. 

31300 Jacque Jombeaux, one hundred and fifty dollars. 

31301 Jacque Jombeaux, senior, fifteen hundred dollars. 

31302 Medad B. Bobeaux, five hundred and fifty dollars. 

31303 Noel Yasier, eighteen hundred dollars. 

31304 Joseph Balies, twelve hundred and fifty dollars. 

31305 Joseph Shawnier, one hundred and fifty dollars. 

31306 Thomas Hartzell, three thousand dollars. 

31307 Bernarclus H. Lawton, three thousand five hundred dollars. 

31308 George "Walker, seven hundred dollars. 

31309 Stephen J. Scott, one hundred dollars. 

31310 Cole Weeks, thirty-eight dollars. 

31311 Timothy B. Clark, one hundred dollars. 

31312 George Pettijohn, fifty dollars. 

31313 Thomas Forsyth, five hundred dollars. 

31314 Antoine Le Clerc, fifty-five dollars. 

31315 James B. Campbell, fifty-three dollars. 

31316 John W. Blackstone, sixty dollars. 

31317 Alexander Bobinson, ninety-one dollars. 

31318 Francis Bulbona, jr., one thousand dollars. 



701 



81319 John Bt. Chevalier, six hundred and sixty dollars. 

31320 Joseph La Frombois, four hundred and forty-one dollars. 

31321 Leon Bourasau, eight hundred dollars. 

31322 Peter Menard, jr., thirty-seven dollars. 

31323 Joseph Shoemaker, eighteen dollars. 

31324 Tunis S. Wendell, one thousand dollars. 

31325 F. H. Countraman, forty dollars. 

31326 Samuel Morris, one hundred and forty dollars. 

31327 William Conner, two thousand dollars. 

31328 John B. Bourie, twelve hundred dollars. 

31329 Proclaimed January 21, 1833. 



31330 POTTAAYOTTOMIES OF THE STATE OF IXDIAXA AND 

31331 TERRITORY OF MICHIGAN. 

31332 Articles of a treaty made and concluded on the Tippecanoe River, 

31333 in the State of Indiana, on the twenty-seventh day of October. 
31331 in the year of our Lord eighteen hundred and thirty-two, he- 

31335 tween Jonathan Jennings, John TP. Davis, and Maris Crume, 

31336 commissioners on the part of the United States, and the chiefs 

31337 and warriors of the Potowatomies of the State of Indiana and 

31338 Michigan Territory. 

31339 Article 1. The chiefs and warriors aforesaid cede to the 

31340 United States their title and interest to lands in the States of 

31341 Indiana and Illinois, and in the Territory of Michigan, south of 

31342 Grand River. 

31343 Article 2. From the cession aforesaid the following re- 

31344 servations are made, to wit: The reservation at Po-ca-gan's vil 

31345 lage for his band, and a reservation for such of the Potowatomies 

31346 as are resident at the village of Notta-we-sipa, agreeably to the 

31347 treaties of the nineteenth of September, eighteen hundred and 

31348 twenty-seven, and twentyeth of September, 1828, 

31349 For the band of Kin-Kash, four sections. 

31350 For O-ca-chee, one section. 

31351 For the band Mes-qua-buck, four sections, to include his 

31352 village. 

31353 For the baud of Che-kase, four sections, to include his 

31354 village. 

31355 For the band of Che-Chaw-kose, ten sections, to include his 

31356 village. 

31357 For the Potowatomies, two sections, to include their mills 

31358 on Tippecanoe River. 



31359 For the baud of To-i-sas brother Me-mot-way, and Che-quani- 

31360 ka-ko, ten sections, to include their village. 

31361 For the band of Ma-sac, four sections. 

31362 For the band of Asli-kuin and TTee-si-o-nas, sixteen sections, 

31363 to include their village. 

31364 For the band of Wee-sau, five sections of land, including 

31365 one section granted to him by the treaty of eighteen hundred and 

31366 twenty-eight, and to include his present residence. 

31367 For the bands of Mo-ta and Men-o quet, four sections each, 

31368 to include their villages. 

31369 For Be-si-ah, four sections. 

31370 Article 3. The United States agree to grant to each of the 

31371 following persons the quantity of land annexed to their names, 

31372 which land shall be conveyed to them by patent : 

31373 For Mon4-taw-qaah, daughter of Swa-gaw, one section, to 

31374 include Wi-me-gos village. 

31375 For TTee-saw, three, sections. 

31376 For Po-quia, the sister of Jose, one section. 

31377 For Ben-ack, eight sections. 

31378 For Ursule Du-qmn-dre, one section. 

31379 For Ge-neir, one section. 

31380 To To-pen-ne-bee, principal chief, one section. 

31381 To Poch-a-gan, second chief, one section. 
3L3S2 To Pet-chi-co, two sections. 

31383 To Sau-gana, one section. 

31381 To Louis Barnett. one section. 

31385 To Mam-qua, daughter of Sau-ga-na, one section. 

31386 To Mish-a-wa, adopted daughter of Pit-e-ckew, one section. 

31387 To Kesis Shadana. one section. 

31388 To Louis Chadana, one half section. 

31389 To Charles Chadana, one half-section. 

31390 To John B. Chadana, one section. 

31391 To Pier Xavarre's wife, one section. 

31392 To John B. Ducharm, one section. 

31393 To Mie-saw-bee, one quarter-section. 
31391 To Baptiste L. Clare, one half-section. 

31395 To Mary Lacomb's children, one half-section. 

31396 To Joseph Bertrand's, jr., children, one half-section jointly. 

31397 To Francis Page, jr., one half-section. 

31398 To Alexander Eollane, a half-blood, one half-section. 

31399 To Be-re-mo-sau, (alias) Panish, one section and one half- 

31100 section, on the McOou, on the river Baison, in the Michigan 

31101 Territory, which was reserved to his use at St. Joseph's treaty, 

31102 of eighteen hundred and twenty-eight. 

31103 To Mary Xedeau, one quarter-section. 

31101 To Saw-grets, son of Pier Moran, one half-section. 



703 



31405 To Isadore Mo-mence and Wa-be-ga, sons of Pier Morans, 

31406 one quarter-section each. 

31407 To Poeh-a-gan's wife, one section. 

31408 To Pet-qna and Kee-see, sons of Ma-kee-sa-be, one half-sec- 

31409 tion. 

31410 To Pe-nein-chis, one half-section. 

31411 To Neu-a-tau-riaut, one half-section. 

31412 To Frauds de Jean, one section. 

31413 To Mary Ann Ben-ack, wife of Edward McCartney, three 

31414 sections of land, to be located on the south side of the Turkey 

31415 Creek Prairie. 

31416 For Francis Besion, one half-section. 

31417 For Miss-no qui, a chieftess, four sections. 

31418 For Luther Pvice, one quarter-section. 

31419 For Med-liu Aueharni, one quarter-section. 

31420 For Sheaupo Truckey, one section. 

31421 For Ju-be Actrois, one section. 

31422 For Ash-kum, two sections. 

31423 For Pee-pees-kah, one section. 

31424 For Po-ka-kause, one half-section. 

31425 For Nas-wau-kee, one section. 

31426 For Man me- n ass, one half-section. 

31427 For Paul Longlois, one half-section. 

31428 For Peter Longlois, jnnr., one half-section. 

31429 For Shaw-bo wah-tuck, one quarter- section. 

31430 For Betsey Eousau. one quarter-section. 

31431 For John Davis, one half-section. 

31432 For Nancy Cicott, one quarter-section. 

31433 For Amelia Cicott, one quarter-section. 

31434 For Lazette Allen, one quarter-section. 

31435 For Polly Griffith, daughter of Ne-bosh, two sections. 

31436 For Chop-y-tuck, or John Payne, one section. 

31437 For Joe Borisau, one quarter-section. 

31438 For Quasli-mau, one quarter section. 

31439 For Mas co, one quarter-section. 

31440 For Mis-sink-qu-quak, six sections. 

31441 For Aub-e-naub-bee, ten sections. 

31442 For Nee-kaw Dizzardee, one quarter-section. 

31443 For Mog-see, one half-section. 

31444 To Kaubee, one half -sect ion. 

31445 To old Ann Mac i-to, one half-section. 

31446 To old Wee-saw, one half-section. 

31447 To Pe-te-no-on, one half^section. 

31448 To Tou-se-qua, the wife of Joe Baily, one section* 

31449 To Au-taw r co-num, daughter of the Crane, one section.. 

31450 To Sen-niss- quah. and her daughter Nancy, two sections, 



704 



31451 To James Burnett, one section. 

31452 To To-gah, a Potawatoinie woman, one quarter-section. 

31453 To Mary Ann Bruner, one quarter-section. 

31454 Tbe foregoing reservations shall be selected, under the di- 

31455 rection of the President of the United States, after the lands 

31456 shall have been surveyed and the boundaries to correspond with 

31457 the public surveys. 

31458 Article 4. In consideration of the aforesaid cession the 

31459 United States will pay fifteen thousand dollars annually for 

31460 twelve years ; thirty-two thousand dollars in goods will be paid as 

31461 soon after the signing of these articles as they can be procured, 

31462 and ten thousand dollars in goods will be paid next spring at 

31463 Notta-wa-si-pa, and to be paid to that band, and pay their just 

31464 debts, agreeably to a schedule hereunto annexed, amounting to 

31465 twenty thousand seven hundred and twenty-one dollars. 

31466 The section of land granted by the treaty of St. Joseph to 

31467 To-pe-nau-koung, wife of Peter Longlois, shall be purchased by 

31468 the United States, if the same can be done for the sum of eight 

31469 hundred dollars. 

31470 The United States agree to appropriate, for the purposes of 

31471 educating Indian youths, the annual sum of two thousand doh 

31472 lars, as long as the Congress of the United States may think 

31473 proper, to be expended as the President may direct. 

31474 This treaty shall take effect and be obligatory on the con* 

31475 tracting parties as soon as the same shall have been ratified by 

31476 the President of the United States, by and with the advice and 

31477 consent of the Senate. 

31478 After the signing of this treaty, and at the request of the 

31479 Indians, two thousand seven hundred dollars were applied to 

31480 the purchasing of horses, which were purchased and delivered 

31481 to the Indians under our direction, leaving the sum to be paid 

31482 in merchandise at this time twenty-nine thousand three hundred 

31483 dollars. 

31484 It is agreed on the part of the United States that he fol- 

31485 lowing claims shall be allowed, agreeable to the fourth article of 

31486 the foregoing treaty, viz : 

31487 To Erasmus Winslow, three hundred dollars* 

31488 Squire Thompson, one hundred dollars. 

31489 L. Johnson, three hundred and seven ty*five dollars. 

31490 Prancis Comperret, two thousand four hundred and fifty 

31491 dollars. 

31492 lea Rice, fifteen hundred dollars. 

31493 T. P. and J. J. Godfroy, two hundred and fifty dollars. 

31494 Joseph Smith, twenty-six dollars. 

31495 James Aveline, ninety-eight dollars. 

31496 Edward Smith, forty-seven dollars* 



705 



31497 Gustavus A. Everts, two hundred dollars. 

31498 Alexis Coquillard, five thousand one hundred dollars. 

31499 Lathrop M. Taylor, two thousand two hundred and eighty 

31500 dollars. 

31501 Peter and J. J. Godfroy, three thousand five hundred dol- 

31502 lars. 

31503 E. A. Forsyth, eighteen hundred dollars. 

31504 Louis Dupuis, forty dollars. 

31505 Timothy S.. Smith, three hundred and ninety dollars. 

31506 William Huff, one hundred dollars. 

31507 Thomas Jones, two hundred and seventy-five dollars. 

31508 Michael Oadieux, four hundred and ninety dollars. 

31509 Arthur Patterson, nine hundred dollars. 

31510 Samuel McGeorge, three hundred and fifty dollars. 

31511 I). H. Colerick, one hundred and fifty dollars. 

31512 James Conner, one thousand dollars. 

31513 Proclaimed January 21, 1833. 

31514 POTTAWOTOMIES— OxlM-O-ZA, CHIEF. 

31515 Articles of a treaty made and concluded at a camp on Lake 
3151(3 Max-ee-nie-hue-lcee, in the State of Indiana, bettveen William 

31517 Marshall, commissioner on the part of the United States, and 

31518 Com-o-za, a cMef of the Potatvattimie tribe of Indians, and his 

31519 band, on the fourth day of December, in the year eighteen hun- 

31520 dred and thirty four. 

31521 Article 1. The above-named chief and his band hereby 

31522 cede to the United States the two sections of land reserved for 

31523 them by the 2d article of the treaty between the United States 

31524 and the Pottawattimie Indians on Tippecanoe Eiver on the 

31525 26th day of October, in the year eighteen hundred and thirty- 

31526 two. 

31527 Article 2. The above-named chief and his band agree to 

31528 yield peaceable possession of said, sections within three years 

31529 from the date of the ratification of said treaty of eighteen hun- 

31530 dred and thirty-two. 

31531 Article 3. In consideration of the cession aforesaid the 

31532 United States stipulate to pay the above-named chief and his 

31533 band the sum of four hundred dollars in goods at the signing of 

31534 this treaty, and an annuity of four hundred dollars for one year, 

31535 the receipt of which former sum of (four hundred dollars in 

31536 goods) is hereby acknowledged. 

31537 Article 4. This treaty shall be binding upon both parties 

31538 from the date of its ratification by the President and Senate of 

31539 the United States. 

31540 Proclaimed March 16, 1835. 

89 i T 



706 



31541 POTTAWQTTOMIES— MUCK-ROSE, CHIEF. 

31512 Articles of a treaty made and concluded at a camp on Tippecanoe 

31513 River, in the State of Indiana, between William Marshall. 
31541 commissioner on tlie part of the United States, and Muck-Hose, 
31515 a chief of the Potawattamie tribe of Indians, and his band, on 
3154G the tenth day of December, in the year eighteen hundred and 
31517 thirty four. 

3154S Article 1. The above-named chief and his band hereby 

31549 cede to the United States six sections of land reserved for them 

31550 by the second article of the treaty between the United States 

31551 and the Pottawattamie Indians on Tippecanoe River on the 

31552 twenty-sixth day of October, in the year eighteen hundred and 

31553 thirty-two. 

31554 Article 2. The above-named chief and his band agree to 

31555 yield peaceable possession of the said sections of land to the 

31556 United States within three years from the date of the ratifica- 

31557 tion of said treaty of eighteen hundred and thirty- two. 

3155S Article 3. In consideration of the cession aforesaid the 

31559 United States stipulate to pay to the above-named chief and his 

31500 band four hundred dollars in goods at the signing of this treaty, 

31561 and an annuity of one thousand dollars for two years, the 

31562 receipt of which former sum of (four hundred dollars in goods) 

31563 is hereby acknowledged. 

31564 Article 4. This treaty shall be binding upon both parties 

31565 from the date of its ratification by the President and Senate 

31566 of the United States. 

31567 Proclaimed March 16. 1835. 

31568 POTTATTATTOMIES — MOT A, CHIEF. 

31569 Articles of a treaty made and concluded at the Indian agency, lo- 

31570 gansport. Indiana, between William Marshall, commissioner 

31571 on the part of the United States, and Mota, a chief of the Po- 

31572 tawattimie tribe of Indians, and his band, on tlie 17th day of 

31573 December, in the year eighteen hundred and thirty four. 

31574 Article 1. The above-named chief and his band hereby 

31575 cede to the United States the four sections of land reserved for 

31576 them by the second article of the treaty between the United 

31577 States and the Potawattimie Indians on the twenty-seventh day 

31578 of October, in the year eighteen hundred and thirty -two. 

31579 Article 2. The above-named chief and head-men and their 



707 



31580 baud do hereby agree to yield peaceable possession of said sec- 

31581 tions, and to remove, with their families, to a country provided 

31582 for them by the United States west of the Mississippi River 

31583 within three years or less from the date of the ratification of 

31584 said treaty of eighteen hundred and thirty-two. 

31585 Article 3. The United States, in consideration of the ces- 

31586 sion made in the first article of this treaty, do hereby stipulate 

31587 to remove the above-named chief and head-men and their bands 

31588 to the new country provided for them, and to furnish them 

31589 either goods, farming-utensils, or other articles necessary for 

31590 them, agreeably to the provisions of the fifth article of the treaty 

31591 of October twenty-sixth, eighteen hundred and thirty-two. 

31592 Article 1. The United States further stipulate to pay to 

31593 the above-named chief and head-men and their bands the sum 

31594 of six hundred and eighty dollars in goods at the signing of this 

31595 treaty, and the farther sum of six hundred dollars in cash at 
3159G the payment of their annuities in 1835, the receipt of which 

31597 former sum of (six hundred and eighty dollars in goods) is hereby 

31598 acknowledged. 

31599 Article 5. This treaty shall be binding upon both parties, 

31600 from the date of its ratification by the Senate of the United 

31601 States. 

31602 Proclaimed March 16, 1835. 



31603 POTTAWOTTOMIES— ME8-QUAW-BUCK, CHIEE. 

31604 Articles of a treaty made and concluded at camp in Turkey Creek 

31605 Prairie, in the State of Indiana, between Abel C. Pepper, a 

31606 commissioner of the United States, and Mes-quaw-buck, a chief' 

31607 of the Pottawatamy tribe of Indians, and his band, on twenty- 

31608 sixth day of March, in the year eighteen hundred and thirty-six. 

31609 Article 1. The above-named chief and his band hereby 

31610 cede to the United States the four sections of land reserved for 

31611 them by the second article of the treaty between the United 

31612 States and the Pottawatamy Indians on Tippecanoe Eiver on the 

31613 twenty-seventh day of October, 1832. 

31614 Article 2. In consideration of the cession aforesaid the 

31615 United States stipulate to pay the above-named chief and his 

31616 band the sum of twenty-five hundred and sixty dollars in specie 

31617 at the next payment of annuity after the ratification of this 

31618 treaty. 

31619 Article 3. The United States stipulate to provide for the 



708 



31620 paymeat of the necessary expenses attending the making and 

31621 concluding this treaty. 

31622 Aeticle 1. The above-named chief aud his hand agree to 

31623 yield peaceable possession of the above sections of land and re- 
31621 move to the country west of the Mississippi provided for the 

31625 Pottawatamy Nation by the United States within two years 

31626 from this date. 

31627 Aeticle 5. This treaty shall be binding upon both parties 
3162S from the date of its ratification by the President and Senate of 

31629 the United States. 

31630 Proclaimed June 1. 1836. 

31631 POTTA WATTOMIES— W AU-KE -WA . CHE-CGSE'S ONLY 

31632 SOX. A CHIEF. 

31633 Articles of a treaty made and concluded on Tippecanoe Hirer, in 
31631 the State of Indiana, between Abel C. Pepper, commissioner on 

31635 the part of the United States, and Wau-he-ica. Che-coses only 

31636 son, a Pottawatamy chief, and his band, on the tirenty-ninth 

31637 day of March, eighteen hundred and thirty-si:c. 

3163S Aeticle 1. The above-named chief and his band hereby 

31639 cede to the United States the four sections of land reserved for 

31610 them by the second article of the treaty between the United 

31611 States and the Pottawatamy Indians. 

31612 Aeticle 2. The above-named chief and his band agree to 

31613 yield peaceable possession of said land within three months from 
31611 this date, and to remove to the country provided for the Potta- 

31615 watamy Nation west of the Mississippi Eiver within two years. 

31616 Aeticle 3. In consideration of the cession aforesaid the 

31617 United States stipulate to pay the above-named chief and his 
3161S band twenty-rive hundred and sixty dollars in specie at the first 
31619 payment of annuity after the ratification of this treaty. 

31650 Aeticle 1. The United States stipulate to provide for the 

31651 payment of the necessary expenses attending the making and 

31652 concluding this treaty. 

31653 Article 5. This treaty shall be binding upon both the 
31651 parties from the date of its ratification by the President and 

31655 Senate of the United States. 

31656 Proclaimed June 1. 1S36. 



709 



31657 P01TAWATTOMIES— PAU-KOO-SHITCK, CHIEF, ETC. 

31658 Articles of a treaty made and concluded at a camp on Tippecanoe 
31G59 River, in the State of Indiana, between Abel C. Pepper, com- 

31660 missioner on the part of the United States, and Pau-Tcooshuck, 

31661 Aub-ba-naub-ba's oldest son, and the head-men of Aub ba- 

31662 naub-ba's band of Potawattimie Indians, this eleventh day of 

31663 April, in the year eighteen hundred and thirty-six. 

31664 Article 1. The aforesaid Pau-koo-shuek and the head-men 

31665 of Aub-ba-naub-ba's band hereby cede to the United States the 

31666 thirty-six sections of land reserved for them by the second article 

31667 of the treaty between the United States and the Potawattiinie 

31668 Indians on Tippecanoe River on the twenty-sixth day of Oeto- 

31669 ber, in the year eighteen hundred and thirty-two. 

31670 Article 2. In consideration of the cession aforesaid the 

31671 United States stipulate to pay to the aforesaid band the sum of 

31672 twenty -three thousand and forty dollars in specie, one-half at the 
3L673 first payment of annuity after the ratification of this treaty, and 

31674 the other half at the succeeding payment of annuity. 

31675 Article 3. The above-named Pau-koo-shuck and his band 

31676 agree to remove to the country west of the Mississippi River 

31677 provided for the Potawattimie Nation by the United States 

31678 within two years. 

31679 Article 4. This treaty, after the same shall be ratified by 

31680 the President and Senate of the United States, shall be binding 

31681 upon both parties. 

31682 Proclaimed May 25, 1836. 



31683 POTTAWOTTOMIES— O-KAH-MAUSE, CHIEF, ETC. 

31684 Articles of a treaty made and concluded at the Indian agency in 

31685 the State of Indiana, between Abel C. Pepper, commissioner on 

31686 the part of the United States, and O-hah-mause, Kec-waw-nay, 

31687 Nee-boash, and Mat-chis-jaw, chiefs and head-men of the Fata- 

31688 wattimie tribe of Indians, and their bands, on the twenty-second 

31689 day of April, in the year eighteen hundred and thirty-six. 

31690 Article 1. The above-named chiefs and head-men and 

31691 their bands hereby cede to the United States ten sections of 

31692 land reserved for them by the second article of the treaty be- 

31693 tween the United States and the Patawattimie tribe of Indians 



710 



31694 on Tippecanoe Biver on the 26th day of October, in the year 

31695 1832. 

31696 Article 2. In consideration of the cession aforesaid the 

31697 United States stipulate to pay to the above-named chiefs and 

31698 head-men and their bands the sum of six thousand four hun- 

31699 dred dollars at the first payment of annuity after the ratifica- 

31700 tion of this treaty. 

31701 Article 3. The above-named chiefs and head-men and 

31702 their bands agree to remove to the country west of the Missis- 

31703 sippi River provided for the Patawattimie Nation by the United 
31701 States within two years. 

31705 Article 4. The United States stipulate to provide for the 

31706 payment of the necessary expenses attending the making and 

31707 concluding this treaty. 

31708 Article 5. This treaty, after the same shall be ratified by 

31709 the President and Senate of the United States, shall be binding 

31710 upon both parties. 

31711 Proclaimed May 25, 1836. 



31712 POTTAWOTTOMIES— NAS-WAW-KEE, ETC., CHIEFS. 



31713 Articles of a treaty made and concluded at the Indian agency in 

31714 the State of Indiana, between Abel C. Pepper, commissioner on 

31715 the part of the United States, and Nas-waw-lzee and Quash- 

31716 qnaiv, chiefs and head-men of the Patawattimie tribe of In- 

31717 dians, and their bands, on the 22d day of April, 1836. 

31718 Article 1. The above-named chiefs and head-men and 

31719 their bands hereby cede to the United States three sections of 

31720 land reserved for them by the second article of the treaty be- 

31721 tween the United States and the Patawattimie tribe of Indians 

31722 on Tippecanoe Elver on the 26th day of October, 1832. 

31723 Article 2. In consideration of the cession aforesaid the 

31724 United States stipulate to pay the above chiefs and head-men 

31725 and their bands nineteen hundred and twenty dollars at the 

31726 first payment of annuity after the ratification of this treaty. 

31727 Article 3. The above-named chiefs and head-men and 

31728 their bands agree to give possession of the aforesaid three sec- 

31729 tions of land and remove to the country west of the Mississippi 

31730 Eiver provided by the United States for the Potawattimie Nation 

31731 of Indians within two years from this date. 

31732 Article 4. The United States stipulate to provide for the 

31733 payment of the necessary expenses attending the making and 

31734 concluding this treaty. 



711 



31735 Article 5. This treaty, after the same shall be ratified by 

31736 the President and Senate of the United States, shall be binding 

31737 upon both parties. 

31738 Proclaimed May 25, 1S3G. 



31739 POTTAWOTIOMIES— TO-I-SA'S BPOTI1EI?, ETC., 

31740 CHIEFS. 

31711 Articles of a treaty made and concluded at Chipgeioanaung, in the 

31742 State of Indiana, beticeen Abel G. Pepper, commissioner on the 

31743 part of tlte United States, and To-i-sa's brother, Me-mat-tcay, 

31744 and Che-quaw-'ka-'ko, chiefs and head-men of the Patawattimie 

31745 tribe of Indians, and their band, on the twentieth day o f Sep - 
3174G tember, in the year eighteen hundred and thirty-six. 

31747 Article 1. The above-named chiefs and head-men and 

31748 their band hereby cede to the United States ten sections of 

31749 land reserved for them by the second article of the treaty be- 

31750 tween the United States and the Patawattimie tribe of Indians 

31751 on Tippecanoe River on the 27th day of October, in the year 

31752 1832. 

31753 Article 2, In consideration of the cession aforesaid the 

31754 United States stipulate to pay the above-named chiefs and 

31755 head-men and their band the sum of eight thousand dollars on 

31756 or before the first day of May next. 

31757 Article 3. The above-named chiefs and head-men and 

31758 their band agree to remove to the country west of the Missis- 

31759 sippi River provided for the Patawattimie Xation by the United 

31760 States within two years. 

31761 Article 4. At the request of the above-named band it is 

31762 stipulated that after the ratification of this treaty the United 

31763 States shall appoint a commissioner, who shall be authorized to 

31764 pay such debts of the said band as may be proved to his satis- 

31765 faction to be just, to be deducted from the amount stipulated 

31766 in the second article of this treaty. 

31767 Article 5. The United States stipulate to provide for the 

31768 payment of the necessary expenses attending the making and 

31769 concluding this treaty. 

31770 Article 6. This treaty, after the same shall be ratified by 

31771 the President and Senate of the United States, shall be binding 

31772 upon both parties. 

31773 Proclaimed February 18, 1837. 



712 



31774 POTTAWGTTOMIES— PE-PIN-A-WAW, ETC., CHIEFS. 

31775 Articles of a treaty made and concluded \it a camp near Yelloiv 

31776 River, in the State of Indiana, between Abel G. Pepper, com- 

31777 missioner on the part of the United States, and Pe-pin-a-waw, 

31778 No-taivlmh, & Mac-Jcah-tah-mo-ah, chiefs and head-men of the 

31779 Potawattimie tribe of Indians, and their bands, on the fifth 

31780 day of August, in the year eighteen hundred and thirty-six. 

31781 Article 1. The above-named chiefs and head-men and 

31782 their bauds hereby cede to the United States twenty -two sec- 

31783 tions of land, reserved for them by the second article of the 
31781 treaty between the United States and the Potawattimie tribe ot 

31785 Indians, on Tippecanoe Eiver, on the twenty-sixth day of Octo- 

31786 ber, in the year eighteen hundred and thirty-two. 

31787 Article 2. In consideration of the cession aforesaid the 

31788 United States stipulate to pay to the above-named chiefs and 

31789 head-men and their bands the sum of fourteen thousand and 

31790 eighty dollars in specie after the ratification of this treaty, and 

31791 on or before the first day of May next ensuing the date hereof- 

31792 Article 3. The above-named chiefs and head-men and their 

31793 bands agree to remove to the country west of the Mississippi 
31791 Eiver provided for the Potawattimie Nation by the United States 

31795 within two years. 

31796 Article 4. At the request of the above-named band it is 

31797 stipulated that after the ratification of this treaty the United 

31798 States shall appoint a commissioner, who shall be authorized to 

31799 pay such debts of the said band as may be proved to his satis- 

31800 faction to be just, to be deducted from the amount stipulated in 

31801 the second article of this treaty. 

31802 Article 5. The United States stipulate to provide for the 

31803 payment of the necessary. expences attending the making and 

31804 concluding this treaty. 

31805 Article 6. This treaty, after the same shall be ratified by 

31806 the President and Senate of the United States, shall be binding 

31807 upon both parties. 

31808 Proclaimed February 18, 1837. 



713 



31809 POTTAWATTOMIES OF THE WA BASH. 

31810 Articles of a treaty made and concluded at Chippe-way naung, in 

31811 the State of Indiana, on the twenty -third day of September, in 

31812 the year one thousand eight hundred and thirty-six, between 

31813 Abel C. Pepper, commissioner on the part of the United States, 

31814 and the chiefs, warriors, and head-men of the Potawattamie 

31815 Indians of the Wabash. 

3181G Article 1. The chiefs, warriors, and head-men of the Pota- 

31817 wattainies of the Wabash hereby cede to the United States, all 

31818 the land belonging to the said tribe in the State of Indiana, and 

31819 designated in the treaty of 1832, (proclaimed January 21, 1833,) 

31820 (between Jonathan Jennings, John W. Davis, and Marks Crume, 

31821 commissioners of the United States, and the chiefs and warriors 

31822 of the Potawattiinies of the State of Indiana and Michigan 

31823 Territory.) as reservations for the use of the following bands, viz : 



31824 For the band of Kin-krash, four sections 4 sec. 

31825 For the band of Che-chaw-kose, ten sections 10 do. 

31826 For the band of Ash-kum and Wee-si-o nas, sixteen sec- 

31827 tions 16 do. 

31828 For the band of We-saw, four sections > . 4 do. 

31829 For the band of Mo-ta, four sections 4 do. 

31830 For the bands of Mi-no-quet, four sections. ........... 4 do. 

31831 

31832 42 



31833 Article 2. In consideration of the cession aforesaid, the 

31834 United States stipulate to pay the above chiefs, warriors, and 

31835 head-men of the Potawattimie Nation one dollar and twenty- 

31836 five cents per acre, or thirty-three thousand six hundred dollars, 

31837 (33,600,) in specie, on or before the first of May, in the year 

31838 eighteen hundred and thirty-seven. — (Procliamed January 21, 

31839 1833.) 

31840 Article 3. The above-named chiefs, warriors, and head-men 

31841 of the Potowattimies of the NYabash agree to remove to the coun- 

31842 try west of the Mississippi Eiver provided for the Potawattimie 

31843 Nation by the United States within two years. 

31844 Article 4. At the request of the above-named chiefs, war- 

31845 riors, and head-men of the Potawattimies aforesaid, it is stipu- 

31846 lated that, after the ratification of this treaty, the United States 

31847 shall appoint a commissioner, who shall be authorized to pay such 

31848 debts of said Wabash Potawattimies as may be proved to his 

31849 satisfaction to be just, to be deducted from the amount stipulated 

31850 in the 2d article of this treaty. 

90 i T 



714 



31851 Article 5. The United States stipulate to provide for the 

31852 payment of the necessary expenses attending the making and 

31853 concluding this treaty. 

31851 Article 6. This treaty shall be binding upon the parties 

31855 aforesaid from the date of its ratification by the President and 

31856 Senate of the United States. 

31857 Proclaimed February 18, 1837. 



31858 POTTAWOTTOMIES, MO SACK, CHIEF. 

31859 Articles of a treaty made and concluded at Chippewunaung, in tlie 

31860 State of Indiana, between A. C. Pepper, commissioner on the 

31861 part of the United States, and Mo-sack, chief of the Potawattimie 

31862 tribe of Indians, and his band, on the twenty-second day of Sep- 

31863 tember, in the year eighteen hundred and thirty-six. 

31861 Article 1. The above-named chief and his band hereby 

31865 cede to the United States four sections of land, reserved for 

31866 him and his band by the 2nd article of the treaty between the 

31867 United States and the Potawattimie tribe of Indians, on Tip- 

31868 pe canoe Elver, on the 27th day of October, in the year eighteen 

31869 hundred and thirty-two, (proclaimed January 21, 1833.) 

31870 Article 2. In consideration of the cession aforesaid, the 

31871 United States stipulate to pay the above-named chief and his 

31872 band the sum of three thousand two hundred dollars, on or be- 

31873 fore the first of May next. 

31874 Article 3. The above-named chief and his band agree to 

31875 remove to the country west of the Mississippi River provided 

31876 for the Potawattimie Nation by the United States within two 

31877 years. 

31878 Article 4. At the request of the above-named chief and 

31879 his band, it is stipulated that after the ratification of this treaty 

31880 the United States shall appoint a commissioner, who shall be 

31881 authorized to pay such debts of the said band as may be proved 

31882 to his satisfaction to be just, to be deducted from the amount 

31883 stipulated in the second article of this treaty. 

31884 Article 5. The United States stipulate to provide for the 

31885 payment of the necessary expenses attending the making and 

31886 concluding this treaty. 

31887 Article 6. This treaty, after the same shall be ratified by 

31888 the President and Senate of the United States, shall be binding 

31889 upon both parties. 

31890 Proclaimed February 16, 1837. 



715 



31891 POTTAWOTTOMIES, CHEE-CHAW-KOSE, OEIIEF. 

31892 Articles of a treaty concluded in the city of Washington on the 

31893 eleventh day of February, eighteen hundred and thirty-seven, 

31894 between John T. Douglass, commissioner on the part of the 

31895 United States, and Chee-chaiv-lcose, Ash-lcum Wee-saw, or Lou- 

31896 ison, Muck-lcose, and Qui-qui-to, chiefs of the Potawatomie 

31897 tribe of Indians. 

31898 Article 1. The chiefs and head-men above named do, for 

31899 themselves and their respective bands, sanction and give their 

31900 assent to the provisions of the treaties concluded between A. C. 

31901 Pepper, commissioner on the fjart of the United States, and 

31902 certain chiefs and young men of the Potawatomie tribe of Indians, 

31903 on the 5th day of August and 23d day of September, 1836, (botli 

31904 proclaimed February 18, 1837,) in which were ceded to the United 

31905 States certain lands in the State of Indiana, in which the chiefs 

31906 and head-men above named have an interest, the same having 

31907 been reserved for them and their bands, respectively, in the treaties 

31908 of October 26th and 27th, 1832. And the chiefs and head-men above 

31909 named, for themselves and their bands, do hereby cede to the 

31910 United States all their interest in said lands, and agree to remove 

31911 to a country that may be provided for them by the President of 

31912 the United States southwest of the Missouri River, within two 

31913 years from the ratification of this treaty. 

31914 Article 2. The United States agree that the several sums, 

31915 for the payment of which provision is made in the treaties of 

31916 August and September, 1836, referred to in the preceding arti- 

31917 cle, shall be paid to the respective chiefs and bands for whose 

31918 benefit the lands ceded by said treaties were reserved. 

31919 Article 3. The United States farther agree to convey, by 

31920 patent, to the Potawatomies of Indiana, a tract of country on 

31921 the Osage Eiver, southwest of the Missouri River, sufficient in 

31922 extent and adapted to their habits and wants ; remove them to 

31923 the same ; furnish them with one year's subsistence after their 

31924 arrival there, and pay the expenses of this treaty and of the 

31925 delegation now in this city. 

31926 Article 4. It is further stipulated that the United States 

31927 will purchase the " five sections in the prairie, near Rock Yil- 

31928 lage," reserved for Qui-qui-to in the second article of the treaty 
3L929 of October 20th, 1832, for the sum of $4,000, to be paid to said 

31930 chief at such times and places as the President of the United 

31931 States may think proper. 

31932 Article 5. This treaty to be obligatory upon the coatract- 

31933 ing parties when ratified by the President and Senate of the 

31934 United States. 

31935 Proclaimed February 18, 1837. 



716 

31936 QUAPAWS. 

31937 A treaty of friendship, cession, and limits, made and entered into 

31938 this twenty-fourth day of August, eighteen hundred and eight- 

31939 een, by and betiveen William Clark and Auguste Chouteau, 
31910 commissioners on the part and behalf of the United States, of 

31941 the one part, and the undersigned chiefs and warriors of the 

31942 Quapaiv tribe or nation, on the part and behalf of their said 

31943 tribe or nation, of the other part. 

31944 Article 1. The undersigned chiefs and warriors, for them- 

31945 selves and their said tribe or nation, do hereby acknowledge 
3194G themselves to be under the protection of the United States, and 

31947 of no other state, power, or sovereignty whatsoever. 

31948 Article 2. The undersigned chiefs and warriors, forthem- 

31949 selves and their said tribe or nation, do hereby, for and in con- 

31950 si deration of the promises and stipulations hereinafter named, 

31951 cede and relinquish to the United States forever all the lauds 

31952 within the following boundaries, viz : Beginning at the mouth 

31953 of the Arkansaw River ; thence extending up the Arkansaw to 

31954 the Canadian Fork, and up the Canadian Fork to its source ; 

31955 thence south to Big Red Elver, and down the middle of that 
31 950 river to the Big Raft ; thence a direct line so as to strike the 

31957 Mississippi River thirty leagues in a straight line below the 

31958 mouth of Arkansaw, together with all their claims to land east 

31959 of the Mississippi and north of the Arkansaw River included 

31960 within the coloured lines 1, 2, and 3 on the above map, * with 

31961 the exception and reservation following, that is to say, the tract 

31962 of country bounded as follows : Beginning at a point on the 

31963 Arkansaw River opposite the present post of Arkansaw, and 

31964 running thence a due southwest course to the Washita River ; 

31965 thence up that river to the Saline Fork ; and up the Saline Fork 

31966 to a point from whence a due north course would strike the Ar 

31967 kansaw River at the Little Rock ; and thence down the right 

31968 bank of the Arkansaw to the place of beginning ; which said 

31969 tract of laud, last above designated and reserved, shall be sur- 

31970 veyed and marked off at the expense of the United States as 

31971 soon as the same can be done with convenience, and shall not 

31972 be sold or disposed of by the said Quapaw tribe or nation to any 

31973 individual whatever, nor to any State or nation, without the ap- 

31974 probation of the United States first had and obtained. 

31975 Article 3. It is agreed between the United States and the 

31976 said tribe or nation that the individuals of the said tribe or na- 

31977 tion shall be at liberty to hunt within the territory by them 



*A map accompanies the original treaty. (Reservation.) 



717 



31978 ceded to the United States, without hindrance or molestation. 

31979 so long as they demean themselves peaceably and offer no injury 

31980 or annoyance to any of the citizens of the United States, and 

31981 until the said United States may think proper to assign the 

31982 same, or any portion thereof, as hunting-grounds to other friendly 

31983 Indians. 

31984 Article 4. No citizen of the United States, or any -other 

31985 person, shall be permitted to settle on any of the lands hereby 
3198G allotted to and reserved for the said Quapaw tribe or nation 

31987 to live and hunt on ; yet it is expressly understood and agreed 

31988 on, by and between the parties aforesaid, that at all times the 

31989 citizens of the United States shall have the right to travel and 

31990 pass freely, without toll or exaction, through the Quapaw reser- 

31991 vation, by such roads or routes as now are or hereafter may be 

31992 established. 

31993 Article 5. In consideration of the cession and stipulations 

31994 aforesaid, the United States do hereby promise and bind them- 

31995 selves to pay and deliver to the said Quapaw tribe or nation, 

31996 immediately upon the execution of this treaty, goods and mer- 

31997 chandize to the value of four thousand dollars, and to deliver, 

31998 or cause to be delivered, to them, yearly, and every year, goods 

31999 and merchandize to the value of one thousand dollars, to be es- 

32000 timated in the city or place in the United States where the same 

32001 are procured or purchased. 

32002 Article 6. Least the friendship which now exists between 

32003 the United States and the said tribe or nation should be inter- 

32004 rupted by the misconduct of individuals, it is hereby agreed 

32005 that, for injuries done by individuals, no private revenge or re- 

32006 taliation shall take place; but, instead thereof, complaints shall 

32007 be made by the party injured to the other by the tribe or nation 

32008 aforesaid to the governor, superintendent of Indian affairs, or 

32009 some other person authorized and appointed for that purpose ; 

32010 and by the governor, superintendent, or other person author- 

32011 ized, to the chiefs of the said tribe or nation. And it shall be 

32012 the duty of the said tribe or nation, upon complaint being made, 

32013 as aforesaid, to deliver up the person or persons against whom 

32014 the complaint is made, to the end that he or they may be pun- 

32015 ished agreeably to the laws of the State or Territory where the 

32016 offence may have been committed ; and, in like manner, if any 

32017 robbery, violence, or murder shall be committed on any Indian 

32018 or Indians belonging to the said tribe or nation, the person or 

32019 persons so offending shall be tried, and, if found guilty, punished 

32020 in like manner as if the injury had been done to a while man. 

32021 And it is further agreed that the chiefs of the said tribe or na- 

32022 tion shall, to the utmost of their power, exert themselves to re- 

32023 cover horses or other property which may be stolen from any 



718 



32024 citizen or citizens of tlie United States by any individual or in- 

32025 dividuals of the said tribe or nation ; and the property so re- 

32026 covered shall he forthwith delivered to the governor, superin- 

32027 tend ant, or other person authorized to receive the same, that it 

32028 may be restored to the proper owner. And in cases where the 

32029 exertions of the chiefs shall be ineffectual in recovering the 

32030 property stolen, as aforesaid, if sufficient proof can be obtained 

32031 that such property was actually stolen by an Indian or Indians 

32032 belonging to the said tribe or nation, a sum equal to the value 

32033 of the property which has been stolen may be deducted by the 

32034 United States from the annuity of said tribe or nation. And 

32035 the United States hereby guaranty to the individuals of the said 

32036 tribe or nation a full indemnification for any horse or horses or 

32037 other property which may be taken from them by any of their 

32038 citizens : Provided, The property so stolen cannot be recovered, 

32039 and that sufficient proof is produced that it was actually stolen 

32040 by a citizen or citizens of the United States. 

32041 Article 7. This treaty shall take effect and be obligatory 

32042 on the contracting parties as soon as the same shall have been 

32043 ratified by the President of the United States, by and with the 

32044 advice and consent of the Senate. 

32045 Proclaimed July 5, 1818. 



32046 Articles of a treaty between the United States of America and the 

32047 Qiiapaw Nation of Indians. 

32048 Article 1. The Qua paw Nation of Indians cede to the 

32049 United States of America, in consideration of the promises and 

32050 stipulations hereinafter made, all claim or title which they may 

32051 have to lands in the Territory of Arkansas, comprised in the fol- 

32052 lowing boundaries, to wit: Beginning at a point on the Arkan- 

32053 sas Eiver, opposite to the post of Arkansas, and running thence 

32054 a due southwest course to the Ouachita Eiver ; and thence up 

32055 the same to the Saline Fork; and up the Saline Fork to a point 

32056 from whence a due northeast course will strike the, Arkansas 

32057 Eiver at Little Eock ; and thence down the right (or south bank) 

32058 of the Arkansas Eiver to the place of beginning. 

32059 Article 2. In cod si derat ion of th e cession made in the first 

32060 article of this treaty by the aforesaid chiefs and warriors, the 

32061 United States engage to pay to the four head chiefs of the Qua- 

32062 paw Nation the sum of five hundred dollars each, in considera- 

32063 tion of the losses they will sustain by removing from their farms 

32064 and improvements, the payment to be made at the time they 

32065 receive their annuity for the year 1825 ; and also to the said 

32066 nation the sum of four thousand dollars, to be paid in goods at 

32067 the signing of this treaty. And the United States also engage 



719 



32068 to pay to the Quapaw Nation one thousand dollars in specie, 

32069 annually, for the term of eleven years, in addition fco bheii pres- 

32070 ent annuity. 

32071 Article 3. The United States hereby guaranty to the said 

32072 nation of Indians the same right to hunt on the lands by them 

32073 hereby ceded as was guarantied to them by a treaty concluded 

32074 at St. Louis on the 24th of August, 1818, between the said Qua 

32075 paw Nation of Indians and William Clark and August Choteau, 

32076 commissioners on the part of the United States. 

32077 Article 4. The Quapaw tribe of Indians will hereafter be 

32078 concentrated and confined to the district of country inhabited 

32079 by the Caddo Indians, and form a part of said tribe. The s lid 

32080 nation of Indians are to commence removing to the district 

32081 allotted them before the twentieth day of January, one thou- 

32082 sand eight hundred and twenty-six. 

32083 Article 5. For the purpose of facilitating the removal of 

32084 the said tribe to the district of country allotted them, and as 

32085 a compensation for the losses sustained and the inconveniences 

32086 to which they may be exposed by said removal, the United States 

32087 will furnish them with corn, meat, and salt, for six months, 

32088 from the first day of January, one thousand eight hundred and 

32089 twenty-six. The United States further agree to furnish a sum 

32090 not exceeding one thousand dollars, to be expended by their 

32091 agent, to facilitate the transportation of the said tribe to the 

32092 district of country herein assigned them. An agent, sub-agent, 
. 32093 or interpreter, shall be appointed to accompany said tribe and 

32094 to reside amon^ them. 

32095 Article 6. From the cession aforesaid there shall be re- 

32096 served to James Scull, in consideration of a debt of seven 
3.2097 thousand five hundred dollars duo to him from the Quapaw 

32098 Nation, and recognized in open council, two sections of land, 

32099 commencing on the Arkansas Eiver opposite to Mrs. Embree's 

32100 and running up and back from said river for quantity. And the 

32101 United States guaranty to the Quapaw Nation the payment of 

32102 the said debt of seven thousand five hundred dollars, either by 

32103 the ratification of the grant made in this article or by the pay- 

32104 meut of said amount in money, exclusive of the amount stipn- 

32105 lated to be paid to the said nation by this treaty. 

32106 Article 7. There shall be granted by the United States 

32107 to the following persons, being Indians by descent, the follow 

32108 ing tracts of land: To Francois Iinbeau, one quarter-section of 

32109 land, commencing at a point on the Arkansas River opposite 

32110 the upper end of Wright Daniel's farm, and thence up and back 

32111 from said river for quantity. To Joseph Duchassien, one qnar- 

32112 ter-section of land, commencing at the lower corner of the quar- 

32113 ter-section granted to Francois Iinbeau, and running down and 



720 



32114 back from said river for quantity. To Saracen, a half-breed 

32115 Qoapaw, eighty acres of land, to belaid off so as to include his 

32116 improvement, where he now resides, opposite Vaugine's. To 

32117 Batiste Soeie, eighty acres of land laying above and adjoining 

32118 Saracen's grant. To Joseph Bonne, eighty acres of land lying 

32119 above and adjoining Socie's grant. To Baptiste Bonne, eighty 

32120 acres of land lying above and adjoining Joseph Bonne's grant. 

32121 To Lewis Bartelmi, eighty acres of land lying above and ad- 

32122 joining Baptiste Bonne's grant. To Antoine Dnchassin, eighty 

32123 acres of land lying above and adjoining Bartelmi's grant. To 

32124 Baptiste Imbeau, eighty acres of land lying above and adjoining 

32125 A. Duchassin's grant. To Francois Coupot, eighty acres of land 

32126 lying above and adjoining Baptiste Imbeau's grant. To Joseph 

32127 Yalliere, eighty acres of land lying above and adjoining Fran- 

32128 cois Coupot's grant. All the said tracts of land shall be laid off 

32129 so as to conform to the lines of the United States surveys and 

32130 binding on the Arkansas River. 

32131 Article 8. This treaty shall take effect and be obligatory 

32132 on the contracting parties so soon as the same shall be ratified 

32133 by the Senate of the United States. 

32134 Proclaimed February 18, 1825. 

32135 Articles of agreement or a treaty between the United States and the 

32136 Quapaw Indians entered into by John F, Schermerhorn, com- 

32137 missioner of Indian affairs West, on the part of the United 

32138 States, and the chiefs and ivarriors of the Quapaiv Indians. 

32139 Whereas, by the treaty between the United States and the 

32140 Quapaw Indians, concluded November 15th, 1824, they ceded to 

32141 the United States all their lands in the Territory of Arkansas, 

32142 and according to which they were u to be concentrated and con- 

32143 fined to a district of country inhabited by the Caddo Indians and 

32144 form apart of said tribe," (see article 4, preceding treaty ;) and 

32145 Whereas they did remove according to the stipulations of 

32146 said treaty, and settled on the Bayou Treache on the south side 

32147 of Red River, on a tract of land given them by the Caddo In- 

32148 dians, but which was found subject to frequent inundations on 
32149. account of the raft on Red River, and where their crops were 

32150 destroyed by the water year after year, and which also proved 

32151 to be a very sickly country, and where, in a short time, nearly 

32152 one-fourth of their people died ; and 

32153 Whereas they could obtain no other situation from the 

32154 Caddoes, and they refused to incorporate them and receive them 

32155 as a constituent part of their tribe, as contemplated by their 

32156 treaty with the United States, and as they saw no alternative but 



721 



32157 to perish, if they continued there, or to return to their old resi- 

32158 dence on the Arkansas, they therefore chose the latter ; and 

32159 Whereas they now find themselves very unhappily situated 

32160 in consequence of having their little improvements taken from 

32161 them by the settlers of the country, and being anxious to secure 

32162 a permanent and peaceable home, the following articles or treaty 

32163 are agreed upon between the United States and the Quapawln- 

32164 dians, by John F. Schermerhorn, , commis- 

32165 sioners of Indian affairs West, and the chief's and warriors of 

32166 said Quapaw Indians, this (13th) thirteenth day of May, 1833 : 

32167 Article 1. The Quapaw Indians hereby relinquish and 

32168 convey to the United States all their right and title to the lands 

32169 given them by the Caddo Indians on the Bayou Treache of Ked 

32170 River. 

32171 Article 2. The United States hereby agree to convey to 

32172 the Quapaw Indians one hundred and fifty sections of land west 

32173 of the State line of Missouri and between the lands of the Sene- 

32174 cas and Shawnees, not heretofore assigned to any other tribe of 

32175 Indians, the same to be selected and assigned by the commis- 

32176 sioners of Indian affairs West, and which, is expressly designed 

32177 to be [in] lieu of their location on Eed River; and to carry into 

32178 effect the treaty of 1824, in order to provide a permanent home 

32179 for their nation, the United States agree to convey the same, 

32180 by patent to them and their descendants as long as they shall exist 

32181 as a nation or continue to reside thereon; and they also agree to 

32182 protect them in their new residence against all interruption or 

32183 disturbance from any other tribe or nation of Indians or from 

32184 any other person or persons whatever. 

32185 Article 3. Whereas it is the policy of the United States. 

32186 in all their intercourse with the Indians, to treat them liberally 

32187 as well as justly, and endeavor to promote their civilization and 

32188 prosperity, it is further agreed that, in consideration of the im- 

32189 portant and extensive cessions of lands made by the Quapaws to 

32190 the United States, and in view of their present impoverished 

32191 and wretched condition, they shall be removed to their new 

32192 homes at the expense of the United States, and that they will 

32193 supply them with one year's provision from the time of their 

32194 removal, which shall be as soon as they receive notice of the 

32195 ratification of this treaty by the President and Senate of the 

32196 United States. The United States will also furnish and deliver 

32197 to them, after their arrival at their new homes, one hundred 

32198 cows, one hundred breeding-hogs, one hundred sheep, ten yoke 

32199 of working-cattle, twenty-five ploughs, one hundred axes, one 

32200 hundred hoes, four ox-carts, and one wagon, with all their 

32201 necessary rigging; twenty iron hand corn-mills; tools of different 

32202 descriptions to the amount of two hundred dollars; also, looms. 

91 I T 



722 



32208 wheels, reels, and wool-cards to the amount of two hundred dol- 

32204 larsj one hundred blankets ; fifty rifles, and five shot-guns, all 

32205 with flint-locks; ten kegs of powder, and six hundred pounds of 

32206 lead. The United States agree to provide a farmer to reside 

32207 with them and to aid and instruct them in their agricultural 

32208 pursuits, and a blacksmith to do their necessary work, with a 

32209 shop and tools, and iron and steel not exceeding one ton per 

32210 year. The United States also agree to appropriate one thousand 

32211 dollars per year for education purposes, to be expended under 

32212 the direction of the President of the United States ; the farmer 

32213 and blacksmith and the above appropriation for education pur- 

32214 poses to be continued only as long as the President of the Uni- 

32215 ted States deems necessary for the best interests of the Indians. 

32216 Article 4. It is hereby mutually agreed upon between the 

32217 parties respectively to this treaty, that in lieu of and in full 

32218 consideration of their present annuities, perpetual and limited, 

32219 the United States will pay the debts of the Quapaw Indians, 

32220 according to the annexed schedule, to the amount of four thou- 

32221 sand one hundred and eighty dollars, provided they can be dis- 

32222 charged in full for that amount. They will also expend to the 

32223 amount of one thousand dollars in hiring suitable labourers to 

32224 build and aid them in erecting comfortable cabins and houses to 

32225 live in ; and also that they will pay them annually two thousand 

32226 dollars for twenty years from the ratification of this treaty, and 

32227 that out of said annuity there shall be allowed to their four 

32228 principal chiefs, Hackatton, Sarassan, Tonnonjinka, and Kahe- 

32229 ketteda, and to their successors each, in addition to their distri- 

32230 butive share of said annuity, the sum of fifty dollars per year. 

c 2231 Article 5. It is hereby agreed, and expressly understood, 

32232 that this treaty is only supplementary to the treaty of 1824, and 

32233 designed to carry into effect the views of the United States in 

32234 providing a permanent and comfortable home for the Quapaw 

32235 Indians ; and also that all the stock and articles furnished the 

32236 Indians by the United States as expressed in the fourth article 

32237 shall be under the care and direction of the agent and farmer of 

32238 said tribe, to see that the same is not squandered or sold, or any 

32239 of the stock slain by the Indians, untill such time as the natu- 

32240 ral increase of the stock will warrant the same to be done with- 

32241 out destroying the whole, and thus defeating the benevolent 

32242 views of the Government in making this provision for them. 

32243 Article 6. The United States also agrees to employ an 

32244 interpreter to accompany them on their removal, and the same 

32245 to continue with them during the pleasure of the President of 

32246 the United States. The above treaty shall be binding on the 

32247 United States whenever ratified and approved by the President 

32248 and Senate of the United States. 



723 



32249 The amount due from the Quapaw tribe of Indians to the 



32250 following-named persons : 

32251 Frederick Notrabe $507 00 

32252 Joseph Dardene 300 00 

32253 Ignace Bogy 170 00 

32254 Alexander Dickerson 28 00 

32255 William Montgomery 350 00 

32256 Joseph Bonne , 30 00 

32257 Joseph Duchasin 30 00 

32258 Baptiste Bonne 20 00 

32259 Autoine Barraque 2, 235 00 

322G0 George W. Boyer 50 00 

32261 Weylon King 400 00 

32262 

32263 4, 180 00 

32264 Proclaimed April 12, 1834, 



32265 QUI-NAI-ELTS, ETC. 

32266 Treaty between the United Mates and the Qui-nai-elt and Quil-leh- 

32267 ute Indians, concluded on the Qui-nai-elt River, in the Terri- 

32268 tory of Washington, July 1, 1855, and at the city of Olympia 

32269 January 25, 1856 ; ratified by the Senate March 8, 1859. 

32270 James Buchanan, President of the United States of America, 

32271 to all and singular to whom these presents shall come, 

32272 greeting: 

32273 Whereas a treaty was made and concluded on the Qui-nai- 

32274 elt River, in the Territory of Washington, on the first day of 

32275 July, one thousand eight hundred and fifty-five, and at the city 

32276 of Olympia, also in said Territory, on the twenty-fifth day of 

32277 January, one thousand eight hundred and fifty-six, between 

32278 Isaac I. Stevens, governor and superintendent of Indian affairs 

32279 in the Territory aforesaid, on the part of the United States, and 

32280 the hereinafter-named chiefs, head-men, and delegates of the 

32281 different tribes and bands of the Qui-nai-elt and Quil-leh-ute 

32282 Indians, on the part of said tribes and bands, and duly author- 

32283 ized thereto by them ; which treaty is in the words and figures 

32284 following, to wit: 

32285 Articles of agreement and convention made and concluded by 

32286 and between Isaac I. Stevens, governor and superintendent 

32287 of Indian affairs of the Territory of Washington, on the 

32288 part of the United States, and the undersigned chiefs, head- 

32289 men, and delegates of the different tribes and bands of the 



724 



32290 Qui-nai-elt and Quii-leh-ute Indians, on the part of said 

32291 tribes and bands, and dnly authorized thereto by them. 

32292 Article 1. The said tribes and bands hereby cede, relin- 

32293 quish, and convey to the United States all their right, title, and 

32294 interest in and to the lands and country occupied by them, 

32295 bounded and described as follows : Commencing at a point on 

32296 the Pacific coast, which is the southwest corner of the lauds 

32297 lately ceded by the Makah tribe of Indians to the United States, 

32298 and running easterly with aud along the southern boundary of 

32299 the said Makah tribe to the middle of the coast range of moun- 

32300 tains ; thence southerly with said range of mountains to their 

32301 intersection with the dividing ridge between the Chehalis 

32302 and Quiniatl Rivers; thence westerly with said ridge to the 

32303 Pacific coast ; thence northerly along said coast to the place of 

32304 beginning. 

32305 Article 2. There shall, however, be reserved, for the use and 

32306 occupation of the tribes and bands aforesaid, a tract or tracts of 

32307 land sufficient for their wants within the Territory of Washiog- 

32308 ton, to be selected by the President of the United States, and here- 

32309 after surveyed or located and set apart for their exclusive use, 

32310 and no white man shall be permitted to reside thereon without 

32311 permission of the tribe and of the superintendent of Indian 

32312 affairs or Indian agent. And the said tribes and bands agree to 

32313 remove to and settle upon the same within one year after the 

32314 ratification of this treaty, or sooner, if the means are furnished 

32315 them. In the meantime it shall be lawful for them to reside 

32316 upon any lands not in the actual claim and occupation of citi- 

32317 zens of the United States, and upon any lands claimed or occu- 

32318 pied, if with the permission of the owner or claimant. If neces- 

32319 sary for the public convenience, roads may be run through said 

32320 reservation, on compensation being made for any damage sus- 

32321 tained thereby. 

32322 Article 3. The right of taking fish at all usual and ac- 

32323 customed grounds and stations is secured to said Indians in com- 

32324 monwith all citizens of the Territory, and of erecting temporary 

32325 houses for the purpose of curing the same, together with the 

32326 privilege of hunting, gathering roots and berries, and pasturing 

32327 their horses on all open and unclaimed lands: Provided, however, 

32328 That they shall not take shell-fish from any beds staked or culti- 

32329 vated by citizens; and provided, also, that they shall alter all 

32330 stallions not intended for breeding, aud shall keep up and con- 

32331 fine the stallions themselves. 

32332 Article 4. In consideration of the above cessiou, the United 

32333 States agree to pay to the said tribes and bands the sum of twenty- 

32334 five thousand dollars, in the followiug manner, that is to say : 

32335 For the first year after the ratification hereof, two thousand 



725 



32336 five hundred dollars ; for the next two years, two thousand 

32337 dollars each year; for the next three years, one thousand six 

32338 hundred dollars each year ; for the next four years, one thousand 

32339 three hundred dollars each year; for the next live years, oik? 

32340 thousand -dollars each year; and for the next fiye years, seven 

32341 hundred dollars each year ; all of which sums of money shall 

32342 be applied to the use and benefit of the said Indians under the 

32343 directions of the President of the United States, who may, from 

32344 time to time, determine at his discretion upon what beneficial 

32345 objects to expend the same; aud the superintendent of Indian 

32346 affairs, or other proper officer, shall each year inform the Presi- 

32347 dent of the wishes of said Indians in respect thereto. 

32348 Article 5. To enable the said Indians to remove to and 

32349 settle upon such reservation as may be selected for them by the 

32350 President, and to clear, fence, and break up a sufficient quantity 

32351 of land for cultivation, the United States further agree to pay 

32352 the sum of two thousand five hundred dollars, to be laid out and 

32353 expended under the direction of the President, and in such 

32354 manner as he shall approve. 

32355 Article 6. The President may hereafter, when in his 

32356 opinion the interests of the Territory shall require, and the wel- 

32357 fare of the said Indians be promoted by it, remove them from 

32358 said reservation or reservations to such other suitable place or 

32359 places within said Territory as he may deem fit, on remunerating 

32360 them for their improvements and the expenses of their removal, 

32361 or may consolidate them with other friendly tribes or bands, in 

32362 which latter case the annuities payable the consolidated tribes re- 

32363 spectively shall also be consolidated ; and he may further, at 

32364 his discretion, cause the whole or any portion of the lands to be 

32365 reserved, or of such other land as may be selected in lieu thereof, 

32366 to be surveyed into lots, and assign the same to such individuals 

32367 or families as are willing to avail themselves of the privilege, 

32368 and will' locate on the same as a permanent home, on the same 

32369 terms and subject to the same regulations as are provided in the 

32370 sixth article of the treaty with the Omahas, so far as the same 

32371 may be applicable. Any substantial improvements heretofore 

32372 made by any Indians, and which they shall be compelled to 

32373 abandon in consequence of this treaty, shall be valued under the 

32374 direction of the President, and payment made accordingly there- 

32375 for. 

32376 Article 7. The annuities of the aforesaid tribes and bands 

32377 shall not be taken to pay the debts of individuals. 

32378 Article 8. The said tribes and bands acknowledge their 

32379 dependence on the Government of the United States, and pro- 

32380 mise to be friendly with all citizens thereof, and pledge them- 

32381 selves to commit no depredations on the property of such citizens]; 



726 



32382 and should any one or more of them violate this pledge, and the 

32383 fact be satisfactorily proven before the agent, the property taken 

32384 shall be returned, or, in default thereof, or if injured or destroyed, 

32385 compensation may be made by the Government out of their an- 

32386 nuities. Nor will they make war on any other tribe, except in 

32387 self-defence, but will submit all matters of difference between 

32388 them and other Indians to the Government of the United States, 

32389 .or its agent, for decision, and abide thereby ; and if any of the 

32390 said Indians commit any depredations on any other Indians 

32391 within the Territory, the same rule shall prevail as is prescribed 

32392 in this article in case of depredations against citizens. And the 

32393 said tribes and bands agree not to shelter or conceal offenders 

32394 against the laws of the United States, but to deliver them to the 

32395 authorities for trial. 

32396 Article 9. The above tribes and bands are desirous to ex- 

32397 elude from their reservations the use of ardent spirits, and to 

32398 prevent their people from drinking the same, and therefore it is 

32399 provided that any Indian belonging to said tribes who is guilty 

32400 of bringing liquor into said reservations, or who drinks liquor, 

32401 may have his or her proportion of the annuities withheld from 

32402 him or her for such time as the President may determine. 

32403 Article 10. The United States further agree to establish 

32404 at the general agency for the district of Puget Sound, within one 

32405 year from the ratification hereof, and to support for a period of 

32406 twenty years, an agricultural and industrial school, to be free to 

32407 the children of the said tribes and bands in common with those 

32408 of the other tribes of said district, and to provide the said school 

32409 with a suitable instructor or instructors, and also to provide a 

32410 smithy and carpenter's shop, and furnish them with the neces- 

32411 sary tools, and to employ a blacksmith, carpenter, and farmer 

32412 for a term of twenty years, to instruct the Indians in their res- 

32413 pective occupations. And the United States further agree to 

32414 employ a physician to reside at the said central agency, who shall 

32415 furnish medicine and advice to their sick, and shall vaccinate 

32416 them; the expenses of the said school, s shops, employees, and 

32417 medical attendance to be defrayed by the United States, and not 

32418 deducted from their annuities. 

32419 Article 11. The said tribes and bands agree to free all 

32420 slaves now held by them, and not to purchase or acquire others 

32421 hereafter. 

32422 Article 12. The said tribes and bands finally agree not to 

32423 trade at Vancouver's Island or elsewhere out of the dominions 

32424 of the United States, nor shall foreign Indians be permitted to 

32425 reside on their reservations without consent of the superintend- 

32426 ent or agent. 



727 



32427 Article 13. This treaty shall be obligatory on the con 

32428 tracting parties as soon as the same shall be ratified by the 

32429 President and Senate of the United States. 

32430 Proclaimed April 11, 1859. 



32431 RICARAS. 

32432 Treaty icith the Ricara tribe. 

32433 To put an end to an unprovoked hostility on the part of the 

32434 Ricara tribe of Indians against the United States, and to restore 

32435 harmony between the parties, the President of the United States, 

32436 by Brigadier-General Henry Atkinson, of the United States 

32437 Army, and Major Benjamin O'Fallon, Indian agent, commission- 

32438 ers duly appointed and commissioned to treat with the Indian 

32439 tribes beyond the Mississippi River, give peace to the said 

32440 Ricara tribe ; the chiefs and warriors thereof having first made 

32441 suitable concessions for the offence. And for the purpose of re- 

32442 moving all further or future cause of misunderstanding as re- 

32443 spects trade and friendly intercourse between the parties, the 

32444 above-named commissioners on the part of the United States, 

32445 and the undersigned chiefs and warriors of the Ricara tribe of 

32446 Indians on the part of said tribe, have made and entered into 

32447 the following articles and conditions, which, when ratified by 

32448 the President of the United States, by and with the advice 

32449 and consent of the Senate, shall be binding on both parties, to 

32450 wit : 

32451 Article 1. Henceforth there shall be a firm and lasting 

32452 peace between the United States and the Ricara tribe of Indians ; 

32453 and a friendly intercourse shall immediately take place between 

32454 the parties. 

32455 Article 2. It is admitted by the Ricara tribe of Indians 

32456 that they reside within the territorial limits of the United States. 

32457 acknowledge their supremacy, and claim their protection. The 

32458 said tribe also admit the right of the United States to regulate 

32459 all trade and intercourse with them. 

32460 Article 3. The United States agree to receive the Ricara 

32461 tribe of Indians into their friendship, and under their protec- 

32462 tion, and to extend to them, from time to time, such benefits 

32463 and acts of kindness as may be convenient and seem just and 

32464 proper to the President of the United States. 

32465 Article 4. All trade and intercourse with the Ricara tribe 

32466 shall be transacted at such place or places as may be designated 

32467 and pointed out by the President of the United States, through 



728 



32468 his agents ; and none but American citizens, duly authorized by 

32469 the United States, shall be admitted to trade or hold intercourse 

32470 with said tribe of Indians. 

32471 Article 5. That the Kicara tribe may be accommodated 

32472 with such articles of merchandize, &c, as their necessities may 

32473 demand, the United States agree to admit and licence traders 

32474 to hold intercourse with said tribe, under mild and equitable 

32475 regulations ; in consideration of which, the Kicara tribe bind 

32476 themselves to extend protection to the persons and the property 

32477 of the traders, and the persons legally employed under them, 

32478 while they remain within the limits of their district of country. 

32479 And the said Kicara tribe further agree that if any foreigner 

32480 or other person, not legally authorized by the United States, 

32481 shall come into their district of country for the purposes of 

32482 trade or other views, they will apprehend such person or per- 

32483 sons, and deliver him or them to some United States superin- 

32484 tendent or agent of Indian affairs, or to the commandant of the 

32485 nearest military post, to be dealt w r ith according to law. And 

32486 they further agree to give safe-conduct to all persons who may 

32487 be legally authorized by the United States to pass through their 

32488 country, and to protect in their persons and property all agents 

32489 or other persons sent by the United States to reside temporarily 

32490 among them. 

32491 Article 6. That the friendship which is now established 

32492 between the United States and the Kicara tribe shall not be in- 

32493 terrupted by the misconduct of individuals, it is hereby agreed 

32494 that for injuries done by individuals no private revenge or re- 

32495 taliation shall take place, but, instead thereof, complaints shall 

32496 be made by the party injured to the superintendent or agent of 

32497 Indian affairs, or other person appointed by the President ; and 

32498 it shall be the duty of the said chiefs, upon complaint being 

32499 made as aforesaid, to deliver up the person or persons against 

32500 whom the complaint is made, to the end that he or they may be 

32501 punished, agreeably to the laws of the United States. And, in 

32502 like manner, if any robbery, violence, or murder shall be com- 

32503 mitted on any Indian or Indians belonging to said tribe, the 

32504 x>erson or persons so offending shall be tried, and, if found guilty, 

32505 shall be punished in like manner as if the injury had been done 

32506 to a white man. And it is agreed that the chiefs of the said 

32507 Kicara tribe shall, to the utmost of their power, exert themselves 

32508 to recover horses or other property which may be stolen or 

32509 taken from any citizen or citizens of the United States by any 

32510 individual or individuals of said tribe; and the property so re- 

32511 covered shall be forthwith delivered to the agents or other per- 

32512 son authorized to receive it, that it may be restored to the proper 

32513 owner. And the United States hereby guaranty to any Indian 



729 



32514 or Indians of said tribe a full indemnification for any horses or 

32515 otber property which may be stolen from them by any of their 

32516 citizens : Provided, That the property so stolen cannot be re- 

32517 covered, and that sufficient proof is produced that it was 

32518 actually stolen by a citizen of the United States. And the said 

32519 Kicara tribe engage, on the requisition or demand of the Pres- 

32520 ident of the United States, or of the agents, to deliver up any 

32521 white man resident among them. 

32522 Article 7. And the chiefs and warriors, as aforesaid, 

32523 promise and engage that their tribe will never, by sale, ex- 

32524 change, or as presents, supply any nation, tribe, or bands of In- 

32525 dians not in amity with the United States with guns, ammuni- 

32526 tion, or other implements of war. 

32527 Proclaimed February 26, 1825. 



32528 ROGUE RIVERS. 

32529 Franklin Pierce, President of the United States of America, 

32530 to all and singular to whom these presents shall come, 

32531 greeting: 

32532 Whereas a treaty was made and entered into at Table Rock, 

32533 near Rogue River, in the Territory of Oregon, this 10th day of 

32534 September, A. D. 1853, by and between Joel Palmer, snperin- 

32535 tendent of Indian affairs, and Samuel H. Culver, Indian agent, 

32536 on the part of the United States, and Jo-aps-er-ka-har, principal 

32537 chief, Sam To-qua-he-ar, and Jim Ana-cha-a-rah, subordinate 

32538 chiefs, and others, head-men of the bands of the Rogne River 

32539 tribe of Indians, on the part of said tribe. 

32540 Article 1. The Rogue River tribe of Indians do hereby 

32541 cede and relinquish, for the considerations hereinafter specified, 

32542 to the United States, all their right, title, interest, and claim to 

32543 all the lands lying in that part of the Territory of Oregon, and 

32544 bounded by lines designated as follows, to wit : 

32545 Commencing at a point one mile below the mouth of Apple- 

32546 gate Creek, on the south side of Rogue River, running thence 

32547 southerly to the highlands dividing the waters of Applegate 

32548 Creek from those of Althouse Creek; thence along said high- 

32549 lands to the summit of the Siskiyou range of mountains ; thence 

32550 easterly to Pilot Rock 5 thence northeasterly to the summit of 

32551 the Cascade range; thence northerly along the said Cascade 

32552 range to Pitt's Peak, continuing northerly to Rogue River : 

32553 thence westerly to the head-waters of Jump-off-jo Creek : thence 

32554 down said creek to the intersection of the same with a line due 

32555 north from the place of beginning ; thence to the place of be- 

32556 ginning. 

92 1 t 



730 



32557 Article 2. It is agreed on the- part of the United States 

32558 that the aforesaid tribe shall be allowed to occupy temporarily 

32559 that portion of the above-described tract of territory bounded 

32560 as follows, to wit: Commencing on the north side of Rogue 

32561 River, at the mouth of Evan's Greek ; thence up said creek to the 

32562 upper end of a small prairie bearing in a northwesterly direction 

32563 from Table Mountain, or Upper Table Rock; thence through the 

32564 gap to the south side of the cliff of the said mountain ; thence in 

32565 a line to Rogue River, striking the southern base of Lower 

32566 Table Rock; thence down said river to the place of beginning. 

32567 It being understood that this described tract of land shall be 

32568 deemed and considered an Indian reserve, until a suitable selee- 

32569 tion shall be made by the direction of the President of the 

32570 United States for their permanent residence and buildings 

32571 erected thereon, and provision made for their removal. 

32572 Article 3. For and in consideration of the cession and re- 

32573 linquishment contained in article 1st, the United States agree 

32574 to pay to the aforesaid tribe the sum of sixty thousand dollars 

32575 fifteen thousand of which sum to be retained, (according to the 

32576 stipulations of article 4th of a " treaty of peace made and en 

32577 tered into on the 8th day of September, 1853, between G-en'i Jo. 

32578 Lane, commanding forces of Oregon Territory, and Jo., principal 

32579 chief, Sam and Jim, subordinate chiefs, on the part of the Rogue 

32580 River tribe of Indians,") by the superintendent of Indian affairs, 

32581 to pay for the property of the whites destroyed by them during 

32582 the late war, the amount of property so destroyed to be esti- 

32583 mated by three disinterested commissioners, to be appointed by 

32584 the superintendent of Indian affairs, or otherwise, as the Presi- 

32585 dent may direct. Five thousand dollars to be expended in the 

32586 purchase of agricultural implements, blankets, clothing, and 

32587 such other goods as may be deemed by the superintendent or 

32588 agent most conducive to the comfort and necessities of said 

32589 tribe, on or before the 1st day of September, 1854, and for the 

32590 payment of such permanent improvements as may have been 

32591 made by land claimants on the aforesaid reserve,, the value of 

32592 which to be ascertained by three persons appointed by the said 

32593 superintendent. 

32594 The remaining forty thousand dollars to be paid in sixteen 

32595 equal annual instalments, of two thousand five hundred dollars 

32596 each, (commencing on or about the 1st day of September, 1854,) 

32597 in blankets, clothing, farming-utensils, stock, and such other 

32598 articles as may be deemed most conducive to the interests of 

32599 said tribe. 

32600 Article 4. It is further agreed that there shall be erected, 

32601 at the expense of the United States, one dwelling-house for each 

32602 of the three principal chiefs of the aforesaid tribe, the cost of 



731 



32603 which shall not exceed live hundred dollars each, the aforesaid 

32604 buildings to be erected as soon after the ratification of this i real y 

82605 as possible. And when the tribe may be removed to another 

82606 reserve, buildin gs and other improvements shall be made on such 

32607 reserve of equal value to those which may be relinquished ; and 

32608 upon such removal, in addition to the before mentioned sixty 

32609 thousand dollars, the United States agree to pay the further 

32610 sum of fifteen thousand dollars, in five equal instalments, com- 

32611 mencing at the expiration of the before-named instalments. 

32612 Article 5. The said tribe of Indians further agree to give 

32613 safe-conduct to all persons who may be authorized to pass 

32614 through their reserve, and to protect, in their person and prop- 

32615 erty, all agents or other persons sent by the United States tore- 

32616 side among them ; they further agree not to molest or interrupt 

32617 any white person passing through their reserve. 

32618 Article 6. That the friendship which is now established 

32619 between the United States and the Rogue River tribe of Indians 

32620 shall not be interrupted by the misconduct of individuals, it is- 

32621 hereby agreed that for injuries done by individuals no private 

32622 revenge or retaliation shall take place, but, instead thereof, com- 

32623 plaint shall be made by the party injured to the Indian agent ; 

32624 and it shall be the duty of the chiefs of the said tribe, that upon 

32625 complaint being made as aforesaid, to deliver up the person or 

32626 persons against whom the complaint is made, to the end that he 

32627 or they may be punished agreeably to the laws of the United 

32628 States ; and, in like manner, if any violation, robbery, or murder 

32629 shall be committed on any Indian or Indians belonging to said 

32630 tribe, the person or persons so offending shall be tried, and, if 

32631 found guilty, shall be punished according to the laws of the 

32632 United States. And it is agreed that the chiefs of the said tribe 

32633 shall, to the utmost of their power, exert themselves to recover 

32634 horses or other property which has or may be stolen or taken 

32635 from any citizen or citizens of the United States by any indi- 

32636 vidua! of said tribe ; and the property so recovered shall be 

32637 forthwith delivered to the Indian agent or other person author- 

32638 ized to receive the same, that it may be restored to the proper 

32639 owner. 

32640 And the United States hereby guarantee to any Indian or 

32641 Indians of the said tribe a full indemnification for any horses or 

32642 other property which may be stoleu from them by any citizens of 

32643 the United States : Provided, That the property stolen or taken 

32644 cannot be recovered, and that sufficient proof is produced that 

32645 it was actually stolen or taken by a citizen of the United States. 

32646 And the chiefs and head-men of the said tribe engage, on the 

32647 requisition or demand of the President of the United States, 



732 



32648 superintendent of Indian affairs, or Indian agent, to deliver up 

32649 any white person or persons resielent anion g them. 

32650 Article 7. It is agreed between the United States and the 

32651 Rogue River tribe of Indians, that, should it at any time here- 

32652 after be considered by the United States as a proper policy to es- 

32653 tablish farms among and for the benefit of said Indians, it shall 

32654 be discretionary with the President, by and with the advice and 

32655 consent of the Senate, to change the annuities herein provided 

32656 for, or any part thereof, into a fund for that purpose. 

32657 Article 8. This treaty shall take effect and be obligatory 

32658 on the contracting parties as soon as the same shall have been 

32659 ratified by the President of the United States, by and with the 

32660 advice and consent of the Senate. 

32661 Proclaimed Anril 12. 1854. 



32662 Franklin Pierce, President of the United States of America. 

32663 to all and singular to whom these presents shall come, greet- 

32664 ing : 

32665 Whereas a treaty was made and concluded on the fifteenth 

32666 day of November, one thousand eight hundred and fifty-four, 

32667 between the United States of America and the chiefs and head- 
3266S men of the Rogue River tribe of Indians, which treaty is in the 

32669 words following, to wit: 

32670 Articles of an agreement entered into and concluded this fifteenth 

32671 day of Xovember, one thousand eight hundred and fifty- 

32672 four, between Joel Palmer, superintendent of Indian affairs, 

32673 on the part of the United States, and the chiefs and head- 

32674 men of the Rogue River tribe of Indians, on the part of said 

32675 tribe. 

32676 Article 1. It is agreed on the part of said tribe, that the 

32677 Table Rock reserve, described in the treaty of the 10th September. 

32678 1853, (the next preceding treaty,) between the United States and 

32679 the Rogue River tribe, shall be possessed and occupied jointly 

32680 by said tribe and such other tribes and bands of Indians as the 

32681 United States shall agree with by treaty stipulations, or the Presi- 

32682 dent of the United States shall direct to reside thereupon, the 

32683 place of residence of each tribe, part of tribe, or band on said 

32684 reserve, to be designated by the superintendent of Indian affairs 

32685 or Indian agent : that the tribes and bands hereafter to be settled 

32686 on said reserve shall enjoy equal rights and privileges with the 

32687 Rogue River tribe : and that the annuities paid to the Indians now 

32688 residing or hereafter to reside on said reserve shall be shared by 

32689 all alike, from and after said residence thereon : Provided, That 

32690 the annuity of the Rogue River tribe, as agreed on in the treaty of 

32691 the 10th September, 1853, shall not be diminished or in any way 

32692 impaired thereby. It is also agreed that the United States 



783 



32693 shall have the right to make such roads, highways, and railroads 

32694 through said reserve as the public good may from time to time 

32695 require, a just compensation being made therefor. 

32696 Article 2. In consideration of the foregoing stipulations, 

32697 it is agreed on the part of the United States to pay to the Rogue 

32698 River tribe, as soon as practicable after the signing of thisagree- 

32699 ment, two thousand one hundred and fifty dollars, in the follow- 

32700 ing articles : twelve horses, one beef, two yokes of oxen, with 

32701 yokes and chains, one wagon, one hundred men's coats, fifty 

32702 pairs of pantaloons, and fifty hickory shirts ; also, that in the 

32703 treaties to be made with other tribes and bands, hereafter to be 

32704 located on said reserve, that provision shall be made for the 

32705 erection of two smith-shops ; for tools, iron, and blacksmiths for 

32706 the same ; for opening farms and employing farmers ; for a hos- 

32707 pital, medicines, and a physician; and for one or more schools; 

32708 the uses and benefits of all which, shall be secured to said Rogue 

32709 River tribe equally with the tribes and bands treated with ; all 

32710 the improvements made, and schools, hospital, and shops 

32711 erected, to be conducted in accordance with such laws, rules, 

32712 and regulations as the Congress or the President of the United 

32713 States may prescribe. 

32714 Article 3. It is further agreed, that when at any time here- 

32715 after the Indians residing on this reserve shall be removed to 

32716 another reserve, or shall be elsewhere provided for, that the 

32717 fifteen thousand dollars thereafter to be paid to said Rogue 

32718 River tribe, as specified in the treaty of the 10th September, 

32719 1853, shall be shared alike by the members of all the tribes and 

32720 bands that are, or hereafter shall be, located on the said Table 

32721 Rock reserve. 

.32722 Article 4. It is also further provided that, in the event 

32723 that this agreement shall not be ratified by the President and 

32724 Senate of the United States, or that no other tribe or band shall 

32725 be located on said reserve, the two thousand one hundred and 

32726 fifty dollars stipulated in article second of this agreement to be 

32727 paid said Rogue River tribe, shall be deducted from their annui- 

32728 ties hereafter to be paid said Indians. 

32729 Proclaimed April 7, 1855. 



734 



32730 SACS RESIDING ON MISSOUEI RIVER. 

32731 A treaty of peace and friendship made and concluded between 

32732 William GlarJc, Ninian Edwards, and Auguste Chouteau, com- 

32733 missioners plenipotentiary of the United States of America, 

32734 on the part and behalf of the said States, of the one part, and 

32735 the undersigned chiefs and warriors of that portion of the Sac 

32736 Nation of Indians now residing on the Missouri River, of the 

32737 other part. 

32738 Whereas the undersigned chiefs and warriors, as well as 

32739 that portion of the nation which they represent, have at all times 

32740 been desirous of fulfilling their treaty with the United States, 

32741 with perfect good faith ; and for that purpose found themselves 

32742 compelled, since the commencement of the late war, to separate 

32743 themselves from the rest of their nation, and remove to the Mis- 

32744 souri River, where they have continued to give proofs of their 

32745 friendship and fidelity ; and 

32746 ' Whereas the United States, justly appreciating the conduct 

32747 of said Indians, are disposed to do them the most ample justice 

32748 that is practicable, the said parties have agreed to the follower- 

32749 ing articles : 

32750 Article 1. The undersigned chiefs and warriors, for them- 

32751 selves and that portion of the Sacs which they represent, do 

32752 hereby assent to the treaty between the United States of Auier- 

32753 ica and the united tribes of Sacs and Foxes, which was con- 

32754 eluded at St. Louis, on the third day of November, one thousand 

32755 eight hundred and four, (proclaimed February 21, 1805 ;) and 

32756 they moreover promise to do all in their power to re-establish 

32757 and enforce the same. 

32758 Article 2. The said chiefs and warriors, for themselves and 

32759 those they represent, do further promise to remain distinct and 

32760 separate from the Sacs of Rock River, giving them no aid or as- 

32761 sistance whatever, until peace shall also be concluded between 

32762 the United States and the said Sacs of Rock River. 

32763 Article 3. The United States, on their part, promise to al- 

32764 low the said Sacs of the Missouri River all the rights and privi- 

327 65 leges secured to them by the treaty of St. Louis before mentioned, 

32766 and also, as soon as practicable, to furnish them with a just pro- 

32767 portion of the annuities stipulated to be paid by that treaty ; 

327 68 provided they shall continue to comply with this and their former 

32769 treaty. 

32770 Ratified December 26, 1815. 



735 



32771 SACS OF ROCK RIYER. 

32772 A treaty of peace and friendship made and concluded between Will- 

32773 iam Clarlc, Ninian Edwards, and Auguste Chouteau, commis- 

32774 sioners plenipotentiary of the United States of America, on the 

32775 part and behalf of the said States, of the one part, and the tin- 

32776 der signed chiefs and warriors of the Sacs of Roclc River and 

32777 the adjacent country, of the other part. 

32778 Whereas, by the ninth article of the treaty of peace, which 

32779 was concluded on the twenty-fourth day of December, eighteen 

32780 hundred and fourteen, between the United States and Great 

32781 Britain, at Ghent, and which was ratified by the President, with 

32782 the advice and consent of the Senate, on the seventeenth day of 

32783 February, eighteen hundred and fifteen, it was stipulated that 

32784 the said parties should severally put an end to all hostilities with 

32785 the Indian tribes with whom they might be at war at the time 

32786 of the ratification of said treaty, and to place the said tribes 

32787 inhabiting their respective territories on the same footing upon 

32788 which they stood before the war : Provided, They should agree 

32789 to desist from all hostilities against the said parties, their citi- 

32790 zens or subjects respectively, upon the ratification of the said 

32791 treaty being notified to them, and should so desist accordingly ; 

32792 and 

32793 Whereas the United States being determined to execute 

32794 every article of the treaty with perfect good faith, and wishing 

32795 to be particularly exact in the execution of the article above 

32796 alluded to, relating to the Indian tribes, the President, in 

32797 consequence thereof, for that purpose, on the eleventh day of 

32798 March, eighteen hundred and fifteen, appointed the undersigned 

32799 William Clark, governor of Missouri Territory, Ninian Edwards, 

32800 governor of Illinois Territory, and Auguste Chouteau, esq., of 

32801 the Missouri Territory, commissioners, with full power to con- 

32802 elude a treaty of peace and amity with all those tribes of Indians, 

32803 conformably to the stipulations contained in the said article, on 

32804 the part of the United States, in relation to such tribes • and 

32805 Whereas the commissioners, in conformity with their in- 

32806 structions, in the early part of last year notified the Sacs of 

32807 Rock River and the adjacent country of the time of the ratifi- 

32808 cation of said treaty,* of the stipulations it contained in relation 

32809 to them • of the disposition of the American Government to 

32810 fulfil those stipulations, by entering into a treaty with them con- 

32811 formably thereto* and invited the said Sacs of Rock River and 

32812 the adjacent country to send forward a deputation of their chiefs 

32813 to meet the said commissioners at Portage des Sioux, for the 



736 



32814 purpose of concluding such a treaty as aforesaid, between the 

32815 United States and the said Indians j and the said Sacs of Eock 

32816 Eiver and the adjacent country having not only declined that 

32817 friendly overture, but having continued their hostilities, and 

32818 committed mauy depredations thereafter, which would have 

32819 justified the infliction of the severest chastisement upon them, 

32820 but having earnestly repented of their conduct, now imploring 

32821 mercy, and being anxious to return to the habits of peace and 

32822 friendship with the United States, and the latter being always 

32823 disposed to pursue the most liberal and humane policy towards 

32824 the Indian tribes within their territory, preferring their reclama- 

32825 tion by'peaceful measures to their punishment by the application 

32826 of the military force of the nation : Now, therefore, 

32827 The said William Clark, Ninian Edwards, and Auguste 

32828 Chouteau, commissioners, as aforesaid, and the undersigned, 
32S29 chiefs and warriors, as aforesaid, for the purpose of restoring 

32830 peace and friendship between the parties, do agree to the fol- 

32831 lowing articles : 

32832 . Article 1. The Sacs of Eock Eiver and the adjacent 

32833 country do hereby unconditionally assent to recognize, re-estab- 

32834 lish 3 and confirm the treaty between the United States of 

32835 America and the united tribes of Sacs and Foxes, which was 

32836 concluded at St. Louis on the third day of November, one thou 

32837 sand eight hundred and four, as well as all other contracts and 

32838 agreements heretofore made between the Sac tribe or nation and 

32839 the United States. 

32840 Article 2. The United States agree to place the aforesaid 

32841 Sacs of Eock Eiver on the same footing upon which they stood 

32842 before the war, provided they shall, on or before the first day of 

32843 July next, deliver up to the officer commanding at. Cantonment 

32844 Davis, on the Mississippi, all the property they, or any part of 

32845 their tribe, have plundered or stolen from the citizens of the 

32846 United States since they were notified, as aforesaid, of the time 

32847 of the ratification of the late treaty between the United States 

32848 and Great Britain. 

32849 Article 3. If the said tribe shall fail or neglect to deliver 

32850 up the property aforesaid, or any part thereof, on or before the 

32851 first day of July aforesaid, they shall forfeit to the United States 

32852 all right and title to their proportion of the annuities which, by 

32853 the treaty of St. Louis, were covenanted to be paid to the Sac 
32854 ' tribe ; and the United States shall forever afterwards be exoner- 

32855 ated from the payment of so much of said annuities as, upon 

32856 a fair distribution, would fall to the share of that portion of the 

32857 Sacs who are represented by the undersigned chiefs and war- 

32858 riors. 

32859 Article 4. This treaty shall take effect and be obligatory 



737 



32860 on the contracting parties, unless the same shall be disapproved 

32861 by the President and Senate of the United States, or by the 

32862 President only, and in the mean time all hostilities shall cease 

32863 from this date. 

32864 Proclaimed December 30, 1816. 



32S65 SACS AND FOXES. 

32866 A treaty between the United States of America and the mited 

32867 tribes of Sac and Fox Indians. 

32868 Articles of a treaty made at St. Louis, in the district of Louisiana, 

32869 between William Henry Harrison, governor of the Indiana 

32870 Territory and of the district of Louisiana, superintendant 

32871 of Indians affairs for the said territory and district, and 

32872 commissioner plenepotentiary of the United States for con- 

32873 eluding any treaty or treaties which may be found neces- 

32874 sary with any of the northwestern tribes of Indians, of the 

32875 one part, and the chiefs and head-men of the united Sac 

32876 and Fox tribes, of the other part. 

32877 Article 1. The United States receive the united Sac and 

32878 Fox tribes into their friendship and protection, and the said 

32879 tribes agree to consider themselves under the protection of the 

32880 United States, and of no other power whatsoever. 

32881 Article 2. The general boundary-line between the lands 

32882 of the United States and of the said Indian tribes shall be as 

32883 follows, to wit: Beginning at a point on the Missouri River 

32884 opposite to the mouth of the Gasconade River; thence in 

32885 a direct course so as to strike the River Jefferson at the distance 

32886 of thirty miles from its mouth, and down the said Jefferson to 

32887 the Mississippi ; thence up the Mississippi to the mouth of the 

32888 Ouisconsing River, and up the same^to a point which shall be 

32889 thirty-six miles in a direct line from the mouth of the said river * 

32890 thence by a direct line to the point where the Fox River (a 

32891 branch of the Illinois) leaves the small lake called Sakaegau ; 

32892 thence down the Fox River to the Illinois River, and down the 

32893 same to the Mississippi. And the said tribes, for and in consid- 

32894 eration of the friendship and protection of the United States 

32895 which is now extended to them, of the goods (to the value of 

32896 two thousand two hundred and thirty-four dollars and fifty 

32897 cents) which are now delivered, and of the annuity hereinafter 

32898 stipulated to be paid, do hereby cede and relinquish forever to 

32899 the United States all the lands included within the above-de- 

32900 scribed boundary. 

93 I T 



738 



32901 Article 3. In consideration of the cession and relinquish - 

32902 inent of land made in the preceding article, the United States 

32903 will deliver to the said tribes, at the town of St. Louis, or some 

32904 other convenient place on the Mississippi, yearly and every year, 

32905 goods suited to the circumstances [of the Indians, of the value 

32906 of one thousand dollars, (six hundred of which are intended for 

32907 the Sacs and four hundred for the Foxes,) reckoning that value at 

32908 the first cost of the goods in the city or place in the United States 

32909 where they shall be procured. And if the said tribes shall 

32910 hereafter, at an annual delivery of the goods aforesaid, desire 

32911 that a part of their annuity should be furnished in domestic 

32912 animals, implements of husbandry, and other utensils convenient 

32913 for them, or in compensation to useful artificers who may reside 
32911 with or near them, and be employed for their benefit, the same 

32915 shall at the subsequent annual delivery be furnished accord- 

32916 ingly. 

32917 Article 4. The United States will never interrupt the 

32918 said tribes in the possession of the lands which they rightfully 

32919 claim, but will on the contrary protect them in the quiet en- 

32920 joyment of the same against their own citizens and against 

32921 all other white persons who may intrude upon them. Aud the 

32922 said tribes do hereby engage that they will never sell their lands 

32923 or any part thereof to any sovereign power but the United 

32924 States, nor to the citizens or subjects of any other sovereign 

32925 power, nor to the citizens of the United States. 

32926 Article 5. Lest the friendship which is now established 

32927 between the United States and the said Indian tribes should be 

32928 interrupted by the misconduct of individuals, it is hereby agreed 

32929 that for injuries done by individuals, no private revenge or 

32930 retaliation shall take place, but, instead thereof, complaints shall 

32931 be made by the party injured to the other — by the said tribes or 

32932 either of them to the superintendant of Indian affairs or one of 

32933 his deputies, and by the superintendant or other person appointed 

32934 by the President to the chiefs of the said tribes. And it shall 

32935 be the duty of the said chiefs, upon complaint being made as 

32936 aforesaid, to deliver up the person or persons against whom the 

32937 complaint is made, to the end that he or they may be punished 

32938 agreeably to the laws of the State or Territory where the offence 

32939 may have been committed ; and in like manner if any robery, 

32940 violence, or murder shall be committed on any Indian or Indians 

32941 belonging to the said tribes or either of them, the person or per- 

32942 sons so offending shall be tried, and, if found guilty, punished in 

32943 the like mauner as if the injury had been done to a white man. 

32944 And it is further agreed that the chiefs of the said tribes shall, 

32945 to the utmost of their power, exert themselves to recover horses 

32946 or other property which may be stolen from any citizen or citi- 



739 



32947 zens of the United States by any individual or individuals of 

32948 their tribes, and the property so recovered shall be forthwith 

32949 delivered to the superintendant or other person authorised to 

32950 receive it, that it may be restored to the proper owner ; and in 

32951 cases where the exertions of the chiefs shall be ineffectual in 

32952 recovering the property stolen as aforesaid, if sufficient proof can 

32953 be obtained that such property was actually stolen by any Indian 

32954 or Indians belonging to the said tribes or either of them, the 

32955 United States may deduct from the annuity of the said tribes a 

32956 sum equal to the value of the property which has been stolen. 

32957 And the United States hereby guarantee to any Indian or In- 

32958 dians of the said tribes a full indemnification for any horses or 

32959 other property which may be stolen from them by any of their 

32960 citizens: Provided, That the property so stolen cannot be recov- 

32961 ered, and that sufficient proof is produced that it was actually 

32962 stolen by a citizen of the United States. 

32963 Article 6. If any citizen of the United States or other 

32964 white person should form a settlement upon lands which are the 

32965 property of the Sac and Fox tribes, upon complaint being made 

32966 thereof to the superintendant or other person having charge of 

32967 the affairs of the Indians, such intruder shall forthwith be re- 

32968 moved. 

32969 Article 7. As long as the lands which are now ceded to 

32970 the United States remain their property, the Indians belonging 

32971 to the said tribes shall enjoy the priviledge of living and hunt- 

32972 ing upon them. 

32973 Article 8. As the laws of the United States regulating 

32974 trade and intercourse with the Indian tribes, are already ex- 

32975 tended to the country inhabited by the Saukes and Foxes, and 

32976 as it is provided by those laws that no person shall reside as a 

32977 trader in the Indian country without a license under the hand 

32978 [and] seal of the superintendant of Indian affairs, or other per- 

32979 son appointed for the purpose by the President, the said tribes 

32980 do promise and agree that they will not suffer any trader to 

32981 reside amongst them without such license ; and that they will 

32982 from time to time give notice to the superintendant or to the 

32983 agent for their tribes of all the traders that may be in their 

32984 country. 

32985 Article 9. Abrogated by the treaty of September 3, 1822, 

32986 (proclaimed February 12, 1823, page 740.) 

32987 Article 10. In order to evince the sincerity of their friend- 

32988 ship and affection for the United States, and a respectful defer - 

32989 ence for their advice by an act which will not only be acceptable 

32990 to them but to the common Father of all the nations of the earth, 

32991 the said tribes do hereby solemnly promise and agree that they 

32992 will put an end to the bloody war which has heretofore raged 



740 



32993 between their tribes and those of the Great and Little Osages. 

32994 And for the purpose of burying the tomahawk and renewing the 

32995 friendly intercourse between themselves and the Osages, ameet- 

32996 ing of their respective chiefs shall take place, at which, under 

32997 the direction of the above-named commissioner or the agent of 

32998 Indian affairs residing at St. Louis, an adjustment of their 

32999 differencies shall be made, and peace established upon a firm and 

33000 lasting basis. 

33001 Article 11. As it is probable that the Government of the 

33002 United States will establish a military post at or near the mouth 

33003 of the Ouisconsiug River, and as the land on the lower side of 
33001 the river may not be suitable for that purpose, the said tribes 
33005 hereby agree that a fort may be built either on the upper side of 
33003 the Ouisconsing or on the right bank of the Mississippi, as the 

33007 one or the other may be found most convenient, and a tract of 

33008 land not exceeding two miles square shall be given for that pur- 

33009 pose. And the said tribes do farther agree that they will at all 

33010 times allow to traders and other persons travelling through their 

33011 country under the authority of the United States a free and safe 

33012 passage for themselves and their property of every discription. 

33013 And that for such passage they shall at no time and on no account 
33011 whatever be subject to any toll or exaction. 

33015 Article 12. This treaty shall take effect and be obligatory 

33016 on the contracting parties as soon as the same shall have been 

33017 ratified by the President, by and with the advice and consent of 

33018 the Senate of the United States. 

33019 Additional article. 

33020 It is agreed that nothing in this treaty contained shall affect 

33021 the claim of any individual or individuals who may have obtained 

33022 grants of land from the Spanish government, and which are not 

33023 incl uded within the general boundary-line laid clown in this treaty : 
33021 Provided, That such grant have at any time been made known to 

33025 the said tribes, and recognized by them. 

33026 Proclaimed February 21, 1805. 



33027 Articles of a treaty entered into and concluded at Fort Armstrong, 

33028 by and between Thomas Forsyth, agent of Indian affairs, au- 

33029 thorized on the part of the United States for that purpose, of the 

33030 one part, and the chiefs, ivarriors, and head-men of the United 

33031 Sac and Fox tribes, for themselves and their tribes, of the other 

33032 part. 

33033 Whereas by the ninth article of the treaty made and entered 
33031 into between the United States and the Sac and Fox tribes of 



741 



33035 Indians, concluded and signed at Saint Louis, in the district of 

33036 Louisiana, on the third day of November, one thousand eight 

33037 hundred and four, it is stipulated, in order to put a stop to the 

33038 abuses and impositions which are practised upon the said tribes 

33039 by the private traders, the United States will, at a convenient 

33040 time, establish a trading-house or factory, where the individuals 

33041 of the said tribes can be supplied with goods at a more reason- 

33042 able rate than they have been accustomed to procure them. 

33043 Now, we, the said chiefs, warriors, and head-men of the said 

33044 tribes, for and in consideration of the sum of one thousand dol- 

33045 lars to us now paid in merchandize out of the United States 

33046 factory, by said Thomas Forsyth, on behalf of the United States, 

33047 the receipt whereof is hereby acknowledged, do exonerate, re- 

33048 lease, and forever discharge the United States from the obliga- 

33049 tion contained in the ninth article above recited, and the afore- 

33050 said ninth article is, from the date hereof, abrogated and of no 

33051 effect. 

33052 Proclaimed February 12, 1823. 



33053 Treaty with the Socle and Fox Indians. 

33054 To perpetuate peace and friendship between the United 

33055 States and the Sock and Fox tribes or nations of Indians, and 

33056 to remove all future cause of dissensions which may arise from 

33057 undefined territorial boundaries, the President of the United 

33058 States of America, by William Clark, superintendent of Indian 

33059 affairs, and sole commissioner specially appointed for that pur- 

33060 pose, of the one part, and the undersigned chiefs and head-men 

33061 of the Sock and Fox tribes or nations, fully deputised to act 

33062 for and in behalf of their said nations, of the other part, have 

33063 entered into the following articles and conditions, viz : 

33064 Article 1. The Sock and Fox tribes or nations of Indians, 

33065 by their deputations in council assembled, do hereby agree, in 

33066 consideration of certain sums of money, &c, to be paid to the 

33067 said Sock and Fox tribes, by the Government of the United 

33068 States, as hereinafter stipulated, to cede and forever quit-claim, 

33069 and do, in behalf of their said tribes or nations, hereby cede, 

33070 relinquish, and forever quit-claim, unto the United States, all 

33071 right, title, interest, and claim, to the lands which the said Sock 

33072 and Fox tribes have or claim, witbin the limits of the State of 

33073 Missouri, which are situated, lying, and being between the Mis- 

33074 sissippi and Missouri Rivers, and a line running from the Mis- 

33075 souri, at the entrance of Kansas River, north one hundred miles 

33076 to the northwest corner of the State of Missouri, and from 

33077 thence east to the Mississippi. It being understood that the 

33078 small tract of land lying between the rivers Desmoiu and the 



742 



33079 Mississippi, and the section of the above line between the Mis- 

33080 sissippi and the Desinoin, is intended for the use of the half- 

33081 breeds belonging to the Sock and Fox Nations ; they holding it, 

33082 however, by the same title, and in the same manner, that other 

33083 Indian titles are held. 

33084 Article 2. The chiefs and head-men who sign this conven- 

33085 tion, for themselves and in behalf of their tribes, do acknowi- 

33086 edge the lands east and south of the lines described in the first 

33087 article, so far as the Indians claimed the same, to belong to the 

33088 United States, and that none of their tribes shall be permitted 

33089 to settle or hunt upon any part of it, after the first day of Jan- 

33090 uary, 1826, without special permission from the superintendent 

33091 of Indian affairs. 

33092 Article 3. It is hereby stipulated and agreed on the part 

33093 of the United States, as a full consideration for the claims and 
33091 lands ceded by the Sock and Fox tribes in the first article, there 

33095 shall be paid to the Sock and Fox Nations, within the present 

33096 year, one thousand dollars in cash, or merchandize j and in ad- 

33097 dition to the annuities stipulated to be paid to the Sock and 

33098 Fox tribes by a former treaty, the United States do agree to 

33099 pay to the said Sock tribe five hundred dollars, and to the Fox 

33100 tribe five hundred dollars annually for the term of ten succeed- 

33101 ing years ; and, at the request of the chiefs of the said Sock 

33102 and Fox Nations, the commissioner agrees to pay to Morice 

33103 Blondeau, a half Indian of the Fox tribe, the sum of five huu- 

33104 dred dollars, it being a debt due by the said nation to the afore- 

33105 said Blondeau, for property taken from him during the late war. 

33106 Article 4. The United States engage to provide and sup- 

33107 port a blacksmith for the Sock and Fox Nations so long as the 

33108 President of the United States may think proper, and to furnish 

33109 the said nations with such farming-utensils and cattle, and to 

33110 employ such persons to aid them in their agriculture, as the 

33111 President may deem expedient. 

33112 Article 5. The annuities stipulated to be paid by the 

33113 3d article are to be paid either in money, merchandize, pro- 

33114 visions, or domestic animals, at the option of the aforesaid 

33115 tribes, and when the said annuities or part thereof is paid in 

33116 merchandize, it is to be delivered to them at the first cost of the 

33117 goods at St. Louis, free from cost of transportation. 

33118 Article 6. This treaty shall take effect and be obligatory 

33119 on the contracting parties so soon as the same shall be ratified 

33120 by the President of the United States, by and with the advice 

33121 and consent of the Senate thereof. 

33122 Proclaimed January 18, 1825. 



743 



33123 Articles of a treaty of peace, friendship, and cession, concluded at 

33124 Fort Armstrong, Bock Island, Illinois, between the United 

33125 States of America, by their commissioners, Major -General Win- 

33126 field Scott, of the United Slates Army, and his Excellency 

33127 John Reynolds, governor of the State of Illinois, and the con- 

33128 federated tribes of Sac and Fox Indians, represented, in general 

33129 council, by the undersigned chiefs, head-men,- and warriors, 

33130 Whereas under certain lawless and desperate leaders a 

33131 formidable band, constituting a large portion of the Sac and 

33132 Fox Nation, left their country in April last, and, in violation of 

33133 treaties, commenced an unprovoked war upon unsuspecting and 
33131 defenceless citizens of the United States, sparing neither age 

33135 nor sex ; and 

33136 Whereas the United States, at a great expense of treasure, 

33137 have subdued the said hostile band, killing or capturing all its 

33138 principal chiefs and warriors, the said States, partly as indem- 

33139 nity for the expense incurred, and partly to secure the future 

33140 safety and tranquility of the invaded frontier, demand of the 

33141 said tribes, to the use of the United States, a cession of a tract 

33142 of the Sac and Fox country bordering on said frontier more than 

33143 proportional to the numbers of the hostile band who have been 

33144 so conquered and subdued. 

33145 Article 1. Accordingly the confederated tribes of Sacs 

33146 and Foxes hereby cede to the United States forever all the 

33147 lands to which the said tribes have title or claim (with the ex- 

33148 ception of the reservation hereinafter made) included within 

33149 the following bounds, to wit : Beginning on the Mississippi 

33150 Eiver at the point where the Sac and Fox northern boundary- 

33151 line, as established by the second article Of the treaty of Prai- 

33152 rie du Chien, of the fifteenth of July, one thousand eight hun* 

33153 dred and thirty, (proclaimed February 24, 1831; see page 782,) 

33154 strikes said river; thence up said boundary-line to a point fifty 

33155 miles from the Mississippi, measured on said line ; thence in a 

33156 right line to the nearest point on the Red Cedar of the Ioway, 

33157 forty miles from the Mississippi Eiver; thence in a right line 

33158 to a point in the northern boundary -line of the State of Missouri 

33159 fifty miles, measured on said boundary, from the Mississippi 

33160 Eiver ; thence by the last-mentioned boundary to the Mississippi 

33161 Eiver and by the western shore of said river to the place of 

33162 beginning. And the said confederated tribes of Sacs and Foxes 

33163 hereby stipulate and agree to remove from the lands herein 

33164 ceded to the United States on or before the first day of June 

33165 next ; and, in order to prevent any misunderstanding, it i» ex- 

33166 pressly understood that no band or party of the Sac or Fox 

33167 tribes shall reside, plant, fish, or hunt on any portion of the 

33168 ceded country after the period just mentioned. 



744 



33169 Article 2. Out of the cession made in the preceding arti- 

33170 cle the United States agree to a reservation for the use of the 

33171 said confederated tribes of a tract of land containing four hun- 

33172 dred square miles, to be laid off under the directions of the 

33173 President of the United States, from the boundary-line crossing 

33174 the Ioway Eiver, in such manner that nearly an equal portion 

33175 of the reservation may be on both sides of said river, and ex- 

33176 tending downwards so as to include Ke-o-kuck's principal vil- 

33177 lage on its right bank, which village is about twelve miles from 

33178 the Mississippi Eiver. 

33179 Article 3. In consideration of the great extent of the 

33180 foregoing cession the United States stipulate and agree to pay 

33181 to the 'said confederated tribes annually for thirty successive 

33182 years, the first payment to be made in September of the next 

33183 year, the sum of twenty thousand dollars in specie* 

33184 Article 4. It is further agreed that the United States 

33185 shall establish and maintain within the limits and for the use 

33186 and benefit of the Sacs and Foxes for the period of thirty years 

33187 one additional black and gun smith shop, with the necessary 

33188 tools, iron and steel ; and, finally, make a yearly allowance for 

33189 the same period to the said tribes of forty kegs of tobacco and 

33190 forty barrels of salt, to be delivered at the mouth of the Ioway 

33191 River. 

33192 Article 5. The United States, at the earnest request of 

33193 the said confederated tribes, further agree to pay to Farnham 

33194 and Davenport, Indian traders at Rock Island, the sum of forty 

33195 thousand dollars, without interest, which sum will be in full sat- 

33196 isfactiou of the claims of the said traders against the said tribes, 

33197 and by the latter was, on the tenth day of July, one thousand 

33198 eight hundred and thirty-one, acknowledged to be justly due for 

33199 articles of necessity furnished in the course of the seven preced- 

33200 ing years, in an instrument of writing of said date duly signed 

33201 by tbe chiefs and head-men of said tribes, and certified by the 
23202 late Felix St. Vrain, United States agent, and Antoine Le 

33203 Claire, United States interpreter, both for the said tribes. 

33204 Article 6. At the special request of the said confederated 

33205 tribes the United States agree to grant, by patent, in fee-sim- 

33206 pie, to Antoine Le Claire, interpreter, a part Indian, one section 

33207 of land opposite Rock Island, and one section at the head of the 

33208 first rapids above said island, within the country herein ceded 

33209 by the Sacs and Foxes. 

33210 Article 7. Trusting to the good faith of the neutral bands 

33211 of Sacs and Foxes, the United States have already delivered up 

33212 to those bands the great mass of prisoners made in the course 
83213 of the war by the United States, and promise to use their influ- 
33214 ence to procure the delivery of other Sacs and Foxes who may 



745 



33215 still be prisoners in the hands of a band of Sioux Indians, the 

33216 friends of the United States; but the following-named prisoners 

33217 of war now in confinement, who were chiefs and head-men, 

33218 shall be held as hostages for the future good conduct of the late 

33219 hostile bands during the pleasure of the President of the 

33220 United States, viz : Muk-ka-ta-mish-a-ka-kaik (or Black Hawk) 

33221 and his two sons ; Wau : ba-kee-shik, (the Prophet,) his brother, 

33222 and two sons,* STa-pope, We-sheet Ioway, Painaho, and Oha- 

33223 kee-pa-shi-pa-ho, (the Little Stabbing ChieL) 

33224 Article 8. And it is further stipulated and agreed be- 

33225 tween the parties to this treaty that there shall never be allowed 

33226 in the cod federated Sac and Fox Nation any separate band or 

33227 village under any chief or warrior of the late hostile bands: 

33228 but that the remnant of the said hostile bands shall be divided 

33229 among the neutral bands of the said tribes according to blood — 

33230 the Sacs among the Sacs, and the Foxes among the Foxes. 

33231 Article 9. In consideration of the premises, peace and 

33232 friendship are declared, and shall be perpetually maintained be- 

33233 tween. the United States and the whole confederated Sac and 

33234 Fox Nation, excepting from the latter the hostages before men- 

33235 tioned. 

33236 Article 10. The United States, besides the presents deliv- 

33237 ered at the signing of this treaty, wishing to give a striking 

33238 evidence of their mercy and liberality, will immediately cause 

33239 to be issued to the said confederated tribes, principally for the 

33240 use of the Sac and Fox women and children whose husbands, 

33241 fathers, and brothers have been killed in the late war, aud gen- 

33242 erally for the use of the whole confederated tribes, articles of 

33243 subsistence as follows: thirty-five beef-cattle, twelve bushels of 

33244 salt, thirty barrels of pork, and fifty barrels of flour, and cause 

33245 to be delivered for the same purposes in the month of April 

33246 next at the mouth of the Lower Ioway, six thousand bushels of 

33247 maize or Indian corn. 

33248 Article 11. At the request of the said confederated tribes 

33249 it is agreed that a suitable present shall be made to them on 

33250 their pointing out to any United States agent authorised for the 

33251 purpose the position or positions of one or more mines sup- 

33252 posed by the said tribes to be of a metal more valuable than 

33253 lead or iron. 

33254 Article 12. This treaty shall take effect and be obligatory 

33255 on the contracting parties as soon as the same shall be ratified 

33256 by the President of the United States, by aud with the advice 

33257 and consent of the Senate thereof. 

33258 Proclaimed February 13, 1833. 

94 i t 



746 



33259 Convention with the Sac and Fox tribe. 

332G0 In a convention held this twenty-seventh day of September, 

332G1 1836, between Henry Dodge, superintendent of Indian affairs, 

33262 and the chiefs, braves, and principal men of the Sac and Fox 

33263 tribe of Indians, it has been represented that, according to the 
33261 stipulations of the first article of the treaty of Prairie du Chien, 

33265 of the 15th July, 1830, (see page 782,) the country thereby 

33266 is " to be assigned and allotted, under the direction of the Presi- 

33267 dent of the United States, to the tribes now living thereon, or 

33268 to such other tribes as the President may locate thereon, for 

33269 hunting and other purposes.*' And ; 

33270 Whereas it is further represented to us, the chiefs, braves. 

33271 and principal men of the tribe aforesaid, to be desirable that 

33272 the lands lying between the State of Missouri and the Missouri 

33273 Eiver should be attached to, and become a part of, said State, 
33271 and the Indian title thereto be entirely extinguished, but 

33275 that, notwithstanding, as these lands compose a part of the 

33276 country embraced by the provisions of said first article of the 

33277 treaty aforesaid, the stipulations thereof will be strictly observed 

33278 until the assent of the Indians interested is given to the pro- 

33279 posed measure ; 

33280 Xow we, the chiefs, braves, and principal men of the Sac 

33281 and Fox tribes of Indians, fully understanding the subject, and 

33282 well satisfied from the local position of the lands in question, 

33283 that they can never be made available for Indian purposes, and 
33281 that an attempt to place an Indian population on them must 

33285 inevitably lead to collisions with the citizens of the United 

33286 States ; and further believing that the extension of the State- 

33287 line in the direction indicated would have a happy effect, by 

33288 presenting a natural boundary between the whites and Indians; 

33289 and willing, moreover, to give the United States a renewed 

33290 evidence of our attachment and friendship, do hereby, for oiir- 

33291 selves and on behalf of our respective tribes, (having full power 

33292 and authority to this effect,) forever cede, relinquish, and^quit- 

33293 claim to the United States all our right, title, and interest of 
33291 whatsoever nature in and to the lands lying between the State 

33295 of Missouri and the Missouri Eiver, and do freely and fully 

33296 exonerate the United States from any guarantee, condition, or 

33297 limitation, expressed or implied, under the treaty of Prairie du 

33298 Chien aforesaid, or otherwise, as to the entire and absolute dis- 

33299 position of the said lands, fully authorizing the United States 

33300 to do with the same whatever shall seem expedient or neces- 

33301 sary. 

33302 Proclaimed February 25, 1837, 



747 



33303 Articles of a treaty made and entered into at the treaty-ground on 

33304 the right bank of the Mississippi Hirer, in the county of T)e 

33305 buque and Territory of Wisconsin^ opposite UocJc Tsland,on the 

33306 twenty-eight day of September, one thousand eight liundredand 

33307 sixty-six, between Henry Dodge, commissioner on the part of 

33308 the United States, of the one part, and the confederated tribes of 

33309 Sac and Fox Indians, represented in general council by the un 

33310 der signed chiefs, head-men, and warriors of the said tribes, of 

33311 the other part. 

33312 Whereas by the second article of the treaty made between 

33313 the United States and the confederated tribes of Sac and Fox 
33311 Indians on the twenty-first day of September, one thousand eight 

33315 hundred and thirty-two, (proclaimed February 13, 1833 ; see 

33316 page 744,) a reservation of four hundred sections of land 

33317 was made to the Sac and Fox Indians, to be laid off under 

33318 the direction of the President of the United States in conform- 

33319 ity to the provisions of said article, and the same having been 

33320 so subsequently laid out accordingly, and the confederated 

33321 tribes of Sacs and Foxes being desirous of obtaining additional 

33322 means of support, and to pay their just creditors, have entered 

33323 into this treaty, and make the following cession of laud : 
33321 Article 1. The confederated tribes of Sacs and Foxes, for 

33325 the purpose above expressed, and for and in consideration of 

33326 the stipulations and agreements hereinafter expressed, do hereby 

33327 cede to the United States forever the said reservation of four 

33328 hundred sections of land as designated in the second article of 

33329 the treaty made between the United States and the confederated 

33330 tribes of Sacs and Foxes, as the same has been surveyed and 

33331 laid off by order of the President of the United States. 

33332 Article 2. In consideration of the cession contained in the 

33333 preceding article, the United States hereby agree as follows, to 
33331 wit : To pay to the confederated tribes of the Sac and Fox In- 

33335 dians, in the month of June, one thousand eight hundred and 

33336 thirty-seven, the sum of thirty thousand dollars, and for ten 

33337 successive years thereafter the sum of ten thousand dollars each 

33338 year in specie, to be paid at the treaty-ground opposite Bock 

33339 Island, or such other place as may be designated by the Pres 

33310 ident of the United States ; to pay to the widow and children of 

33311 Felix St. Urain, deceased, former Indian agent, who was killed 

33312 by the Indians, one thousand dollars; and also to pay the sum 

33313 of forty-eight thousand four hundred and fifty-eight dollars 
33311 eighty-seven and a half cents, to enable said Indians to pay such 

33315 debts as may be ascertained by their superintendent to be justly 

33316 due from them to individuals, and if said debts so ascertained 

33317 to be just amount to more than said sum, then the same 



748 



33348 shall be divided among the said creditors pro rata ; and, if less, 

33349 then the overplus to be paid to said Indians for their own use. 

33350 Article 3. The United States further agree to deliver to 

33351 the confederated tribes of Sacs and Foxes two hundred horses, 

33352 as near that number as can be procured with the sum of nine 

33353 thousand three hundred and forty-one dollars, to be delivered at 

33354 the payment of the annuities in June, one thousand eight bun- 

33355 dred and thirty-seven. 

33356 Article 4. At the special request of the Sac and Fox In- 

33357 diaus aforesaid, the United States agree to make the following 

33358 provision for the benefit and support of seven half-breeds of the 

33359 Sac and Fox Nation, to wit: The United States agree to pay to 
33300 Wayman, for the use and benefit of his half-breed child 

33361 by a Fox woman named Ni-an-no, one thousand dollars; to 

33362 Wharton E. McPhearson, for the use and benefit of his half- 

33363 breed child by To-to-qua, a Fox woman, one thousand dollars ; to 

33364 James Thorn, for the use and benefit of his half-breed child by 

33365 Ka-kee-o-sa-qua, a Fox woman, one thousand dollars ; to Joseph 

33366 Smart, for the use of his half-breed child by Ka-ti-qua, a Fox 

33367 woman, one thousand dollars ; to Nathan Smith, for the use and 

33368 benefit of his half-breed child by Wa-na-sa, a Sac woman, one 

33369 thousand dollars ; and to Joseph M. Street, Indian agent, two 

33370 thousaud dollars lor the use and benefit of two half-breed 

33371 children — one the child of Niwa-ka-kee, a Fox woman, by one 

33372 Mitchell; the other the child of M an na by Amos Farrar — the 

33373 two thousand dollars to be put at interest, and so much of said 

33374 interest arising therefrom to be expended for the benefit of the 

33375 children as said agent shall deem proper and necessary ; and 

33376 when each shall arrive at the age of twenty years, the said agent 

33377 shall pay to each half-breed one thousand dollars and any bal- 

33378 ance of interest remaining in his hands at the time. 

33379 Article 5. At the special request of the said confederated 

33380 tribes of Sac and Fox Indians, it is further agreed by the United 

33381 States to pay to Joseph M. Street, their agent, two hundred dol- 

33382 lars for the use and benefit of Thompson Connoly and James 

33383 Connoly, children of their friend John Connoly, deceased, to be 

33384 by said agent put at interest and expended on the education of 

33385 said Thompson and James Connoly, children of said John Con- 

33386 noly, deceased. 

33387 Article 6. The said confederated tribes of Sac and Fox 

33388 Indians hereby stipulate and agree to remove from off the lands 

33389 herein in the first article of this treaty ceded to the United 

33390 States, by the first of November next ensuing the date hereof, 

33391 and, in order to prevent any future misunderstanding, it is ex- 

33392 pressly agreed and understood that no band or party of the said 

33393 confederated tribes of Sac and Fox Indians shall plant, fish, or 



749 



33394 hunt oil any portion of the country herein coded after the period 

33395 just mentioned. 

33396 ARTICLE 6. This treaty shall be obligatory on the contract- 

33397 iug parties after it shall be ratified by the President and Senate 

33398 of the United States. 

33399 [The Ioway Indians having set up a claim to a part of the 

33400 lauds ceded by this treaty, it is therefore hereby provided that 

33401 the President of the United States shall cause the validity and 

33402 extent of said claim to be ascertained, and upon a relinquish- 

33403 ment of said claim to the United States, he shall cause the 

33404 reasonable and fair value thereof to be paid to said Ioway In- 

33405 dians, and the same amount to be deducted from the sum stipu- 

33406 lated to be paid to the said Sacs and Poxes. J 

33407 . Proclaimed February 27, 1837. 



33408 Articles of a treaty made and entered into at the treaty-ground on 

33409 the right banlx of the Mississippi River, in the county of De- 

33410 buque and Territory of Wisconsin, opposite Rock Island, on the 

33411 twenty-eighth day of September, one thousand eight hundred 

33412 and thirty-six, between Henry Bodge, commissioner on the part 

33413 of the United States, of the one part, and the confederated tribes 

33414 of Sac and Fox Indians, represented in general council by the 
33115 undersigned chiefs, head-men, and warriors of the said tribes, of 

33416 the other part: 

33417 Whereas by the second article of the treaty made between 

33418 the United States and the confederate tribes of the Sac and Fox 

33419 Indians on the twenty-first day of September, one thousand 

33420 eight huudred and thirty-two, a reservation of four hundred 

33421 sections of land was made to the Sac and Pox Iudiaus, to be 

33422 laid off under the directions of the President of the United 

33423 States in conformity to the provisions of said article, and the 

33424 same having been so subsequently laid out accordingly, and the 

33425 confederated tribes of Sacs and Poxes being desirous of obtain- 

33426 iug additional means of support, and to pay their just creditors, 

33427 have entered into this treaty, and make the following cession of 

33428 laud. 

33429 Article 1. The confederated tribes of Sacs and Poxes, for 

33430 the purposes above expressed, and for and in consideration of 

33431 the stipulations and agreements hereinafter expressed, do here- 

33432 by cede to the United States forever the said reservation of four 

33433 hundred sections of land as designated in the second article of 

33434 the treaty made between the United States and the confederated 

33435 tribes of Sacs and Poxes, (see page 744,) as the same has been 

33436 surveyed and laid off by order of the President of the United 

33437 States. 



750 



33438 Article 2. In consideration of the cession contained in the 

33439 preceding article, the United States hereby agree as follows, to 

33440 wit: To pay to the confederated tribes of the Sac and Fox In- 
33444 diaus, iri the month of June, one thousand eight hundred and 

33442 thirty-seven, the sum of thirty thousand dollars, and for ten 

33443 successive years thereafter the sum of ten thousand dollars, each 

33444 year in specie, to be paid at the treaty-ground opposite Rock 

33445 Island; to pay to the widdow and children of Felix St. Vrain, 

33446 deceased, former Indian agent, who was killed by the Indians, 

33447 one thousand dollars; to pay to the following-named persons 

33448 the sums set opposite to their names respectively, being the 

33449 one-half of the amount agreed to be due and owing by the con- 

33450 federated tribes of Sacs and Foxes to their creditors, provided 
33454 said creditors will wait for the other half untill the same can be 

33452 paid out of their annuities, for which purpose the Sacs and 

33453 Foxes will set apart the sum of five thousand dollars each year, 

33454 beginning in one thousand eight hundred and thirty-eight, out 

33455 of their annuities to be paid upon said debts, in the proper pro- 

33456 portion, untill the whole amount is discharged; to wit: To John 

33457 Campbell, ten thousand dollars; to Jeremiah Smith, six hundred 

33458 and forty dollars; to Stephen Dubois, three hundred and five 

33459 dollars and twenty cents ; to Nathaniel Knapp, one hundred dol- 

33460 lars; to Wharton II. McPhearson, two hundred and fifty dollars ; 
33464 to S. S. Phelps & Co., four thousand dollars ; to Jesse W. Shall, 

33462 five hundred dollars ; to James Jordan, one hundred and fifty 

33463 dollars ; to John R. Campbell, fifteen dollars ; to Amos Farrar, one 

33464 hundred dollars; to the owners of the S. boat Warrior, one huu- 

33465 dred and sixty-two dollars and seventy-five cents ; to George 

33466 Davenport, two thousand five hundred and sixty-three dollars 

33467 and fifty cents; to Madame St. Anient, five hundred dollars; to 

33468 Madame Joseph Gunville, five hundred dollars ; to Madame Le 

33469 Claire, one hundred and twenty-five dollars; to Miss Blondeau, 

33470 one hundred and twenty-five dollars; to Antoine Le Claire, two 
33474 thousand four hundred and thirty-six dollars and fifty cents; to 

33472 Francis Labachiere, one thousand one hundred and sixty-seven 

33473 dollars and seventy-five cents ; to Pratte Chouteau & Co., twenty 

33474 thousand three hundred and sixty-two dollars and forty-two and 

33475 a half cents; to Nathaniel Patterson, four hundred and fifty-six 

33476 dollars.! 

33477 Article 3. The United States further agree to deliver to 

33478 the confederated tribes of Sacs and Foxes two hundred horses, 

33479 as near that number as can be procured with the sum of nine 

33480 thousand three hundred and forty-one dollars, to be delivered 
33484 at the payment of the annuities in June, one thousand eight 

33482 hundred and thirty-seven. 

33483 Article 4. At the special request of the Sac and Fox In- 



751 



33484 dians aforesaid, the United States agree to make the following 

33485 provisions for the benefit and support of seven half-breeds of the 

33486 Sac and Fox Nation, to wit: The United States agree to pay to 

33487 Wayinan, for the use and benefit of his hall hired child by 

33488 a Fox woman named M-an-no, one thousand dollars; to Whar- 

33489 tonK. McPherson, for the use and benefit of his half-breed child 

33490 by To-to-qua, a Fox woirian, one thousand dollars; to James 

33491 Thorn, for the use and benefit of his half-breed child by Ka-kee 

33492 o-sa-qua, a Fox woman, one thousand dollars; to Joseph Smart, 

33493 for the use of his half-breed child by Ka-ti-qua, a Fox woman, 

33494 one thousand dollars ; to Nathan Smith, for the use and benefit 

33495 of his half-breed child by Wa-na-sa, a Sac woman, one thousand 

33496 dollars, and to Joseph M. Street, Indian agent, two thousand 

33497 dollars for the use and benefit of two half-breed children — one the 

33498 child of Mwa-ka-kee, a Fox woman, by one Mitchell ; the other 

33499 the child of Ni-an-na by Amos Farrar — the two thousand dollars 

33500 to be put at interest, and so much of said interest arising thcre- 

33501 from to be expended for the benefit of the children as said 

33502 agent shall deem proper and necessary, and when each shall 

33503 arrive at the age of twenty years the said agent shall pay to 

33504 each half-breed one thousand dollars and any balance of interest 

33505 remaining in his hands at the time. 

33506 Article 6. A t the special request of the said confederated 

33507 tribes of Sac and Fox Indians it is further agreed by the United 

33508 States to pay to Joseph M. Street, their agent, two hundred 

33509 dollars for the use and benefit of Thompson Connoly and James 

33510 Connoly, children of their friend John Connoly, deceased, to be 

33511 by said agent put at interest and expended on the education of 

33512 said Thompson and James Connoly, children of said John Con- 
.33513 noly, deceased. 

33514 Article 6. The said confederated tribes of Sac and Fox 

33515 Indians hereby stipulate and agree to remove from off the lauds 

33516 herein in the first article of this treaty ceded to the United States, 

33517 by the first day of November next ensuing the date hereof ; and, 

33518 in order to prevent any future misunderstanding, it is expressly 

33519 agreed and understood that no band or party of the said con - 

33520 federated tribes of Sac and Fox Indians shall plant, fish, or 

33521 hunt on any portion of the country herein ceded after the period 

33522 just mentioned. 

33523 Article 6. This treaty shall be obligatory on the contract- 

33524 ing parties after it shall be ratified by the President and Senate 

33525 of the United States. 

33526 Proclaimed December 13, 1837. 



752 



33527 Articles of a treaty made at the city of Washington between Carey 

33528 A. Harris, Commissioner of Indian Affairs, thereto author - 

33529 ized by the President of the United States, and the confed- 

33530 crated tribes of Sacs and Foxes, by their chiefs and delegates. 

33531 Article 1. The Sacs and Foxes make to the United States 

33532 the following cessions: 

33533 First. Of a tract of country containing 1,250,000 (one million 
33531 two hundred and fifty thousand) acres lying west and adjoining 
33535 the tract conveyed by them to the United States in the treaty 
33530 of September 21st, 1832. It is understood that the points of (see 

33537 page 714) termination for the present cession shall be the 

33538 northern and southern points of said tract as fixed by the survey 

33539 made under the authority of the United States, and that a line 

33510 shall be drawn between them, so as to intersect a line extended 

33511 westwardly from the angle of said tract nearly opposite to Bock 

33512 Island, as laid down in the above survey, so far as may be neces- 

33513 sary to include the number of acres hereby ceded, which last. 
33511 mentioned line, it is estimated, will be about twenty-five miles. 

33515 Second. Of all right or interest in the land ceded by said 

33516 confederated tribes on the 15th of July, 1830, which might be 

33517 claimed by them, under the phraseology of the first article of 

33518 said treaty. 

33519 Article 2. In consideration of the cessions contained in 

33550 the preceding article, the United States agree to the following 

33551 stipulations on their part : 

33552 First. To cause the land ceded to be surveyed at the ex- 

33553 pense of the United States, and permanent and prominent land- 
33551 marks established in the presence of a deputation of the chiefs 
33555 of said confederated tribes. 

3355G Second. To pay the debts of the confederated tribes which 

33557 may be ascertained to be justly due, and which may be admitted 

33558 by the Indians, to the amount of one hundred thousand dollars, 

33559 ($100,000 :) Provided, That if all their just debts amount to more 

33560 than this sum, then their creditors are to be paid pro rata upon 

33561 their giving receipts in full • and if said debts fall short of said 

33562 sum, then the remainder to be paid to the Indians : And pro- 

33563 vided also, That no claim for depredations shall be paid out of 
33561 said sum. 

33565 Third. To deliver to them goods suited to their wants, at 

33566 cost, to the amount of twenty-eight thousand five hundred dol- 

33567 lars, ($28,500.) 

33568 Fourth. To expend in the erection of two grist-mills, and 

33569 the support of two millers for five years, ten thousand dollars, 

33570 ($10,000.) 

33571 Fifth. To expend in breaking up and fencing in ground on 



753 



33572 tlie land retained by said confederate tribes, and for otbcr bene- 

33573 ficial objects, fourteen thousand dollars, ($14,000.)* 

33574 Sixth. To supply tbeni with provisions to the amount of five 

33575 thousand dollars ($5,000) a year for two years * 

33576 Seventh. To expend in procuring the services of the neces- 

33577 sary number of laborers, and for other objects connected with 

33578 aiding them in agriculture, two thousand dollars ($2,000) a year, 

33579 for five years. 

33580 Eighth. For the purchase of horses and presents, to be de- 

33581 livered to the chiefs and delegates on their arrival at St. Louis, 

33582 four thousand five hundred dollars, ($4,500,) one thousand dol- 

33583 lars ($1,000) of which is in fall satisfaction of any claim said 

33584 tribe may have on account of the stipulation for blacksmiths in 

33585 the treaty of 1832. 

33586 Ninth. To invest the sum of two hundred thousand dollars 

33587 ($200,000) in safe State stocks, and to guarantee to the Indians 

33588 an annual income of not less than five per cent., the said interest 

33589 to be paid to them each year in the manner annuities are paid, 

33590 at such time and place, and in money or goods, as the tribe may 

33591 direct: Provided, That it maybe competent for the President 

33592 to direct that a portion of the same may, with the consent of the 

33593 Indians, be applied to education or other purposes calculated 

33594 to improve them. 

33595 Article 3. The two blacksmiths' establishments and the 

33596 gunsmith's establishment, to which the Sacs and Foxes are en- 

33597 titled under treaties prior to this, shall be removed to and be 

33598 supported in the country retained by them, and all other stipu- 

33599 lations in former treaties inconsistent with this, or with their 

33600 residence, and the transaction of their business on their retained 

33601 land, are hereby declared void. 

33602 Article 4. The Sacs and Foxes agree to remove from the 

33603 tract ceded, with the exception of Keokuck's Village, possession 

33604 of which may be retained for two years, within eight months 

33605 from the ratification of this treaty. 

33606 Article 5. The expenses of this negotiation and of the 

33607 chiefs and delegates signing this treaty to this city and to their 

33608 homes to be paid by the United States. 

33609 Article 6. This treaty to be binding upon the contracting 

33610 parties when the same shall be ratified by the United States. 

33611 Proclaimed February 21, 183S. 

95 I T 



754 



33612 Articles of a treaty made and concluded at the agency of the Sac 

33613 and Fox Indians in the Territory of Iowa, between the United 

33614 States of America, by John Chambers their commissioner, there- 

33615 to specially authorized by the President, and the confederated 

33616 tribes of Sac and Fox Indians, represented by their chiefs, head- 

33617 men, and braves. 

33618 Article 1. The confederated tribes ot Sacs and Foxes cede 

33619 to the United States, forever, all the lands west of the Missis- 

33620 sippi River to which they have any claim or title, or in which 

33621 they have any interest whatever, reserving a right to occupy 

33622 for the term of three years from the time of signing this treaty 

33623 all that part of the land hereby ceded which lies west of a line 

33624 running due north and south from the painted or red rocks on 

33625 the White Breast Fork of the Des Moines River, which rocks 

33626 will be found about eight miles, when reduced to a straight 

33627 line, from the junction of the White Breast with the Des Moines. 

33628 Article 2. In consideration of the cession contained in the 

33629 preceding article, the United States agree to pay anually to 

33630 the Sacs and Foxes an interest of five per centum upon the sum 

33631 of eight hundred thousand dollars, and to pay their debts men- 

33632 tioned in the schedule annexed to and made part of this treaty, 

33633 amounting to the sum of two hundred and fifty-eight thousand 
33631 five hundred and sixty-six dollars and thirty -four cents ; and the 

33635 United States also agree — 

33636 First. That the President will, as soon after this treaty is 

33637 ratified on their part as may be convenient, assign a tract of 

33638 land suitable and convenient for Indian purposes to the Sacs 

33639 and Foxes for a permanent and perpetual residence for them and 

33640 their descendants, which tract of land shall be upon the Missouri 

33641 River or some of its waters. 

33642 Second. That the United States will cause the blacksmiths' 

33643 and gunsmiths' tools, with the stock of iron and steel on hand 

33644 at the present agency of the Sacs and Foxes, to be removed, as 

33645 soon after their removal as convenient, to some suitable point at 

33646 or near their residences west of the north and south line men- 

33647 tioned in the first article of this treaty ; and will establish and 

33648 maintain two blacksmiths' and two gunsmiths' shops convenient 

33649 to their agency, and will employ two blacksmiths, with necessary 

33650 assistance, and two gunsmiths to carry on the said shops for the 

33651 benefit of the Sacs and Foxes ; one blacksmith's and one gun- 

33652 smith's shop to be employed exclusively for the Sacs, and one of 

33653 each to be employed exclusively for the Foxes ; and all expenses 

33654 attending the removal of the tools, iron and steel, and the erec 

33655 tion of new shops, and the purchase of iron and steel, and the 

33656 support and maintenance of the shops, and wages of the smiths 



755 



33057 and their assistants are to be paid by the tribes, except such 

33658 portion thereof as they are now entitled to have paid by the 

33059 United States under the 4th article of the treaty made with 

33600 them on the 4th of August, 1824, (proclaimed January 18. 

33061 1825 ; see page 742,) and the 4th article of the treaty of the 21st 

33002 of September, 1832, (see page 744.) And when the said tribes 

33003 shall remove to the land to be assigned them by the President of 

33004 the United States under the provisions of this treaty, the smiths' 

33005 shops above stipulated for shall be re-established and maintained 
33000 at their new residence, upon the same terms and conditions as 

33007 are above provided for their removal and establishment west of 

33008 the north and south line mentioned in the first article of this 

33009 treaty. 

33070 Third. That the President of the United States will, as soon as 

33071 convenient after the ratification of this treaty, appoint a com- 

33072 mission er for the purpose, and cause a line to be run north from 

33073 the painted or red rocks on the White Breast, to the southern 

33074 boundary of the neutral ground, and south from the said rocks 

33075 to the northern boundary of Missouri, and will have the said 
33070 lines so marked and designated that the Indians and white peo- 

33077 pie may know the boundary which is to separate their posses- 

33078 sions. 

33079 Article 3. The Sacs and Foxes agree that they will re- 

33080 move to the west side of the line running north and south from 

33081 the painted or red rocks on the White Breast on or before the 

33082 first of May next, and that so soon after the President shall have 

33083 assigned them a residence upon the waters of the Missouri, as 

33084 their chiefs shall consent to do so, the tribe will remove to the 

33085 land so assigned them, and that if they do not remove before 
33080 the expiration of the term of three years, they will then remove 

33087 at their own expense j and the United States agree, that when- 

33088 ever the chiefs shall give notice to the Commissioner of Indian 

33089 Affairs of the time at which they will commence their removal 

33090 to the land to be assigned them by the President, a quantity of 

33091 provisions sufficient for their subsistence while removing shall 

33092 be furnished them at their agency, and an additional quantity, 

33093 not exceeding one years supply, shall be delivered to them upon 

33094 their arrival upon the lands assigned them, the cost and expenses 

33095 of which supplies shall be retained out of any money payable to 
33690 them by the United States. 

33097 Article 4. It is agreed that each of the principal chiefs of 

33098 the Sacs and Foxes shall hereafter receive the sum of live hun- 

33099 dred dollars annually out of the annuities payable to the tribe. 

33700 to be used and expended by them for such purposes as they may 

33701 think proper, with the approbation of their agent. 

33702 x\rticle 5. It is further agreed that there shall be a fund 



756 



83703 amounting to thirty thousand dollars retained at each annual 

33704 payment to the Sacs and Foxes in the hands of the agent ap- 

33705 pointed by the President for their tribe, to be expended by the 

33706 chiefs, with the approbation of the agent, for national andchari- 

33707 table purposes among their people, such as the support of their 

33708 poor, burying their dead, employing physicians for the sick, 

33709 procuring provisions for their people in cases of necessity, and 

33710 such other purposes of general utility as the chiefs may think 

33711 proper and the agent approve. And if at any payment of the 

33712 annuities of the tribe a balance of the fund so retained from the 

33713 preceding year shall remain unexpended, only so much shall be 

33714 retained in addition as will make up the sum of thirty thousand 

33715 dollars. 

33716 Article 6. It is further agreed that the Sacs and Foxes 

33717 may, at any time, with the consent of the President of the United 

33718 States, direct the application, of any portion of the annuities 

33719 payable to them, under this or any former treaty, to the pur- 

33720 chase of goods or provisions, or to agricultural purposes, or any 

33721 other object tending to their improvement or calculated to in- 

33722 crease the comfort and happiness of their people. 

33723 Article 7. The United States agree that the unexpended 

33724 balance of the fond created by the seventh paragraph of the 

33725 second article of the treaty of the twenty-first of October, 

33726 1837, (proclaimed February 21, 1838; see page 753,) for 

33727 agricultural purposes, or so much thereof as may be necessary, 

33728 shall be used and employed in the cultivation of the pat- 

33729 tern farm near the present Sac and Fox agency, in the year 

33730 1843, for the exclusive use and benefit of the tribe. And they 

33731 further agree that such portion of the fund for erecting mills 

33732 and supporting millers, specified in the fourth paragraph of the 

33733 second article of the aforesaid treaty of October 21st, 1837, as 

33734 may be and remain unexpended on the 1st day of May next, 

33735 shall be transferred to and made part of the sum designated in 

33736 the fifth paragraph (as amended) of the article and treaty above 

33737 named, for breaking up land, and other beneficial objects, and 

33738 become thereafter applicable to the same purposes as were in 

33739 the said fifth paragraph originally intended. 

33740 Article 8. The Sacs and Foxes have caused the remains 

33741 of their late distinguished chief Wa-pel-lo to be buried at their 

33742 agency, near the grave of their late friend and agent, General 

33743 Joseph M. Street, and have put into the hands of their agent 

33744 the sum of one hundred dollars to procure a tombstone to be 

33745 erected over his grave similar to that which has been erected 

33746 over the grave of General Street; and because they wish the 

33747 graves of their friend and their chief to remain in the possession 

33748 of the family of General Street, to whom they were indebted in 



757 



'49 his life-time for many acts of kindness, they wish to give to his 

'50 widow, Mrs. Eliza M. Street, one section of land, to include the 

"51 said graves and the agency-house and enclosures around and 

'52 near it 5 and as the agency-house was built at the expense of 

"53 the United States, the Sacs and Foxes agree to pay them the 

'54 sum of one thousand dollars, the value of said building, assessed 

'55 by gentlemen appointed by them and Governor Chambers, coin- 

'5G missioner on the part of the United States, to be deducted from 

'57 the first annuity payable to them under the provisions of this 

'58 treaty. And the United States agree to grant to the said Eliza 

r 59 M. Street, by one or more patents, six hundred and forty acres 

'60 of land in such legal subdivisions as will include the said burial- 

'61 ground, the agency-house and improvements around and near 

'62 it in good and convenient form, to be selected by the said E. M. 

'63 Street or her duly-authorized agent. 

'64 Article 9. It is finally agreed that this treaty shall be 

'65 binding on the two contracting parties so soon as it shall have 

'66 been ratified by the President and Senate of the United States : 

'67 Provided always, That should the Senate disagree to and reject, 

'68 alter, or amend any portion or stipulation thereof, the same must 

'69 be again submitted to the Sacs and Eoxes, and assented to by 

70 them, before it shall be considered valid and obligatory upon 

71 them : and if they disagree to such alteration or amendment the 
'72 treaty shall be returned to the Senate, for ratification or rejection . 
'73 in the form in which it was signed. 

'71 . Proclaimed March 23, 1813. 

'75 Schedule of debts due from the confederated tribes of the Sac and 
'76 Fox Indians to be paid by the United States under the provis- 
'77 ions of a treaty made and concluded at the Sac and Fox agency, 
'78 in the Territory of Iowa, on the eleventh day of October in the 
'79 year 1812 ; to which this schedule is annexed as a part thereof 

°" Name of claimant aud place of resiJenc. Amount. 

'81 Pierre Chouteau, jr. & Co., St. Louis, Missouri, 

82 licensed traders 8112, 109 17 

S3 W. G-. & G. W. Erving, Indiana, licensed traders. 66, 371 83 

81 J. P. Eddy & Co., Io way, licensed traders 52, 332 78 

85 Thomas Charlton, Tan Buren C'ty, Ioway 76 69 

86 E, B. Willoughby, Van Buren C'ty, Ioway 25 00 

87 Erancis Withington, Lincoln County, Missouri 4,212 5S 

88 Jesse B. Webber, Burlington, Ioway 116 60 

89 J. C. Ware, Jefferson County, Ioway 50 00 

90 W. C. Cameron, assignee of A. M. Bissel, (bank- 

91 rupt,) Burlington ^83 11 

92 David Bailey, Lincoln C'ty, Missouri 75 00 



758 



Name of claimant, ami place of residence. Amount. 

33793 Thomas W. Bradley, Ioway $20 00 

33794 John J. Grimes, Lincoln C'ty, Missouri 625 00 

33795 William Settles, Lincoln C'ty, Missouri 320 00 

33796 John S. David, Burlington, Ioway 20 00 

33797 F. Hancock, Van Bnren, Ioway 20 00 

33798 O. G. Pelton, Burlington, Ioway 34 00 

33799 J. Tolman, Tan Bnren, Ioway 115 00 

33800 J. L. Burtiss, Lee County, Ioway 715 00 

33801 Isaac A. Lefevre, Yan Buren, Ioway 348 00 

33802 Jeremiah Smith, jr., Burlington, Ioway 4, 000 00 

33803 William & Sampson Smith, Jefferson County, Ioway, 60 00 

33804 John Koontz 6 50 

33805 Robert Moffet, New Lexington, Ioway 129 63 

33806 Antoine Leclaire, Davenport, Ioway 1, 375 00 

33807 Margaret Price, Lee County, Ioway 9 00 

33808 Jesse Sutton, Yan Buren, Ioway 22 00 

33809 Jefferson Jordon, Yan Buren, Ioway 175 00 

33810 Jeremiah Way land, St. Francisville, Missouri .... 15 00 

33811 Robert Brown, assignee of Cutting & Gordon, Yan 

33812 Buren C'ty, Ioway 73 25 

33813 William Rowland, Yan Buren C'ty, Ioway 460 32 

33814 Edward Kilbourne, Lee County, Ioway 10, 411 80 

33815 Perry & Best, Lee County 22 75 

33816 P. Chouteau, jr., & Co., St. Louis, Missouri 26 00 

33817 Job Carter, Yan Buren C'ty 28 00 

33818 Francis Bosseron, St. Louis, Mo 26 00 

33819 James Jordon, Yan Buren, Ioway 1, 775 00 

33820 Sampson Smith, Ioway 54 00 

33821 Louis Laplant, Ioway 122 00 

33822 William Phelps, Clark County, Missouri 310 00 

33823 William B. Street, Ioway 300 00 

33824 Julia Ann Goodell, Ioway ......... 855 00 

33825 George L. Davenport, Davenport, Ioway 320 00 

33826 G. C. R. Mitchell, Davenport, Ioway 100 00 

33827 David toggle, Yan Buren, Ioway 20 00 

33828 

33829 Amount . 258, 566 34 



33830 Franklin Pierce, President of the United States of America, 

33831 to all and singular to whom these presents shall come, 

33832 greeting : 

33833 Whereas a treaty was made and concluded at the city of 

33834 Washington on the eighteenth clay of May, oue thousand eight 

33835 hundred and fifty-four, by George W. Manypenny, commissioner 

33836 on the part of the United States, and the following-named dele- 

33837 gates of the Sacs and Foxes of Missouri, viz : Pe-to-o-ke-mah, 



759 



33838 or Hard Fish; Mo-less or Wah-pe-ncin -mail, or Sturgeon; NV- 

33839 son-quoit^ or Bear; Mo-ko-ho-ko, or Jumping Fish ; and Ko-ko- 

33840 what, or Fox; they being thereto duly authorized by the said 

33841 Sac and Fox Indians, which treaty is in the words following, 

33842 to wit: 

33843 Articles of agreement and convention made and concluded at the 

33844 city of Washington this eighteenth day of May, one thou- 

33845 sand eight hundred and fifty-four, by George W. Many- 

33846 penny, commissioner on the part of the United States, and 

33847 the following-named delegates of the Sacs and Foxes of 

33848 Missouri, viz: Pe-to-o-ke-inak, or Hard Fish 5 Mo-less or 

33849 Wah-pe-nem-mah, or Sturgeon ; Ne-son-quoit, or Bear ; Mo- 

33850 ko-ho-ko, or Jumping Fish; and No-ko what, or Fox; 

33851 they being thereto duly authorized by the said Sac and Fox 

33852 Indians. 

33853 Article 1. The Sacs and Foxes of Missouri hereby cede, 

33854 relinquish, and convey to the United States all their right, title, 

33855 and interest in and to the country assigned to them by the treaty 

33856 concluded on the seventeenth day of September, one thousand 

33857 eight hundred and thirty-six, (proclaimed February 15, 1837; 

33858 see page 407,) between William Clark, superintendent of In- 

33859 dian affairs, on the part of the United States, and the 

33860 loways and Missouri Sacs and Foxes, being the lower half 

33861 of the country described in the second article thereof as " the 

33862 small strip of land on the south side of the Missouri Kiver, 

33863 lying between the Kickapoo northern boundary-line and the 

33864 Grand Xemahaw Eiver, and extending from the Missouri back 

33865 and westwardly with the said Kickapoo line and the Grand 

33866 Xemahaw, making four hundred sections; to be divided between 

33867 the said loways and Missouri band of Sacs and Foxes ; the lower 

33868 half to the Sacs and Foxes, the upper half to the loways," saving 

33869 and reserving fifty sections, of six hundred and forty acres 

33870 each, which shall be selected in the western part of the cession 

33871 by the delegates parties hereto, and the agent for the tribe, after 

33872 their return home, and which shall be located in one body and 

33873 set off by metes and bounds : Provided, That the delegates and 

33874 agent can find such an amount of land in one body within said 

33875 specified section of country suitable to the wants and wishes of 

33876 the Indians : And it is further provided, That should a suitable 

33877 location, upon examination, to the full extent of fifty sections 

33878 not be found within said western part of this cession, then the 

33879 said delegates and agent shall be permitted to extend the loca- 

33880 tion west or northwest of the country herein ceded and south of 

33881 the Great Neinahaw Eiver, over so much of the public domain, 

33882 otherwise unappropriated, as shall make up the deficiency ; or 

33883 to make a selection entirely beyond the limits of the country 



760 



33884: herein ceded upon any lands of the United States, not otherwise 

33885 appropriated, lying as aforesaid west or northwest of the ceded 

3388Q country and south of the Great Eemahaw. And in either case 

33887 they shall describe their selection, which must be made within 

33888 six months from the date hereof, by metes and bounds, and 

33889 transmit the description thereof, signed by said delegates and 

33890 agent, to the Commissioner of Indian Affairs j and thereupon 

33891 the selection so made shall be taken and deemed as the future 
33S92 permanent home of the Sacs and Foxes of Missouri. It is ex- 

33893 pressly understood that these Indians shall claim under this 

33894 article no more than fifty sections of land, and if that quantity, 

33895 or any portion thereof, shall be selected, as provided above, 

33896 outside of the reservation herein made, then said reservation or 

33897 a quantity equal to that which may be selected outside thereof? 

33898 shall be, and the same is hereby, ceded, relinquished, and con- 

33899 veyed to the United States. 

33900 Article 2. In consideration of the cession and relinquish- 

33901 ment made in the preceding article, the United States agree to 

33902 pay to the Sacs and Foxes of Missouri the sum of forty-eight 

33903 thousand dollars, in manner following, viz : Fifteen thousand dol- 

33904 lars in the month of October in each of the years one thousand 

33905 eight hundred and fifty-four and one thousand eight hundred 

33906 and fifty-five ; ten thousand dollars in the same month of the 

33907 year one thousand eight hundred and fifty-six, and eight thou- 

33908 sand dollars in the same month of the year one thousand eight 

33909 hundred and fifty-seven ; which several sums shall be paid di- 

33910 rectly to the Indians, or otherwise, as the President may deem 

33911 advisable, for building houses, breaking and fencing lands, pur- 

33912 chasing stock, farming-implements, seeds, and such other arti- 

33913 cles as may be necessary for their comfort and prosperity. 

33914 Article 3. The President may cause to be surveyed, in the 

33915 same manner in which the public lands are surveyed, the re- 

33916 servation herein provided for the Sacs and Foxes of Missouri, 

33917 and may assign to each person or family desiring it such quan- 

33918 tity of land as, in his opinion, will be sufficient for such per- 

33919 son or family, with the understanding that he or they will 

33920 occupy, improve, and cultivate the same, and comply with such 

33921 other conditions as the President may prescribe. The land thus 

33922 assigned may hereafter be confirmed by patent to the parties, or 

33923 their representatives, under such regulations and restrictions as 

33924 Congress may prescribe. 

33925 Article 4. The said Indians reserve a tract of one section 

33926 of land at the site of their present farm and mill, and to include 

33927 the same $ and, if they desire it, said farm maybe cultivated for 

33928 them for a term not exceeding two years, at the end of which 

33929 time, or sooner, if the Indians request it, the said tract and mill 



761 



33930 may be sold by the President to the highest bidder, and, upon 

33931 payment being made, a patent to issue to the purchaser; the pro- 

33932 ceeds of the sale to be paid over to the Indians with their other 

33933 moneys. 

33934 Article 5. At the request of the Indians, it is hereby 

33935 agreed that the Board of Foreign Missions of the Presbyterian 

33936 Church shall have a tract of one hundred and sixty acres of 

33937 land, to be selected by said board, at a distance not exceeding 

33938 two miles in a westerly direction from the grant made to said 

33939 board at their mission by the Ioway Indians ; and the President 

33940 is authorized to issue a patent for the same to such person or 

33941 persons as said board may designate. 

33942 Article 6. The said Indians release the United States from 

33943 all claims or demands of any kind whatsoever arising, or which 

33944 may hereafter arise, under former treaties, and agree to remove 

33945 within six months after the ratification of this treaty, and to 

33946 subsist themselves, without cost to the United States. In con* 

33947 sideration of which release and agreement, the United States 

33948 agree to pay them the sum of five thousand dollars, three thou- 

33949 sand of which may be applied to the settlement of their affairs 

33950 preparatory to removal. 

33951 Article 7. The invested fand provided by the second clause 

33952 of the second article of the treaty of twenty-first day of October, 

33953 one thousand eight hundred and thirty-seven, (being one hundred 
33951 and fifty-seven thousand four hundred dollars,) shall remain with 

33955 the United States at an annual interest of five per cent., which 

33956 interest, as it accumulates, shall be expended under the direction 

33957 of the President, in such manner as he may deem best for the in- 

33958 terests of the Indians, and a like disposition may be made of any 

33959 unexpended balance of interest now on hand. (X. B. — The 

33960 clause referred to is probably the ninth, and not the second. 

33961 See page 753.) 

33962 Article 8. No part of the moneys hereby stipulated to be 

33963 paid to the Indians or for their benefit, or of their invested fund, 

33964 shall be applied to the payment of debts contracted by them in 

33965 their private dealings as individuals, whether with traders or 

33966 otherwise. 

33967 Article 9. It is agreed by said Indians that all roads and 

33968 highways laid out by authority of law, shall have right of way 

33969 through their reservation on the same terms as are provided by 

33970 law when roads and highways are made through lands of citi- 

33971 zens of the United States ; and railroad companies, when the 

33972 lines of their roads necessarily pass through the lauds of these 

33973 Indians, shall have right of way on the payment of a just coin* 

33974 pensation therefor in inoney. 

33975 ARTICLE 10. The said Indians promise to use their best 

96 I T 



762 



33976 efforts to prevent the introduction and use of ardent spirits in 

33977 their country; to encourage industry, thrift, and morality; and 

33978 by every possible means to promote their advancement in civil - 

33979 ization. They desire to be at peace with all men, and therefore 

33980 bind themselves to commit no depredation or wrong upon either 

33981 Indians or citizens, and whenever difficulties arise, to abide by 

33982 the laws of the United States in such cases made and provided, 

33983 as they expect to be protected and to have their own rights vindi - 

33984 cated by them. 

33985 Article 11. The object of these articles of agreement and 

33986 convention being to advance the true interests of the Sac and Fox 

33987 Indians, it is agreed, should they prove insufficient, from causes 

33988 which cannot now be foreseen, to effect these ends, that the 

33989 President may, by and with the advice and consent of the Sen- 

33990 ate, adopt such policy in the management of their affairs as in 

33991 his judgment may be most beneficial to them ; or Congress may 

33992 hereafter make such provisions by law as experience shall prove 

33993 to be necessary. 

33994 Article 12. This instrument shall be obligatory on the con- 

33995 tracting parties whenever the same shall be ratified by the Pres- 

33996 ident and the Senate of the United States. 

33997 Proclaimed July 17, 1854. 

33998 Treaty between the United States and the confederated tribes of 

33999 Sacs and Foxes of the Mississippi ; made October 1, 1859 ; 

34000 ratified July 9, 1860. 

34001 By the President of the United States of America : 

34002 A PROCLAMATION. 

34003 To all and, singular to ivhonv these presents shall come, greeting : 

34004 Whereas a treaty was made and concluded at the Sac and 

34005 Fox agency, in the Territory of Kansas, on the first day of 

34006 October, one thousand eight hundred and fifty-nine, by and 

34007 between Alfred B. Greenwood, commissioner on the part of the 

34008 United States, and certain chiefs and head-men hereinafter 

34009 named, representing the confederated tribes of Sacs and Foxes 

34010 of the Mississippi, which treaty is in the following words, to 
31011 wit: 

34012 Articles of agreement and convention made and concluded at 

34013 the Sac and Fox agency, in the Territory of Kansas, on 

34014 the first day of October, in the year of our Lord one thou- 

34015 sand eight hundred and fifty-nine, by and between Alfred 

34016 B. Greenwood, commissioner on the part of the United 

34017 States, and the following-named chiefs and delegates, rep- 



7G3 



34018 resenting the confederated tribes of Sacs and Fo±es of the 

34019 Mississippi, viz: Keokuk, Mack-a-sah-pee, Sha-bah-caw* 

34020 kah, Mat-tah-tah, My-ah-pit, Kaw-ah-kee, Kah-sha-moh-inee, 

34021 Maw-mee-won-e-kah, and Ohe-ko-skuk, they being thereto 

34022 duly authorized by said confederated tribes. 

34023 Article 1. The Sacs and Foxes of the Mississippi Laving 

34024 now more lands than are necessary for their occupancy and use, 

34025 and being desirous of promoting settled habits of industry and 

34026 enterprise amongst themselves by abolishing the tenure in com- 

34027 mon by which they now bold their lands, and by assigning 

34028 limited quantities thereof, in severalty, to the individual mem- 

34029 bers of the tribe, to be cultivated and improved for their indi- 

34030 vicinal use and benefit, it is hereby agreed and stipulated that 

34031 the portion of their present reservation contained within the 

34032 following boundaries, that is to say : beginning at a point on 

34033 the northern boundary -line of their reservation, six miles west 

34034 of the northeastern corner of the same; running thence due 

34035 south to the southern boundary of the same, twenty miles; 

34036 thence west, and along said southern boundary, twelve miles ; 

34037 thence due north, to the northern boundary of said reservation, 

34038 twenty miles ; and thence east, along said boundary-line, twelve 

34039 miles, to the place of beginning — estimated to contain about 

34040 one hundred and fifty-three thousand and six hundred acres — 

34041 shall be set apart and retained by them for the purposes afore- 

34042 said. 

34043 Article 2. Out of the lands so set apart and retained there 

34044 shall be assigned to each member of said confederated tribe, 

34045 without distinction of age or sex, a tract of eighty acres, to in- 

34046 elude in every case, as far as practicable, a reasonable portion 

34047 of timber. One hundred and sixty acres of said retained lands 

34048 shall also be set apart and appropriated to the use and occu- 

34049 pancy of the agent for the time being of said confederated tribe; 

34050 and one hundred and sixty acres shall also be reserved for the 

34051 establishment and support of a school for the education of the 

34052 youth of the tribe. The location of the tracts, the assignment 

34053 of which is provided for in this article, shall be made in as reg- 

34054 ular and compact a manner as possible, and so as to admit of a 

34055 distinct and well-defined exterior boundary, embracing the whole 
31056 of them and any intermediate portions or parcels of land or 

34057 water not included in or made part of the tracts assigned in sev- 

34058 eralty. All such intermediate parcels of land and water shall 

34059 be owned by the Sacs and Foxes of the Mississippi in common ; 

34060 but, in case of increase in the tribe, or other cause, rendering it 

34061 necessary or expedient, the said intermediate parcels of land 

34062 shall be subject to distribution and assignment in such manner 

34063 as the Secretary of the Interior may prescribe and direct. The 



764 



34064 whole of the lands, assigned or unassigned, embraced within 

34065 said exterior boundary, shall constitute and be known as the 

34066 reservation of the Sacs and Foxes of the Mississippi ; and all 

34067 laws which have been, or may be, passed by the Congress of 

34068 the United States regulating trade and intercourse with Indian 

34069 tribes shall have full force and effect over the same, and no white 

34070 person, except such as shall be in the employment of the United 

34071 States, shall be allowed to reside or go upon any portion of said 

34072 reservation, without the written permission of the superintendent 

34073 of the central superintendency, or of the agent of the tribe. 

34074 Article 3. The division and assignment in severalty 

34075 among the Sacs and Foxes of the Mississippi of the land 

34076 hereinbefore reserved for that purpose shall be made under 

34077 the direction of the Secretary of the Interior, and his decis- 

34078 ion of all questions arising thereupon shall be final and con- 

34079 elusive. Certificates shall be issued by the Commissioner of 

34080 Indian Affairs for the tracts assigned in severalty, specifying 

34081 the names of the individuals to whom they have been as- 

34082 signed, respectively, and that the said tracts are set apart for 

34083 the exclusive use and benefit of the assignees and their heirs. 

34084 And said tracts shall not be alienated in fee, leased, or other- 

34085 wise disposed of, except to the United States, or to members of 

34086 the Sac and Fox tribe, and under such rules and regulations as 

34087 may be prescribed by the Secretary of the Interior. And said 

34088 tracts shall be exempt from taxation, levy, sale, or forfeiture, 

34089 until otherwise provided by Congress. Prior to the issue of the 

34090 certificates aforesaid, the Secretary of the Interior shall make 

34091 such rules and regulations as he may deem necessary or expedi- 

34092 ent respecting the disposition of any of said tracts, in case of 

34093 the death of the person or persons to whom they may be as- 

34094 signed, so that the same shall be secured to the families of such 

34095 deceased persons ; and should any of the Indians to whom tracts 

34096 shall be assigned abandon them, the said Secretary may take 

34097 such action in relation to the proper disposition thereof as, in 

34098 his judgment, may be necessary and proper. 

34099 Article 4. For the purpose of establishing the Sacs and 

34100 Foxes of the Mississippi comfortably upon the lands to be as- 

34101 signed to them in severalty, by building them houses, and by 

34102 furnishing them with agricultural implements, stock-animals, 

34103 and other necessary aid and facilities for commencing agricul- 

34104 tural pursuits under favorable circumstances, the lands era- 

34105 braced in that portion of their present reservation, not stipu- 

34106 lated to be retained and divided as aforesaid, shall be sold under 

34107 the direction of the Secretary of the Interior, in parcels not ex- 

34108 ceeding one hundred and sixty acres each, to the highest bidder, 

34109 for cash ; the sale to be made upon sealed proposals, to be duly 



705 



34110 invited by public advertisement, and the proceeds thereof to be 

34111 expended, for the purposes hereinbefore recited, in such manner 

34112 as the Secretary of the Interior may think proper. And should 

34113 any of the tracts so to be sold have upon them improvements 

34114 of any kind which were made by or for the Indians, or for Gov- 

34115 ernment purposes, the proposals therefor must state the price 

34116 for both the land and the improvements. And if, after assign- 

34117 ing to all the members of the tribe entitled thereto their propor- 

34118 tion of land in severalty, there shall remain a surplus of that 

34119 portion of the reservation retained for that purpose, outside of 

34120 the exterior boundaries of the lands assigned in severalty, tha 

34121 Secretary of the Interior shall be authorized and empowered, 

34122 whenever he shall think proper, to cause such surplus to be sold 

34123 in the same manner as the other lands to be so disposed of, aud 

34124 to apply the proceeds of such sale to the purposes and in the 

34125 mode hereinbefore provided with respect to that portion of their 

34126 present reservation not retained for distribution. 

34127 Article 5. The Sacs and Foxes of the Mississippi being 

34128 anxious to relieve themselves from the burden of their present 

34129 liabilities, and it being essential to their best interests that they 

34130 should be allowed to commence their new mode of life free from 

34131 the embarrassments of debt, it is stipulated and agreed that 

34132 debts which may be due and owing at the date of the signing 

34133 and execution hereof, either by the said confederated tribes of 

34134 Sacs and Foxes, or by individual members thereof, shall be 

34135 liquidated and paid out of the fund arising from the sale of their 

34136 surplus lands, so far as the same shall be found to be just and 

34137 valid on an examination thereof, to be made by their agent and 

34138 the superintendent of Indian affairs for the central superintend - 

34139 ency, subject to revision and correction by the Secretary of the 

34140 Interior. 

34141 Article 6, Should the proceeds of the surplus lauds afore- 

34142 said prove insufficient to carry out the purposes and stipula- 

34143 tions of this agreement, and further aid be, from time to time, 

34144 requisite to enable the Sacs and Foxes of the Mississippi to sustain 

34145 themselves successfully in agricultural or other industrial pur- 

34146 suits, such additional means as may be necessary therefor shall be 

34147 taken from the moneys due and belonging to them under the 

34148 provisions of former treaties ; and so much of said moneys as 

34149 may be required to furnish them farther aid, as aforesaid, shall 

34150 be applied in such manner, under the direction of the Secretary 

34151 of the Interior, as he shall consider best calculated to improve 

34152 and promote their welfare. And, in order to render unnecessa i y 

34153 any further treaty engagements or arrangements hereafter with 

34154 the United States, it is hereby agreed and stipulated that the 

34155 President, with the assent of Congress, shall have full power to 



766 



34156 modify or change any of the provisions of former treaties with 

34157 the Sacs and Foxes of the Mississippi in such manner and to 

31158 whatever extent he may judge to be necessary and expedient 

31159 for their welfare and best interest. 

31160 Article?. The Sacs and Foxes of the Mississippi, parties to 

31161 this agreement, are anxious that all the members of their tribe 

31162 shall participate in the advantages herein provided for respecting 

31163 their improvement and civilization, and to that end to induce all 

31164 that are now separated to rejoin and reunite with them. It is 

31165 therefore agreed that, as soon as practicable, the Commissioner 

34166 of Indian Affairs shall cause the necessary proceedings to be 

34167 adopted.to have them notified of this agreement and its advau- 

34168 tages, and to induce them to come in and unite with their breth- 
31169 ren; and to enable them to do so, and to sustain themselves for 

34170 a reasonable time thereafter, such assistance shall be provided 

34171 for them at the expense of the tribe as may be actually necessary 

34172 for that purpose: Provided, however. That those who do not 
31173 rejoin and permanently re-unite themselves with the tribe within 

34174 one year from the date of the ratification of this treaty shall 

34175 not be entitled to the benefit of any of its stipulations. 

34176 Article 8. All the expenses connected with and incident 

34177 to the making of this agreement, and the carrying out of its 

34178 provisions, shall be defrayed out of the funds of the Sacs and 

34179 Foxes of the Mississippi. 

34180 Article 9. It is agreed that all roads and highways laid 

34181 out by authority of law shall have right of way through the 
311S2 lands within the reservation hereinbefore specified, on the same 

34183 terms as are provided by law when roads and highways are made 

34184 through lands of citizens of the United States ; and railroad 

34185 companies, when the lines pass through the lands of said Indians, 

34186 shall have right of way on the payment of a just compensation 

34187 therefor in money. 

31188 Article 10. The Sacs and Foxes of the Mississippi being 

34189 anxious to make some suitable provision for their mixed and 

31190 half bloods, and such of their women (whole-bloods) who have 

34191 intermarried with white men, it is agreed that there shall be as- 

34192 signed to the mixed and half bloods of their tribe 3 and to such 

34193 whole-blood females as have intermarried with white men, at the 

31191 date of this agreement, three hundred and twenty acres each ; 
31195 the location and allotments of said lands to be made out of that 
34196 portion relinquished by this treaty to the United States in trust, 
34L97 provided the mixed or half bloods, and such females of their 

34198 tribes as have intermarried with white men, desire to do so. 

34199 The allotments to such of the mixed or half bloods as may be 

34200 minors to be made by the agent of the tribe, subject to the con- 
31201 firmation and approval of the Secretary of the Interior ; and 



7G7 



34202 in allotting lands to those provided for in this article, said allot- 

34203 ments shall be made so as to include their improvements, (if any,) 

34204 provided it can be done, and at the same time make said allot- 

34205 ments conform to the public surveys. And it is further agreed 

34206 between the parties to this agreement that Thomas Connelly, a 

34207 half-breed, -and a member of the tribe, who has been uniformly 

34208 kind to his people, shall be permitted to so locate his three hun- 

34209 dred and twenty acres as to include Randal's dwelling and trad- 

34210 ing-house, if it can be done so as to harmonize with the public 

34211 surveys ; and provided the said Connelly shall pay to the owner 

34212 of said improvements a fair valuation therefor. The lands 

34213 granted by this article shall remain inalienable except to the 

34214 United States or members of the tribe, nor shall the mixed or 

34215 half bloods, or such females as have intermarried with white 
3421G men, participate in the proceeds of the lands herein ceded. 

34217 Article 11. The United States also agree to cause to be 

34218 paid to the tribe any funds that may have heretofore been with 

34219 held under the provisions of the fifth article of the treaty of one 

34220 thousand eight hundred and forty-two, the same to be expended 

34221 for their benefit, or paid in money, as the Secretary may direct. 

34222 Article 12. This instrument shall be obligatory on the 

34223 contracting parties whenever the same shall be ratified by the 

34224 President and the Senate of the United States. 

34225 Proclaimed July 9, 18G0. 



3422G Treaty between the United States of America and the tribe of Sac 

34227 and Fox Indians of the Mississsp})ij concluded February 18? 

34228 1867 j ratification advised, with amendments, July 25, 1868 ; 

34229 amendments accepted September 2, 1868 ; proclaimed October 

34230 14, 1868. . 

34231 Andrew Johnson, President of the United States of America, 

34232 to all and singular to whom these presents shall come, 

34233 greeting: 

34234 Whereas a treaty was made and concluded at the city of 

34235 Washington, in the District of Columbia, on the eighteenth day 

34236 of February, in the year of our Lord one thousand eight hun- 

34237 dred and sixty-seven, by and between Lewis Y. Bogy, William 

34238 H. Watson, Thomas Murphy, and Henry W. Martin, commis- 

34239 sioners, on the part of the United States, and Keokuk, Chekus- 

34240 kuk, Uc-quawmoko, Mut-tut tah, and Mau-ah-to-wah, chiefs of 

34241 the tribe of Sac and Fox Indians of the Mississippi, on the part 

34242 of said Indians, and duly authorized thereto by them, which 

34243 treaty is in the words and figures following, to wit : 

34244 Articles of agreement made and concluded this eighteenth day 



768 



34245 of February, one thousand eight hundred and sixty-seven, 

34246 between the United States, represented by Lewis V. Bogy, 

34247 Commissioner of Indian Affairs, William H. Watson, 

34248 special commissioner, Thomas Murphy, superintendent of 

34249 Indian affairs for Kansas, and Henry W. Martin, United 

34250 States Indian agent, duly authorized, and the tribes of Sacs 

34251 and Foxes of the Mississippi, represented by Keokuk, Che- 

34252 kus-kuk, Uc-quaw-ho^ko, Mut-tut-tah, and Man-ah-to-wab, 

34253 chiefs of said tribes. 

34254 Article 1. The Sacs and Foxes of tbe Mississippi cede to 

34255 the Government of the United States all the lands, with the im- 

34256 proveinents thereon, contained in their unsold portion of their 

34257 diminished reserve, defined in the first article of their treaty 

34258 ratified July ninth, one thousand eight hundred and sixty, (the 

34259 said tract containing about eighty-six thousand and four hun- 

34260 dred acres, and being more particularly described by the survey 

34261 and plats on file in the Department of the Interior,) except as 

34262 reserved in previous treaties, or in this treaty. 

34263 Article 2, The said Indians also cede to the United States 

34264 a full and complete title to the lands, with the improvements 

34265 thereon, now remaining unsold in that portion of their old reser- 

34266 vation provided by article four of the treaty of July ninth, one 

34267 thousand eight hundred and sixty, to be sold by the Govern - 

34268 ment for their benefit, the cession herein made being subject to 

34269 the exceptions defined in this treaty. 

34270 Article 3. The United States agree to pay to the Sac and 

34271 Fox Indians, parties to this treaty, at the rate of one dollar an 

34272 acre for the whole of the land ceded in the two preceding sec- 

34273 tious, being about one hundred and fifty-seven thousand acres 

34274 of land, less the amount of land set apart for individuals ; and 

34275 further agree to pay the outstanding indebtedness of the said 

34276 tribe, now represented by scrip issued under the provisions of 

34277 previous treaties, and amounting on the first of November, 

34278 eighteen hundred and sixty-five, to twenty-six thousand five 

34279 hundred and seventy-four dollars, besides the interest thereon, 

34280 out of the proceeds of the sale of lauds ceded in this treaty, and 

34281 the amount herein provided to be paid to said Indians, after de- 

34282 ducting such sums as, under the provisions of this treaty, are 

34283 to be expended for their removal, subsistence, and establishing 

34284 them in their new country, shall be added to their invested 

34285 funds, and five per cent, interest paid thereon in the same 

34286 manner as the interest of their present funds is now paid. 

34287 Article 4. At any time after the ratification of this treaty 

34288 the lands ceded in the first article shall be held and considered 

34289 at the disposal of the United States, except that until the time 

34290 for the removal of the Indians is fixed by public notice, under 



7G9 



34291 the provisions of this treaty, do interference shall be made with 

34292 the rights of the Indians as the occupants of the lands, but they 

34293 shall remain in all respects without molestation in the same 

34294 manner as if this treaty had not been made : And prodded further, 

34295 That inasmuch as there are valuable improvements upon said 

34296 reservation, such improvements shall be appraised under the 

34297 direction of the Secretary of the Interior, and the appraised 

34298 value of the same shall be paid to the United States, before title 

34299 is given to any individual or corporation for the lands upon 

34300 which such improvements are situated. 

34301 Article 5. The lands ceded in the second article of this 

34302 treaty, being the unsold remainder of the lands provided in the 

34303 fourth article of the treaty of July ninth, one thousand eight 

34304 hundred and sixty, to be sold in trust for said Indians, shall, 

34305 immediately upon the ratification of this treaty, become the 

34306 property of the United States, and shall be open to entry and 

34307 settlement, and the lands in the second article ceded, as well as 

34308 those ceded in the first article, shall be subject to all the laws 

34309 and regulations of the General Land-Office the same as other 

34310 public lands, except as relates to the provisions in the next pre- 

34311 ceding article relating.to the time when they shall be open for 

34312 settlement, and the requirement of payment for the improve- 

34313 inents; and should there be any improvements upon the land 

34314 ceded in the second article, they shall be appraised, and payment 

34315 shall be required therefor: " Provided, That such lands shall be 

34316 subject to sale, in tracts of not exceeding one hundred and sixty 

34317 acres to any one person, and at a price not less than one dollar 

34318 and fifty cents per acre." 

34319 Article 6. The United States agree, in consideration of 

34320 the improvements upon the said reservation, to give to the Sacs 

34321 and Foxes for their future home a tract of land in the Indian 

34322 country south of Kansas, and south of the Cherokee lands, not 

34323 exceeding seven hundred and fifty square miles in extent. The 

34324 selection of such new reservation shall be made under the direc- 

34325 tion of the Secretary of the Interior, and with his approval, by 

34326 commissioners appointed by the said Secretary, who shall visit 

34327 the Indian country, with delegations from all the tribes propos- 

34328 ing to remove thereto, as soon as practicable after the ratifica- 

34329 tion of this treaty ; and said reservation shall be surveyed as to 

34330 its exterior lines, at the cost of the United States, under the 

34331 direction of the Commissioner of Indian Affairs, not to exceed 

34332 three thousand dollars: Provided, That if it shall be found 

34333 impracticable to select a suitable home for the tribe except by 

34334 purchase from the Cherokees, the United States will pay toward 

34335 the said purchase ^he same amount that would have been pay a 

97 I T 



770 



34336 ble to the Creeks if the reservation had been selected upon the 

34337 former Creek lands ; and in that case the balance of the money 

34338 payable to the Cherokees shall be deducted from the amount due 

34339 the Sacs and Foxes under this treaty. 

34340 Article 7. As soon as practicable after the selection of the 

34341 new reservation herein provided for, there shall be erected 

34342 thereon, at the cost of the United States, a dwelling-house for 

34343 the agent of the tribe, a house and shop for a blacksmith, and 

34344 dwelling-house for a physician, the aggregate cost of which shall 

34345 not exceed ten thousand dollars ; and also, at the expense of the 

34346 tribe, five dwelling-houses for the chiefs, to cost in all not more 

34347 than five thousand dollars. 

34348 As soon as practicable after such selection of a reservation 

34349 as it may, in the discretion of the Secretary of the Interior, be 

34350 deemed advisable for the Indians to remove thereto, regard being 

34351 had to the proper season of the year for such removal, notice 

34352 shall be given to their agent directing such removal; and when- 
31353 ever such time shall be fixed, public notice thereof shall be given 

34354 in three leading newspapers of Kansas, and thereafter the land 

34355 ceded to the United States by the first article of this treaty 

34356 shall be open to entry and settlement under the provisions of 

34357 the fourth article, 

34358 Article 8. No part of the invested funds of the tribe, or 

34359 of any moneys which may be due to them under the provisions 

34360 of previous treaties, nor of any moneys provided to be paid to 

34361 them by this treaty, shall be used in payment of any claims 

34362 against the tribe accruing previous to the ratification of this 

34363 treaty unless herein expressly provided for. 

34364 Article 9. In order to promote the civilization of the tribe, 

34365 one section of land, convenient to the residence of the agent, 

34366 shall be selected by said agent, with the approval of the Com- 

34367 missioner of Indian Affairs, and set apart for a manual-labor 

34368 school; and their shall also be set apart, from the money to be 

34369 paid to the tribe under this treaty, the sum of ten thousand dol- 

34370 lars for the erection of the necessary school-buildings and dwell- 

34371 ing for teacher, and the annual amount of five thousand dollars 

34372 shall be set apart from the income of their funds after the erection 

34373 of such school-buildings, for the support of the school ; and after 

34374 the settlement of the tribe upon their new reservation, the sum 

34375 of five thousand dollars of the income of their funds may be annu- 

34376 ally used, under the direction of the chiefs, in the support of 

34377 their national government, out of which last-mentioned amount 

34378 the sum of five hundred dollars shall be annually paid to each 

34379 of the chiefs. 

34380 Article 10. The United States agree to pay annually, for 



771 



34381 five years after the removal of the tribe, the sum of fifteen hun- 

34382 dred dollars for the support of a physician and purchase of med- 

34383 icines, and also the sum of three hundred and fifty dollars annu- 

34384 ally for the same time, in order that the tribe may provide itself 

34385 with tobacco and salt. 

34386 Article 11. In consideration of certain improvements made 

34387 by John Goodell upon the lands of the nation within their 

34388 present reservation, and of his services as their interpreter, he 

34389 shall be allowed to select therefrom a half section of land ; and 

34390 it is further provided that of said land, Sarah A. Whistler and 

34391 Pash-e-ca-cah, or Amelia Mitchell, shall each be allowed to select 

34392 a half section of land, the latter selection to include the house 

34393 in which she lives ; and Julia A. Goodell one quarter section, 

34394 besides the land, not exceeding eight acres, upon which her 

34395 house and improvements are situated ; and Mary A. Means one 

34396 quarter section, to includfe] the improvements occupied by her ; 

34397 and there shall also be allowed to Antoine Qokey and William 

34398 Avery, each one hundred and sixty acres ; to Leo Whistler and 

34399 Gertrude Whistler, each three hundred and twenty acres ; and to 

34400 James Thorpe, Virginia Thorpe, and Cassandra Thorpe, Thomas 

34401 J. Miles, Hattie Miles, Ema-Ke-O-Kuck, Hannie-Ke-O-Kuck, Mo- 

34402 Co-P-quah, each eighty acres ; Man-a-tah, Pah-me-che-kaw-paw, 

34403 Henry Jones, Wilson McKinney, and Carrie C. Capper, each one 

34404 hundred and sixty acres, to be selected from unimproved lands: 

34405 Provided, That the parties herein named shall pay to the Secre- 

34406 tary of the Interior, within three months after the ratification 

34407 of this treaty, the sum of one dollar per acre for said lands, the 

34408 avails of which shall be used for the benefit of the Sacs and 

34409 Foxes in the same manner as the other funds arising from the sales 

34410 of their lands : Provided also, That George Powers, the present 

34411 Government interpreter, for valuable services rendered and uni- 

34412 form kindness toward the nation, shall have patented to him, 

34413 in fee-simple, three hundred and twenty acres of land, to be 

34414 located by the agent : Provided also, That they may select from 

34415 land upon which improvements exist, by paying the appraised 

34416 value of such improvements ; but no selection shall include the 

34417 agency, mission, or mill buildings ; and upon the approval by 

34418 the Secretary of the Interior of such selections, and on payment 

34419 therefor, as hereinbefore provided, patents in fee-simple shall 

34420 be issued to the respective parties, their heirs or assigns. 

34421 Article 12. In consideration of the faithful services of 

34422 Samuel Black in protecting their houses and timber from tres- 

34423 pass and depredation, there shall be patented to him in fee-sim- 

34424 pie the tract of land upon which he lives, being the west half 

34425 of the northwest quarter-section four, town [ship] seventeen, 

34426 range sixteen. 



772 



54427 Article 13. Licensed traders, having erected valuable build- 

34428 ing at the agency, it is agreed that John K. Rankin may have 

34429 a patent for the land, not exceeding eight acres, upon which 

34430 such improvements are built, and not to include any other im- 

34431 provements, on the payment of two dollars and fifty cents per 

34432 acre. 

34433 Article 14. The Sacs and Foxes, parties to this treaty, 

34434 agree that the Sacs and Foxes of Missouri,^ they shall so elect, 

34435 with the approval of the Secretary of the Interior, may unite 

34436 with them and become a part of their people, upon their con- 

34437 tributing to the common fund such a portion of their funds as 

34438 will place them on an equal footing in regard to annuities. 

34439 Article 15. The claims of the Sacs and Foxes against the 

34440 United States for stealing of stock, which have heretofore been 

34441 adjusted, amounting to sixteen thousand four hundred dollars, 

34442 shall be paid by the United States, and the amount disbursed 

34443 and expended for the benefit of the tribe in such objects for their 

34444 improvement and comfort upon the new reservation as the chiefs 

34445 through their agent shall desire ; and whereas the Indians claim 

34446 that one full payment due under previous treaty has never been 

34447 made to them, it is agreed that a careful examination of the 

34448 books of the Commissioner of Indian Affairs shall be made, and 

34449 if any sum is found to be still due and unpaid, the same shall be 

34450 paid to them per capita in the same manner as their annuities 

34451 are paid. 

34452 Article 16. The United States will advance to the said 

34453 tribe of Indians the sum of twenty thousand dollars, or so much 

34454 thereof as may be necessary, to pay the expenses of their subsis- 

34455 tence for the first year after their arrival at their new home in 

34456 the Indian country, and to pay the necessary expenses of re- 

34457 moval and furnish necessary rations for the journey during such 

34458 removal; said removal to be made under direction of the super- 

34459 iutendent or agent, to be designated by the Secretary of the 

34460 Interior: the moneys thus expended to be deducted from the 

34461 whole amount provided to be paid for their lands herein ceded. 

34462 Article 17. It is hereby provided that the half-breeds and 

34463 full-bloods of the tribe, who were entitled to selections of land 

34464 under the Sac and Fox treaty, ratified July ninth, one thousand 

34465 eight hundred and sixty, and which selections have been ap- 
3 4466 proved by the Secretary of the Interior, shall be entitled to patents 
31467 in fee-simple for the lands heretofore selected, according to the 

34468 schedule annexed to this treaty: Provided, That where siuh 

34469 selections have been made and the allottees have sold their 

34470 lands for a valuable consideration, not less than one dollar and 

34471 twenty-five cents per acre, the Secretary of the Interior shall, 



773 



34472 upon full proof being made, cause patents to issue to the pur- 

34473 chasers or their assigns. 

34474 Article 18. All sales hereafter made by or on behalf of 

34475 persons to whom lands are assigned in this treaty shall receive 

34476 the approval of the Secretary of the Interior before taking effect 

34477 in conveying title to lands so sold. 

34478 Article 19. The United States agree to pay the expenses 
31479 of negotiating this treaty, not to exceed the sum of fifteen hun- 

34480 dred dollars. 

34481 Article 20. The chiefs and head-men of the Sacs and Foxes 

34482 having permitted their employees to cultivate farms, which, 

34483 together with the farms of Ke-o-kuck and other chiefs, are em- 

34484 braced within an area two miles by four, and the said Sacs and 

34485 Foxes believing that the lands comprising the said area having 

34486 been made valuable by reason of said occupancj^, and in order 

34487 that they may receive a fair compensation for said area of land, 

34488 bounded and described as follows, except as heretofore specially 

34489 excepted, and the mill and mission building, to wit : commencing 

34490 at the northwest corner of section thirty-three, township 

34491 sixteen, range seventeen, thence east two and a quarter (2J) 

34492 miles to the reservation line; thence south along said line 

34493 four miles ; thence west two and a fourth (2J) miles to the 

34494 southwest corner of section sixteen, township seventeen, range 

34495 seventeen ; thence north along the section line to the place of 

34496 beginning, are hereby withdrawn from sale, as is provided for 

34497 the sale of their lands in this treaty, and the said area of land, 

34498 as above described, shall be sold by the chiefs and agent for the 

34499 tribe at the best price obtainable $ and they are hereby einpow- 

34500 ered to make warrantee deeds for the same, subject to the ap- 
31:501 proval of the Secretary of the Interior, at not less than two 

34502 dollars per acre in addition to the appraised value of the im- 

34503 provements. The avails of said lands shall be expended by the 

34504 agent, under the direction of the chiefs, for the benefit of the 

34505 nation. 

34506 Article 21. The Sacs and Foxes of the Mississippi, parties 

34507 to this agreement, being anxious that all the members of their 

34508 tribe shall participate in the advantages to be derived from the 

34509 investment of their national funds, sales of lands, and so forth, 

34510 it is therefore agreed that, as soon as practicable, the Commis- 

34511 sioner of Indian Affairs shall cause the necessary proceedings to 

34512 be adopted, to have such members of the tribe as maybe absent 

34513 notified of this agreement and its advantages, and to induce 

34514 them to come in and permanently unite with their brethren, and 

34515 that no part of the funds arising from or due the nation under 

34516 this or previous treaty stipulations shall be paid to any bauds or 

34517 parts of bands who do not permanently reside on the reserva- 



774 



34518 tion set apart to theni by the Government in the Indian Terri- 

34519 tory, as provided in this treaty, except those residing in the 

31520 State of Iowa ; and it is further agreed, that all money, accruing 

31521 from this or former tribes, [treaties,] now due or to become due 

31522 said nation, shall be paid them on their reservation in Kansas ; 

31523 and after their removal, as provided in this treaty, payments shall 
31521 be made at their agency on their lands as then located. 

31525 List of Sac and Fox lands selected for individuals referred to in 

31526 Article XVII of the above treaty, selected by Perry Fuller, 

31527 agent. 

QJKQG Names of persons. Description of land. Sec[tion.J Town[ship.] Range. 



31529 




. .. s.pw.i 


5 


17 


18 


31530 


Alvira Connolly. . ... 


... SW. J 


5 


17 


18 


31531 


Alvira Connolly 


K i NW. J .... 


8 


17 


18 


31532 


Alexander Connolly. . . . 


--. m 


4 


17 


18 


34533 


Cordelia Connolty 


— E. J 


35 


16 


17 


31534 


Isaac Goodell 


W. i 


3 


17 


18 


31535 


Kish-Kah-Iwah 


■-- s.j 


16 


17 


18 


31536 




--- E. i 


12 


17 


17 


31537 


Hiram P. Thorp . 


E. i 


1 


17 


17 


31538 


Francis A. Thorp 


... W. i 


6 


17 


18 


31539 


Amelia McPherson 


... W. * 


1 


17 


17 


34540 


Sarah A. Whistler. . . . . 


... SW.i 


34 


16 


18 


34541 


Sarah A. Whistler ...... 


SW. J SW. J. . . 


35 


16 


18 


31542 




w.pw.i.... 


o 


17 


18 


34543 


Sarah A. Whistler 


NW. 1 SW. J.. 


2 


17 


18 


34544 


Julia A. Goodell 


.-■ 


21 


17 


18 


34545 


Susan J. Goodell .... . 


e. i 


-3 


17 


18 


34546 




E.J 


17 


17 


18 


34547 


Jane Goodell 


J 


10 


17 


18 


34548 


Jane Goodell 


. NW. JNW. J.. 


10 


17 


18 


34549 


Jane Goodell 


... E. \ NW. i .... 


10 


17 


18 


34550 






11 


17 


18 


34551 


Mary A. Byington 


... E. J NB. i 


9 


17 


18 


34552 


Mary A. Byington .... . 


... E. J SE.J 


9 


17 


18 


31553 


Mary A. Byington 


... W. i SW. J.... 


10 


17 


18 


31554 


Mary A. Bvington 


SW. i NW. J . . 


10 


17 


18 


34555 


Mary A. Byington 


... NE.i^E.J.... 


16 


17 


18 


34556 


Margaret Miles 


... W. i 


4 


17 


18 


34557 


Thomas J. Connolly. . . 


... SW.iSE. J.... 


9 


17 


18 


34558 


Thomas J. Connolly 


. SE. JNE. 


16 


17 


18 


34559 




, W. i NB. i . . . . 


16 


17 


18 


34560 




... NWJ 


16 


17 


18 


34561 


Charles T. Connolly 


. . . E. J NW. i . , 


9 


17 


18 



775 



34562 


Names of persons. 


Description ol land. 


Sec[tion.] 


Township.] 


Ran«<r. 


34563 




w. j ne. 1 . 


9 


17 


18 


34564 


Charles T. Connolly 


NW.JSE. J... 


9 


17 


18 


34565 


Charles T. Connolly 


SB.JSW.J.... 


9 


17 


18 


34566 


Charles T. Connolly 


S. i sw. 1 


9 


17 


18 


34567 


The following icere selected by C. C. Hutchinson : 




oiDbb 


Names of persons. 


Description. 


Sec[tion.] 


Town [ship.] 




oloo9 


Kaw-Kol-we-nah 


e. J 


2 


17 


1 / 


O 4 ~7fk 
O±0 I U 


George Powers 


KE.i 


8 


17 


1 Q 

±0 


<34o<l 


George Powers 


S.JNW.J . 


8 


17 


1 0 

18 




George Powers ..... 


KJSW.J . 


8 


17 


1 8 
lo 






W. J SE. \ 


21 


17 




34574 


Joseph Gokey 


k i mv. 1 . . . . 


. 28 


17 


18 


34575 






28 


17 


18 


34576 




W.pE.J... 


28 


17 


18 


34577 


Joseph Gokey 


W. i SE.J 


29 


17 


18 


34578 


Met-tack-ah-pack-o tab 


E. § 


7 


17 


18 


34579 




W. 


7 


17 


18 


34580 


Proclaimed October 14, 


1868. 









34581 SACS AND FOXES OF MISSOURI. 



34582 Articles of a treaty made at the city of Washington between Carey 

34583 A. Harris, thereto specially authorised by the President of the 

34584 United States, and the Sacs and Foxes of Missouri, by their 

34585 chiefs and delegates. 

34586 Article 1. The Missouri Sac and Fox Indians make the 

34587 following cessions to the United States : 

34588 First. Of all right or interest in the country between the 

34589 Missouri and Mississippi Rivers and the boundary -line between 

34590 the Sac and Fox and the Sioux Indians, described in the second 

34591 article of the treaty made with these and other tribes on the 19th 

34592 of August, 1825, to the full extent to which said claim was rec- 

34593 ognized in the third article of said treaty $ and of all interest 

34594 or claim by virtue of the provisions of any treaties since made 

34595 by the United States with the Sacs and Foxes. 

34596 Second. Of all the right to locate, for hunting or other pur- 

34597 poses, on the land ceded in the first article of the treaty of July 

34598 15th, 1830, which, by the authority therein conferred on the 

34599 President of the United States, they may be permitted by him 

34600 to enjoy. 

34601 Third. Of all claims or interest under the treaties of Govern- 



7?6 



34602 ber 3d, 1804 ; August 4th, 1824 ; July 15th, 1830, aud Septem- 

34603 ber 17th, 1836, for the satisfaction of which no appropriations 

34604 have been made. 

34605 Article 2. In consideration of the cession contained in the 

34606 preceding article, the United States agree to the following stip- 

34607 ulations on their part : 

34608 First. To pay to the said Sacs and Foxes of the Missouri, 

34609 the sum of one hundred and sixty thousand dollars, ($160,000.) 

34610 It is understood and agreed that, of the said sum of one 

34611 hundred and sixty thousand dollars, ($160,000,) there shall be 

34612 expended in the purchase of merchandise, to be delivered when- 

34613 ever in the judgment of the President it may be best for them, 

34614 twenty-five hundred dollars, ($2,500 ;) and there shall be paid 

34615 to Jacques Mettez, their interpreter, for services rendered, and 

34616 at their request, one hundred dollars, ($100.) 

34617 Second. To invest the balance of said sum, amounting to 

34618 one hundred and fifty-seven thousand four hundred dollars, 

34619 ($157,400,) and to guaranty them an annual income of not less 

34620 than five per cent, thereon. 

34621 Third. To apply the interest herein guaranteed in the folio w- 

34622 ing manner: 

34623 For the support of a blacksmith's establishment, one thou- 

34624 sand ($1,000) dollars per annum. 

34625 For the support of a farmer, the supply of agricultural im- 

34626 plements, and assistance, and other beneficial objects, sixteen 

34627 hundred dollars ($1,600) per annum. 

34628 For the support of a teacher and the incidental expenses of 

34629 a school, seven hundred and seventy dollars ($770) per annum. 

34630 The balance of the interest, amounting to forty-five hun- 

34631 dred dollars, ($4,500,) shall be delivered, at the cost of the United 

34632 States, to said Sac and Fox Indians, in money or merchandise, 

34633 at the discretion of the President, and at such time and place as 

34634 he may direct. 

34635 Article 3. The expenses of this negotiation, aud of the 

34636 chiefs and delegates signing this treaty to this city and to their 

34637 homes, to be paid by the United States. 

34638 Article 4. This treaty to be binding upon the contracting 

34639 parties when the same shall be ratified by the United States. 

34640 Proclaimed February 21, 1838. 



777 



34641 SACS AND FOXES OF THE MISSOURI AND IOWAS. 

34642 By the President of the United States of America. 

34643 A PROCLAMATION. 

34644 To all and singular to whom these presents shall come, greeting : 

34645 Whereas a treaty was made and concluded at the Great 

34646 Nemaha agency, in the Territory of Nebraska, on the sixth day 

34647 of March, in the year of our Lord one thousand eight hundred 

34648 and sixty-one, by and between Daniel Vanderslice, United 

34649 States Indian agent, on the part of the United States, and Pe- 

34650 te-ok-a-ma, Ne-sour-quoit, Mo-less, and Se-se-ah-kee, chiefs and 

34651 delegates of the Indians known as the Sacs and Foxes of Mis- 

34652 souri, duly authorized thereto by said Indians, and No heart, 

34653 Nag-ga-rash, Mah-hee, To-hee, Tah-ra-kee, Thur-o-mony, and 

34654 White Horse, chiefs and delegates of the Indians known as the 

34655 Iowa tribe, duly authorized thereto by said Indians, in the 

34656 words and figures following, to wit : 

34657 Articles of agreement and convention made and concluded at 

34658 the office of the Great Nemaha agency, Nebraska Terri- 

34659 tory, on the sixth day of March, A. D. one thousand eight 

34660 hundred and sixty-one, by and between Daniel Vanderslice, 

34661 U. S. Indian agent, on the part of the United States, and 

34662 the following-named delegates of the Sacs and Foxes of Mis- 

34663 souri, viz : Pe : ta-ok-a-ma, Ne-sour-quoit, Mo-less, and Se- 

34664 se-ah-kee; and the following-named delegates of the Iowa 

34665 tribe, viz : No-heart, Nag-ga-rash, Mah-hee, To-hee, Tah-ra- 

34666 kee, Thur-o-mony, and White Horse ; they being duly au- 

34667 thorized thereto by their respective tribes. 

34668 Article 1. The Sacs and Foxes of Missouri hereby cede, 

34669 relinquish, and convey to the United States all their right, title, 

34670 and interest in and to lands within their present reservation, 

34671 described as follows, viz : beginning at the mouth of the south 

34672 fork of the Great Nemaha Eiver, and thence up the southwest 

34673 bank of the Great Nemaha, with its meanders, to the mouth of 

34674 the west fork ; thence up the west fork, with its meanders, to 

34675 the line of the 40° of parallel on the west bank of creek or fork 

34676 where is established the southwest corner of the Sac and Fox 

34677 reserve, by erecting a stone monument, from which the follow- 

34678 ing references bear, viz: A large cottonwood tree three feet in 

34679 diameter, bears S. 44° 00' E. 1.05 chains; a rock bears N. 

34680 30° 00' W. 50 links ; another rock bears N. 50° 00' west 50 

34681 links ; and another rock bears due north one chain ; thence 

34682 east along the line of the 40° of parallel to the west bank of the 

98 i T 



34683 south fork of the Great Nemaha River, distance fourteen miles 

34684 twenty-seven chains and sixty links, where is established the 

34685 southeast corner of the Sac and Fox reserve, by erecting a stone 

34686 pile with a black walnut post in the centre of it, from which a 

34687 white elm, two feet in diameter, bears S. 33° 00 / E. 22 links, and 

34688 marked with the letters S. E. Cor. for the southeast corner, aud 

34689 another elm, 18 inch|e]s in diameter, bears S. 39° 00' E. 1.05 

34690 chains, and marked SE C B SE., for the southeast corner, bear- 

34691 ing, and distance ; and another black walnut, 9 inchfejs in di- 

34692 ameter, bears S. 15° 00' E. 85 links, and thence clown the south 

34693 fork, with its meanders, to the point of beginning, estimated to 

34694 contain 32,098 acres 3 roods and 35 perches. 

34695 Article 2. The aforesaid lands shall be surveyed in con- 

34696 formity with the system governing the survey of the public 

34697 lands 5 and the same shall be sold, under the direction of the 

34698 Secretary of the Interior, in parcels not exceeding one hundred 

34699 and sixty acres each, to the highest bidder, for cash; the sale 

34700 to be made upon sealed proposals, to be duly invited by public 

34701 advertisement : Provided, No bid shall be favorably considered 

34702 which may be less than one dollar and twenty-five cents per 

34703 acre. And should any of the tracts so to be sold have upon 

34704 them improvements of any kind which were made by or for the 

34705 Indians, or for Government purposes, the proposals therefor 

34706 must state the price for both the land and improvements. The 

34707 proceeds of the sales thereof, after deducting therefrom the ex- 

34708 penses of surveying the lands and all other expenses incident to 

34709 the negotiation of these articles of convention and the proper 

34710 execution thereof, the balance shall be applied as follows, viz : 

34711 One half shall be held in trust by the United States for the 

34712 benefit of the Sacs and Foxes of Missouri, and interest thereon, 

34713 at the rate of five per centum per annum, shall be paid an- 

34714 nually, with the other funds to be paid said tribe, in the same 

34715 manner as stipulated in the treaty of May 18th, 1854; and the 

34716 other half of said balance shall be applied as hereinafter speci- 

34717 fied. 

34718 Article 3. The Iowa tribe of Indians, parties to this 

34719 agreement, hereby cede, relinquish, and convey to the United 

34720 States, for the use and benefit of the Sacs and Foxes of Mis- 

34721 souri, for their permanent home, all that part of their present 

34722 reservation lying and being west of Nohearts Creek, and 

34723 bounded as follows, viz : Beginning at a point where the south- 

34724 ern line of the present Iowa reserve crosses Nohearts Creek ; 

34725 thence with said line to the south fork of the Nemaha, (com- 

34726 monly known as Walnut Creek 5) thence down the middle of 

34727 said south fork, with the meanders thereof, to its mouth, and to 

34728 a point in the middle of the Great Nemaha River ; thence down 



779 



34729 the middle of said river to a point opposite the mouth of Xo- 

34730 hearts Creek ; and thence, in a southerly direction with the 

34731 middle of said Xohearts Creek, to the place of beginning. And 

34732 it is hereby understood and agreed that, in full consideration for 

34733 said cession, the United States shall hold in trust, for the use 

34734 and benefit of the Iowas, the one-half of the net proceeds of 

34735 the sales of the lands described in the second article of this 

34736 agreement, and interest thereon, at the rate of five per centum 

34737 per annum, shall be paid to the Iowa tribe in the same manner 

34738 as their annuities are paid under the treaty of May 17, 1854. 

34739 The reservation herein described shall be surveyed and set apart 

34740 for the exclusive use and benefit of the Sacs and Foxes of Mis- 

34741 souri, and the remainder of the Iowa lands shall be the tribal 

34742 reserve of said Iowa Indians, for their exclusive use and bene- 

34743 fit. 

34744 Article 4. The Sacs and Foxes of Missouri being anxious 

34745 to make full satisfaction for a just claim which Joseph Tesson 

34746 holds against said tribe, it is hereby agreed by the parties to 

34747 this convention that said claimant shall select a quarter section 

34748 or one hundred and sixty acres of land, to include his present 

34749 residence and improvements, to be located in one body, in con- 

34750 fortuity with the legal subdivisions of the public surveys, which 
34*51 tract of land shall be received by him in full payment of said 

34752 claim, estimated at about eight hundred dollars, and all other 

34753 claims or rights of every character whatsoever against said 

34754 tribe 5 and when a relinquishment shall have been executed by 

34755 said claimant in favor of said tribe for all claims that he may 

34756 have against them, a patent shall be issued to him for said tract 

34757 of land in fee-simple. 

34758 The following chiefs shall be entitled to select each a quar- 

34759 ter section, or one hundred and sixty acres of land in one body, 

34760 in conformity with the public surveys, to include their present 

34761 residences and improvements, viz : Pe-te ok-a-rna, Xe- sour- quoit, 

34762 and Mo-less; and George Goniess, a member of the Sac and 

34763 Fox tribe, shall select in like manner one-eighth of a section or 

34764 eighty acres of land in one body, to include his improvements, 

34765 aud patents shall be issued therefor in favor of said persons in 

34766 fee-sinqxLe. 

34767 Article 5. In order to encourage education among the 

34768 aforesaid tribes of Indians, it is hereby agreed that the United 

34769 States shall expend the sum of one thousand dollars for the 

34770 erection of a suitable school-house, and dwelling-house for the 

34771 school teacher, for the benefit of the Sacs and Foxes, and also 

34772 the additional sum of two hundred dollars per an mini for school 

34773 purposes, so long as the President of the United States may 

34774 deem advisable. And for the benefit of the Iowa tribe of 



780 



34775 Indians there shall be expended, in like manner, at the discre- 

34776 tion of the President, the sum of three hundred dollars per 

34777 annum for school purposes, which two last-mentioned sums 

34778 shall be paid out of the funds to be appropriated for the civili- 

34779 zatioii of Indians. 

34780 Article 6. There shall be set apart in one body, under the 

34781 direction of the Commissioner of Indian Affairs, one section, or 

34782 six hundred and forty acres of land, in harmony with the public 

34783 survey, so as to include the agency-dwelling, agency-office, 

34784 council-house, school-house, teachers' dwelling, blacksmith's 

34785 dwelling and shops, and such farming land as may be necessary 

34786 for the use of the school, agency, and employees thereat. 

34787 Article 7. No person not a member of either of the 

34788 tribes, parties to this convention, shall go upon the reserva- 

34789 tions or sojourn among the Indians without a license or written 

34790 permit from the agent or superintendent of Indian affairs, 

34791 except Government employees or persons connected with the 

34792 public service. And no mixed-blood Indians, except those ein- 

34793 ployed at some mission, or such as may be sent there to be edu- 

34794 cated, or other members of the aforesaid tribes, shall participate 

34795 in the beneficial provisions of this agreement or former treaties, 

34796 unless they return to and unite permanently with said tribes, 

34797 and reside upon the respective reservations within six months 

34798 from the date of this convention. 

34799 Article 8. It is hereby understood and agreed by the con- 

34800 tracting parties hereto that the stipulations of the treaty with 

34801 the Sacs and Foxes of Missouri of May 18th, 1854, (proclaimed 

34802 July 17, 1854 ■ see page 758,) and the treaty with the Iowa 

34803 Indians of the 17th of May, 1854, (see page 403,) which may 

34804 not be inconsistent with these articles of convention, shall have 

34805 full force and effect upon the contracting parties hereto. 

34806 Article 9. This instrument shall be obligatory upon the 

34807 respective parties hereto, whenever the same shall be ratified by 

34808 the President and the Senate of the United States. 

34809 Article 10. The Secretary of the Interior may expend a 

34810 sum not exceeding three thousand five hundred dollars, ($3,500,) 

34811 out of the proceeds of the sales of said lands, at any time he 

34812 may deem it advisable, for the purpose of erecting a toll-bridge 

34813 across the Great Nemaha River at or near Boy's Ferry, for the 

34814 use of the Iowa Indians,* and alike sum of three thousand five 

34815 hundred dollars, ($3,500,) out of the proceeds of the sales of 

34816 said lands, for the imrpose of erecting a toll-bridge across the 

34817 Great Kemaha River, at or near Wolf Village, for the use of the 

34818 Sacs and Foxes of Missouri. « -. 

34819 Toll shall be charged and collected for the use of said 

34820 bridges at such rates and under such rules and regulations as 



781 



34821 may be established by the Commissioner of Indian Affairs, with 

34822 the approval of the Secretary of the Interior, the proceeds of 

34823 such tolls to be expended as follows : 1st, in making necessary 

34824 repairs on said bridges; 2d, for the use of said tribes, respect- 

34825 tively. 

34826 Article 11. It is further stipulated that, whenever Con- 

34827 gress shall by law so provide, all annuities due and to become 

34828 due and payable to the said tribes of Indians under this treaty, 

34829 and under all other previous treaties 3 may be paid in specific ar- 

34830 tides, clothing, agricultural implements, and such other articles 

34831 as Congress shall direct. 

34832 Proclaimed March 26, 1863. 



34833 SACS AND FOXES, AND OTHERS. 

34834 Articles of a treaty made and concluded by William Clark, super- 

34835 intendent of Indian affairs, and Willoughby Morgan, col. 

34836 of the United, States 1st Regt. Infantry, commissioners on be- 

34837 half of the United States, on the one part, and the undersigned 

34838 deputations of the confederated tribes of the Sacs and Foxes, 

34839 the Medawah-Kanton, Wahpacoota, WaJipeton, and Sissetong 

34840 bands or tribes of Sioux, the Omahas, Ioicays, Ottoes, and 

34841 Missouri as, on the other part. 

34842 The said tribes being anxious to remove all causes which 

34843 may hereafter create any unfriendly feeling between them, and 

34844 being also anxious to provide other sources for supplying their 

34845 wants besides those of hunting, which they are sensible must 

34846 soon entirly fail them, agree with the United States on the fol- 

34847 lowing articles : 

34848 Article 1. The said tribes cede and relinquish to the United 

34849 States forever all their right and title to the lands lying within 

34850 the following boundaries, to wit : Beginning at the upper fork of 

34851 the Demoine River, and passing the sources of the Little Sioux 

34852 and Floyds Rivers to the fork of the first creek which falls into 

34853 the Big Sioux or Calumet on the east side ; thence down said 

34854 creek and Calumet River to the Missouri River; thence down 

34855 said Missouri River to the Missouri State-line above the Kansas ; 

34856 thence along said line to the northwest corner of the said State ; 

34857 thence to the high-lands between the waters falling into the Mis 

34858 souri and Desmoines, passing to said high-lands along the divid- 

34859 ing-ridge between the forks of the Grand River ; thence along 

34860 said high-lands or ridge separating the waters of the Missouri 

34861 from those of the Demoine to a point opposite the source of 

34862 Boyer River ; and thence in a direct line to the upper fork of the 



782 



34863 Deinoine, the place of beginning. But it is understood that the 

34864 lands ceded and relinquished by this treaty are to be assigned 

34865 and allotted, under the direction of the President of the United 

34866 States, to the tribes now living thereon, or to such other tribes 

34867 as the President may locate thereon, for hunting and other pur 

34868 poses. 

34869 Article 2. The confederated tribes of the Sacs and Foxes 

34870 cede and relinquish to the United States forever a tract of 

34871 country twenty miles in width, from the Mississippi to the De- 

34872 moine, situate south and adjoining the line between the said 

34873 confederated tribes of Sacs and Foxes and the Sioux, as estab- 

34874 lished by the second article of the treaty of Prairie du Ohien of 

34875 the nineteenth of August, one thousand eight hundred and 

34876 twenty-five. 

34877 Article 3. The Medawah-Kanton, Wah-pa-coota, Wahpe- 

34878 ton, and Sisseton bands of the Sioux cede and relinquish to the 

34879 United States forever a tract of country twenty miles in width, 

34880 from the Mississippi to the Demoine Eiver, situate north and 

34881 adjoining the line mentioned in the preceding article. 

34882 Article 4. In consideration of the cessions and relinquish - 

34883 ments made in the first, second, and third articles of this treaty, 

34884 the United States agree to pay to the Sacs three thousand dol- 

34885 lars, and to the Foxes three thousand dollars ; to the Sioux of 

34886 the Mississippi, two thousand dollars ; to the Yancton and San tie 

34887 bands of Sioux, three thousand dollars ; to the Omahas, two thou- 

34888 sand five hundred dollars; to the Ioways, two thousand five hun- 

34889 dred dollars to the Ottoes and Missourias, two thousand five 

34890 hundred dollars, and to the Sacs of the Missouri River, five hun- 

34891 dred dollars, to be paid annually for ten successive years, at 

34892 such place or places on the Mississippi or Missouri as may be 

34893 most convenient to said tribes, either in money, merchandize, or 

34894 domestic animals, at their option ; and when said annuities, or 

34895 any portion of them, shall be paid in merchandize, the same is 

34896 to be delivered to them at the first cost of the goods at St. Louis, 

34897 free of transportation. And the United States further agree to 

34898 make to the said tribes and bands the following allowances for 

34899 the period of ten years, and as long thereafter as the President 

34900 of the United States may think necessary and proper, in addi- 

34901 tion to the sums hereinbefore stipulated to be paid them ; that 

34902 is to say : To the bands of the Sioux mentioned in the third ar- 

34903 tide, one blacksmith, at the expense of the United States, and 

34904 the necessary tools, also instruments for agricultural purposes, 

34905 and iron and steel to the amount of seven hundred dollars ; to 

34906 the Yancton and Santie bands of Sioux, one blacksmith, at the 

34907 expense of the United States, and the necessary tools, also in- 

34908 struments for agricultural purposes to the amount of four hun- 



783 



34909 dred dollars; to the Omahas, one blacksmith, at the expense of 

31910 the United States, and the necessary tools, also instruments for 

34911 agricultural purposes, to the amount of five hundred dollars ; 

31912 to the Ioways, an assistant blacksmith, at the expense of the 

34913 United States, also instruments for agricultural purposes to the 

34914 amount of six hundred dollars: to the Ottoes and Missourias, 

34915 one blacksmith, at the expense of the United States, and the 

34916 necessary tools, also instruments for agricultural purposes to 

34917 the amount of five hundred dollars ; and to the Sacs of the Mis- 

34918 souri River, one blacksmith, at the expense of the United States, 

34919 and the necessary tools, also instruments for agricultural pur- 

34920 poses to the amount of two hundred dollars. 

34921 Article 5. And the United States further agree to set 

34922 apart three thousand dollars annually for ten successive years, 

34923 to be applied, in the discretion of the President of the United 

34924 States, to the education of the children of said tribes and bands 

34925 parties hereto. 

34926 Article 6. The Yanckton and Santie bands of the Sioux 

34927 not being fully represented, it is agreed that, if they shall sign 

34928 this treaty, they $hall be considered as parties thereto, and 

34929 bound by all its stipulations. 

34930 Article 7. It is agreed between the parties hereto that 

34931 the lines shall be run and marked as soon as the President of 

34932 the United States may deem it expedient. 

34933 Article 8. The United States agree to distribute between 

34934 the several tribes, parties hereto, live thousand one hundred 

34935 and thirty-two dollars' worth of merchandize, the receipt whereof 

34936 the said tribes hereby acknowledge, which, together with the 

34937 amounts agreed to be paid, and the allowances in the fourth 

34938 and fifth articles of this treaty, shall be considered as a full 

34939 compensation for the cession and relinquishments herein made. 

34940 Article 9. The Sioux bands in council having earnestly 

34941 solicited that they might have permission to bestow upon the 

34942 half-breeds of their nation the tract of land within the following 

34943 limits, to wit : Beginning at a place called the Barn, below and 

34944 near the village of the Bed Wing Chief, and running back fifteen 

34945 miles ; thence in a parallel line with Lake Pepin and the Missis- 

34946 sippi about thirty-two miles, to a point opposite Beef or O-Boeuf 

34947 Biver ; thence fifteen miles to the grand encampment opposite 

34948 the river aforesaid. The United States agree to suffer said half- 

34949 breeds to occupy said tract of country, they holding by the same 

34950 title, and in the same manner that other Indian titles are held. 

34951 Article 10. The Omahas, Ioways and Ottoes, for them- 

34952 selves and in behalf of the Yanckton and Santie bands of Sioux, 

34953 having earnestly requested that they might be permitted to 

34954 make some provision for their half-breeds, and particularly that 

34955 they might bestow upon them the tract of country within the 



784 



34956 following limits, to wit : Beginning at the mouth of the Little 

34957 Ne-mohawBiver and running up the main channel of said river 

34958 to a point which will be ten miles from its mouth in a direct 

34959 line ; from thence in a direct line to strike the Grand Ne-moliaw 

34960 ten miles above its mouth in a direct line, (the distance between 

34961 the two Ne-mohaws being about twenty miles ;) thence down 

34962 said river to its mouth ; thence up, and with the meanders of 

34963 the Missouri Eiver, to the point of beginning, it is agreed that 

34964 the half-breeds of said tribes and bands may be suffered to 

34965 occupy said tract of land, holding it in the same manner and by 

34966 the same title that other Indian titles are held ; but the Presi- 

34967 dent of the United States may hereafter assign to any of the said 

34968 half-breeds, to be held by him or them in fee-simple, any portion 

34969 of said tract not exceeding a section of six hundred and forty 

34970 acres to each individual. Aud this provision shall extend to 

34971 the cession made by the Sioux in the preceding article. 

34972 Article 11. The reservation of land mentioned in the pre- 

34973 ceding article having belonged to the Ottoes, and having been 

34974 exclusively ceded by them, it is agreed that the Omahas, the 

34975 Ioways, aud the Tanckton and Santie bands of Sioux shall pay 

34976 out of their annuities to the said Ottoe tribe, for the period of ten 

34977 years, three hundred dollars annually, of which sum the Omahas 

34978 shall pay one hundred dollars, the Ioways one hundred dollars, 

34979 and the Yanckton and Santie bands one hundred dollars. 

34980 Article 12. It is agreed that nothing contained in the 

34981 foregoing articles shall be so construed as to affect any claim 

34982 or right in common which has heretofore been held by any 

34983 tribes, x>arties to this treaty, to any lauds noi embraced in the 

34984 cession herein made, but that the same shall be occupied and 

34985 held by them as heretofore. 

34986 Article 13. This treaty, or any part thereof, shall take 

34987 effect and be obligatory upon the contracting parties so soon 

34988 as the same shall be ratified by the President of the United 

34989 States, by and with the advice and consent of the Senate thereof. 

34990 Proclaimed February 24, 1831. 

34991 SHAWXEES. 

34992 Articles of a treaty concluded at the mouth of the Great Miami, on 

34993 the northwestern bank of the Ohio, the thirty-first day of Jan- 

34994 uary, one thousand seven hundred and eighty-six, betiveen the 

34995 commissioners plenipotentiary of the United States of America, 

34996 of the one part, and the chiefs and warriors of the Shaicanoe 

34997 Nation, of the other part. 

34998 Article 1. Three hostages shall be immediately delivered 

34999 to the commissioners, to remain in the possession of the United 



785 



35000 States until all the prisoners, white and black, taken in the late 

35001 war from among the citizens of the United States by the Shaw- 

35002 anoe Nation, or by any other Indian or Indians residing in their 

35003 towns, shall be restored. 

35001 Article 2. The Shawanoe Nation do acknowledge the 

35005 United States to be the sole and absolute sovereigns of all the 

35006 territory ceded to them by a treaty of peace made between them 
35007. and the King of Great Britain the fourteenth day of January, 

35008 one thousand seven hundred and eighty-four. 

35009 Article 3. If any Indian or Indians of the Shawanoe Na- 

35010 tion or any other Indian or Indians residing in their towns, 

35011 shall commit murder or robbery on, or do any injury to, the citi- 

35012 zens of the United States, or any of them, that nation shall de- 

35013 liver such offender or offenders to the officer commanding the 
35011 nearest post of the United States, to be punished according to 

35015 the ordinances of Congress; and, in like manner, any citizen 

35016 of the United States who shall do an injury to any Indian of 

35017 the Shawanoe Nation, or to any other Indian or Indians re- 

35018 siding in their towns and under their protection, shall be pun- 

35019 ished according to the laws of the United States. 

35020 Article 4. The Shawanoe Nation, having knowledge of the 

35021 intention of any nation or body of Indians to make war on the 

35022 citizens of the United States, or of their counselling together for 

35023 that purpose, and neglecting to give information thereof to the 
35021 commanding officer of the nearest post of the United States, 

35025 shall be considered as parties in such war, and be punished ac- 

35026 cordingly j and the United States shall in like manner inform the 

35027 Shawanoes of any injury designed against them. 

35028 Article 5. The United States do grant peace to the Shaw- 

35029 anoe Nation, and do receive them into their friendship and pro- 

35030 tection. 

35031 Article 6. The United States do allot to the Shawanoe 

35032 Nation lands within their territory to live and hunt upon, be- 

35033 ginning at the south line of the lands allotted to the Wiandots 
35031 and Delaware Nations, at the place where the main branch of 

35035 the Great Miami, which falls into the Ohio, intersects said line ; 

35036 then down the river Miami to the fork of that river next below 

35037 the old fort which was taken by the French in one thousand 

35038 seven hundred and fifty-two ; thence due west to the river de la 

35039 Pause; then down that river to the river Wabash, beyond 

35010 which lines none of the citizens of the United States shall settle, 

35011 nor disturb the Shawanoes in their settlement and possessions ; 

35012 and the Shawanoes do relinquish to the United States all title, 

35013 or pretence of title, they ever had to the lands east, west, and 
35011 south, of the east, west, and south lines before described. 
35015 Article 7. If any citizen or citizens of the United States 

99 i t 



786 



35046 shall presume to settle upon the lands allotted to the Shawanoes 

35047 by this treaty, he or they shall be put out of the protection of 

35048 the United States. 

35049 Concluded January 31, 1786. 



35050 SHAWNEES BE SIDING WITHIN THE STATE OF MIS- 

35051 SOUEI. 

35052 Artieles of a convention made between William Clark, superin- 

35053 tendent of Indian affairs, and the undersigned chiefs and Jiead- 

35054 men of the Shawonee Nation of Indians, residing within the 

35055 State of Missouri, duly authorized and empowered by said na- 

35056 tion, at the city of St. Louis, on the seventh day of November, 

35057 in the year of our Lord one thousand eight hundred and twen- 

35058 ty-five. 

35059 Whereas the Shawnee Indians were in possession of a tract 

35060 of land near Cape Geredeau, in the State of Missouri, settled 

35061 under a permission from the Spanish government given to the 

35062 said Shawnees and Delawares by the Baron De Carondelet, on 

35063 the fourth day of January, one thousand seven hundred and 

35064 ninety-three, and recorded in the office of recorder of land-titles 

35065 at St. Louis, containing about (25) twenty-five miles square, 

35066 which said tract of land was abandoned by the Delawares, in 

35067 the year 1815 ; and from which the said Shawnees, under an as- 

35068 surance of receiving other lands in exchange, did remove, after 

35069 having made valuable and lasting improvements on the same, 

35070 which were taken possession of by the citizens of the United 

35071 States ; and it being the desire of the United States fully to in- 

35072 demnify said tribe for all losses and injuries sustained by them 

35073 by reason of such removal, the following articles have been 

35074 agreed upon between William Clark, superintendent of Indian 

35075 affairs, specially authorized, on the one part, and the under- 

35076 signed delegates of the Shawnee tribe residing within the State 

35077 of Missouri, on the other part. 

35078 Article 1. The Shawnee tribe do hereby cede and relin- 

35079 quish to the United States all their claim, interest, and title to 

35080 the lands on which they settled near Cape Geredeau, under an 

35081 authority of the Spanish government, as aforesaid, situate, lying, 

35082 and being between the Biver St. Come and Cape Geredeau, and 

35083 bounded on the east by the Mississippi and westwardly by White 

35084 Water. 

35085 Article 2. It is further agreed by the contracting parties 

35086 that, in consideration of the cession aforesaid, the United 



787 



35087 States do hereby agree to give to the Shawnee tribe of Indians 

35088 within the State of Missouri, for themselves and for those of 

35089 the same nation now residing in Ohio who may hereafter emi- 

35090 grate to the west of the Mississippi, a tract of laud equal to 

35091 fifty (50) miles square, situated west of the State of Missouri 

35092 and within the purchase lately made from the Osages by treaty 

35093 bearing date the second day of June, one thousand eight hun- 

35094 dred and twenty-five, and within the following boundaries: 

35095 Commencing at a point (2) two miles northwest of the south- 

35096 west corner of the State of Missouri; from thence, north (25) 

35097 twenty-five miles ; thence west (100) one hundred miles ; thence 

35098 south (25) twenty-five miles ; thence east (100) one hundred miles 

35099 to the place of beginning. But whereas the said Shawnee tribe 

35100 had valuable and lasting improvements within the tract of land 

35101 hereby ceded, and, moreover, will have to incur expenses in 

35102 their removal, it is further stipulated that, for the purpose of 

35103 rendering a fair equivalent for the losses and inconveniences 

35104 which said tribe will sustain by removal, and to enable them to 

35105 obtain supplies in their new settlements, the United States agree 

35106 to pay to the tribe emigrating from the lands herein ceded the 

35107 sum of fourteen thousand dollars, which amount shall be paid 

35108 to said party of the second part as soon as practicable after 

35109 the ratification of this treaty ; five thousand dollars of which 

35110 amount shall be furnished in domestic animals, implements of 

35111 husbandry, and provisions, as soon as the said tribe remove 

35112 upon the lands assigned them. 

35113 Article 3. It is further stipulated that a deputation of 

35114 the said parties of the second part may be sent to explore 

35115 the lauds assighned to them in the preceding article ; and if the 

35116 same be not acceptable to them, upon an examination of the 

35117 same, which shall be had and made known to the superintendent 

35118 of Indian affairs at St. Louis on or before April next, who shall, 

35119 in lieu thereof, assighn to them an equal quantity of land to be 

35120 selected on the Kansas River, and laid off either south or north 

35121 of that river, and west of the boundary of Missouri, not reserved 

35122 or ceded to any other tribe. 

35123 Article 4. It appearing that the Shawnee Indians have 

35124 various claims against the citizens of the United States to a 

35125 large amount for spoliations of various kinds, but which they 

35126 have not been able to support by the testimony of white men, 

35127 the United States, in order to a final settlement of all such claims, 

35128 do hereby agree to pay to the Shawnee Nation the sum of (11,000) 

35129 eleven thousand dollars, to be distributed by them in such way 

35130 as may be deemed equitable ; and to support and keep a black- 

35131 smith for their use on the lauds hereby assighned for the term of 

35132 five years, or as long as the President may deem advisable ; and 



788 



35133 it is further stipulated that the United States shall furnish for 

35134 the use of the Shawnees the tools necessary for the blacksmith's 

35135 shop and (300) three hundred pounds of iron annually, to be 

35136 furnished at the expense of the United States. 

35137 Article 5. The friendship heretofore existiug between the 

35138 United States and the Shawnee Nation is hereby renewed and 

35139 perpetuated. 

35110 Article 6. These articles shall take effect and become 

35111 obligatory on the contracting parties so soon as the same shall 

35112 be ratified by the President, by and with the advice and consent 
35143 of the Senate of the United Status. 

35111 Proclaimed December 30. 1825. 



35115 Articles of agreement and convention made and concluded at 



35116 WapagJikonnetta, in the county of Allen, and state of Ohio, on 

35117 the eighth dag of August, in the year of our Lord one thousand 

35118 eight hundred and thirty-one. by and between James B. Gardi- 

35119 ner, especially appointed commissioner on the part of the United 

35150 States, and John MeMvain, Indian agent for the VTyonduts. 

35151 Senecas, and Shawnees residing in the State of Ohio, on the one 

35152 part, and the undersigned principal chiefs, head-men. and ivarri- 

35153 ors of the tribe of Shawnee Indians residing at Wapaghl'on- 
35151 netta and Hog Creel:, within the territorial limits of the organ- 

35155 ized county of Allen, in the State of Ohio. 

35156 Whereas the President of the United States, under the 



35157 authority of the act of Congress approved May 28. 1830, has 

35158 appointed a special commissioner to confer with the different 

35159 Indian tribes residing within the constitutional limits of the 

35160 State of Ohio, and to offer for their acceptance the provisions of 

35161 the before-recited act : and 

35162 Whereas the tribe or band of Shawnee Indians residing at 

35163 Wapaghkonnetta and on Hog Creek, in the said State, have 
35161 expressed their perfect assent to the conditions of the said act, 

35165 and their willingness and anxiety to remove west of the Missis- 

35166 sippi Eiver, in order to obtain a more permanent and advan- 

35167 tageous home for themselves and their posterity : Therefore, 

35168 In order to carry into effect the aforesaid objects, the 

35169 following articles of convention have been agreed upon by the 

35170 aforesaid contracting parties, which, when ratified by the Presi- 

35171 dent of the United States, by and with the advice and consent 

35172 of the Senate thereof, shall be mutually binding upon the United 

35173 States and the said Shawnee Indians : 

35171 Article 1. The tribe or band of Shawnee Indians residing 

35175 at Wapaghkonnetta and on Hog Creek, in the State of Ohio, in 

35176 consideration of the stipulations herein made on the part of the 



789 



35177 United States, do forever cede, release, and quit claim to the 

35178 United States the lands granted to them by patent in fee-simple 

35179 by the sixth section of the treaty made at the foot of the 

35180 rapids of the Miami Biver of Lake Erie, on the 29th day of 

35181 September, in the year of our Lord 1817, (proclaimed January 4, 

35182 1819; see page 197,) containing one hundred and twenty- 

35183 five sections or square miles, and granted in two reservations, 
35181 and described in said sixth section of the aforesaid treaty as 

35185 follows : " A tract of laud ten miles square, the centre of which 

35186 shall be the council-house at Wapaghkonnetta," and " a tract of 

35187 land containing twenty-five square miles, which is to join the tract 

35188 granted at Wapaghkonnetta, and to include the Shawnee settle- 

35189 ment on Hog Creek, and to be laid off as nearly as possible in a 

35190 square form," which said two tracts or reservations of land were 

35191 granted as aforesaid to the said Shawnee Indians by the patents 

35192 signed by the Commissioner of the General Land-Office and 

35193 certified by the Secretary of War, dated the 20th day of April, 
35191 1821. Also, one other tract of land, granted to the said Shaw- 

35195 nees by the second article of the treaty made at St. Mary's, in 

35196 the State of Ohio, on the 17th day of September, (proclaimed 

35197 January 4, 1819,) in the year 1818, and described therein asfol- 

35198 lows : " Twelve thousand eight hundred acres of land, to be laid 

35199 off adjoining the east line of their reserve of ten miles square at 

35200 Wapaghkonnetta," making, in the whole of the aforesaid ces- 

35201 sions to the United States by the aforesaid Shawnees, one 

35202 hundred and forty-five sections or square miles, which includes 

35203 all the land now owned or claimed- by the said band or tribe of 

35204 Shawnees in the State of Ohio. 

35205 Article 2. In consideration of the cessions stipulated in 

35206 the foregoing article, the United States agree to cause the said 

35207 tribe or band of Shawnees, consisting of about four hundred 

35208 souls, to be removed, in a convenient and suitable manner, to the 

35209 western side of the Mississippi Eiver, and will grant by patent 

35210 in fee-simple to them and their heirs- forever, as long as they 

35211 shall exist as a nation and remain upon the same, a tract of land 

35212 to contain one hundred, thousand acres, to be located, under the 

35213 direction of the President of the United States, within the tract 

35214 of land equal to fifty miles square, which was granted to the 

35215 Shawnee Indians of the State of Missouri by the second article 

35216 of a treaty made at the city of Saint Louis, in said State, with 

35217 the said Shawnees of Missouri, by William Clark, superintendent 

35218 of Indian affairs, on the 7th day of November, in the year 1825, 

35219 and in which it is provided that the grant aforesaid shall be for 

35220 the Shawnee tribe of Indians within the State of Missouri, ••and 

35221 for those of the same nation now residing in Ohio who may here- 

35222 after emigrate to the west of the Mississippi;'' but if there 



790 



35223 should not be a sufficiency of good land unoccupied by the 

35224 Shawnee Indians who have already settled on the tract granted 

35225 as aforesaid by the said treaty of Saint Louis, then the tract of 

35226 one hundred thousand acres hereby granted to the said Shaw- 

35227 nees of Ohio, parties to this compact, shall be located under the 

35228 direction of the President of the United States on lands contig- 

35229 uous to the said Shawnees of Missouri, or on any other unappro- 

35230 priated lands within the district of country designed for the 

35231 emigrating Indians of the United States. 

35232 Article 3. The United States will defray the expenses of 

35233 the removal of the said band or tribe of Shawnees, and will, 

35234 moreover, supply them with a sufficiency of good and wholesome 

35235 provisions to support them for one year after their arrival at 

35236 their new residence. 

35237 Article 4. Out of the first sales to be made of the lands 

35238 herein ceded by the said Shawnees, the United States will cause 

35239 a good and substantial saw-mill and a grist-mill, built in the 

35240 best manner, and to contain two pair of stones and a good 

35241 bolting-cloth, to be erected on the lands granted to the said 

35242 Shawnees west of the Mississippi, and said mills shall be solely 

35243 for their use and benefit. The United States will, out of the 

35244 sales of the ceded lands, as aforesaid, cause a blacksmith-shop 

35245 (to contain all the necessary tools) to be built for the said Shaw- 

35246 nees at their intended residence, and a blacksmith shall be em- 

35247 ployed by the United States, as long as the President thereof 

35248 may deem proper, to execute all necessary and useful work for 

35249 said Indians. 

35250 Article 5. In lieu of the improvements which have been 

35251 made on the lands herein ceded, it is agreed that the United 

35252 States shall advance to the said Shawnees, (for the purpose of 

35253 enabling them to erect houses and open farms at their intended 

35254 residence,) the sum of thirteen thousand dollars, to be re-im- 

35255 bursed from the sales of the lands herein ceded by them to the 

35256 United States. A fair and equitable distribution of this sum 

35257 shall be made by the chiefs of the said Shawnees, with the con- 

35258 sent of the people, in general council assembled, to such indi- 

35259 viduals of their tribe who have made improvements on the lands 

35260 herein ceded, and may be properly entitled to the same. 

35261 Article 6. The farming-utensils, live-stock, and other 

35262 chattel property which the said Shawnees now own, and may 

35263 not be able to carry with them, shall be sold, under the superin- 

35264 tendance of some suitable person, appointed by the Secretary 

35265 of War for that purpose, and the proceeds paid over to the 

35266 owners of such property respectively. 

35267 Article 7. The United States will expose to public sale, to 

35268 the highest bidder, in the manner of selling the public lands, 



791 



352G9 the tracts of land herein ceded by the said Shawnees. And 

35270 after deducting from the proceeds of such sales the sum of sev- 

35271 enty cents per acre, exclusive of the cost of surveying, the cost 

35272 of the grist-mill, saw-mill, and blacksmith-shop, and the afore- 

35273 said sum of thirteen thousand dollars, to be advanced in lieu of 

35274 improvements, it is agreed that any balance which may remain 

35275 of the avails of the lands after sale, as aforesaid, shall constitute 

35276 a fund for the future necessities of said tribe, parties to this 

35277 compact, on which the United States agree to pay to the chiefs, 

35278 for the use and general benefit of their people, annually, five 

35279 per centum on the amount of said balance, as an annuity, said 

35280 fund to be continued during the pleasure of Congress, unless 

35281 the chiefs of the said tribe or band, by and with the consent of 

35282 their people, in general council assembled, should desire that the 

35283 fund thus to be created should be dissolved and paid over to 
35281 them, in which case the President shall cause the same to be so 

35285 paid, if* in his discretion, he shall believe the happiness and 

35286 prosperity of said tribe would be promoted thereby. 

35287 Aeticle 8. It is agreed that any annuities accruing to the 

35288 said band or tribe of Shawnees by former treaties shall be paid 
85289 to them at their intended residence west of the Mississippi, un- 

35290 der the direction of the President. 

35291 Aeticle 9. In consideration of the good conduct and 

35292 friendly dispositions of the said band of Shawnees towards the 

35293 American Government, and as an earnest of the kind feelings 
35291 and good wishes of the people ot the United States for the fu- 

35295 tare welfare and happiness of the said Shawnees, it is agreed 

35296 that the United States will give them as presents the following 

35297 articles, to be fairly divided by the chiefs among their people 

35298 according to their several necessities, to wit : two hundred 

35299 blankets, forty ploughs, forty sets of horse-gears, one hundred 

35300 and fifty hoes, fifty axes, and Eussia sheeting sufficient for fifty 

35301 tents ; the whole to be delivered to them as soon as practicable 

35302 after their arrival at their new residence, except the blankets 

35303 and Eussia sheeting, which shall be given previously to their 
35301 removal. 

35305 Aeticle 10. The lands granted by this agreement and con- 

35306 vention to the said band or tribe of Shawnees shall not be sold 

35307 nor ceded by them, except to the United States. And the 

35308 United States guarantee that said lands shall never be withiu 

35309 the bounds of any State or Territory, nor subject to the laws 

35310 thereof; and further, that the President of the United States 

35311 will cause said tribe to be protected at their intended residence 

35312 against all interruption or disturbance from any other tribe or 

35313 nation of Indians, or from any other person or persons what- 
35311 ever, and he shall have the same care and superintendence over 



792 



35315 thern in the country to which they are to remove that he has 

35316 heretofore had qwev them at their present place of residence. 

35317 Article 11. It is understood by the present contracting 

35318 parties that any claims which Francis Duchouquet may have 

35319 under former treaties to a section or any quantity of the lands 

35320 herein ceded to the United States are not to be prejudiced by 

35321 the present compact, but to remain as valid as before. 

35322 Article 12. In addition to the presents given in the ninth 

35323 article of this convention, it is agreed that there shall also be 

35324 given to the said Shawnees twenty-five rifle-guns, to be distrib- 

35325 uted in the manner provided in said ninth article. 

35326 Article 13. At the request of the chiefs, there is granted 

35327 to Joseph Parks, a quarter-blooded Shawnee, one section of 

35328 land, to contain six hundred and forty acres, and to include his 

35329 present improvements, at the old town near Wapaghkonnetta, 

35330 in consideration of his constant friendship and many charitable 

35331 and valuable services towards the said Shawnees ; and at the 

35332 request of the chiefs it is also stipulated that the price of an 

35333 average section of the lands herein ceded shall be reserved in 

35334 the hands of the Government, to be paid to their friends, the 

35335 Shawnees who now reside on the river Huron, in the Territory 

35336 of Michigan, for the purpose of bearing their expenses should 

35337 they ever wish to follow the Shawnees of Wapaghkonnetta and 

35338 Hog Creek to their new residence west of the Mississippi. 

35339 Article 14. At the request of the chiefs, it is agreed that 

35340 they shall be furnished with two cross-cut saws for the use of 

35341 their tribe ; and also that they shall receive four grindstones 

35342 annually for the use of their people, to be charged upon the sur- 

35343 plus fund, and they shall further receive, as presents, ten hand- 

35344 saws, ten drawing-knives, twenty files, fifty gimlets, twenty au- 

35345 gurs of different sizes, ten planes of different sizes, two braces 

35346 and bits, four hewing-axes, two dozen scythes, five frows, and 

35347 five grubbing-hoes. 

35348 Proclaimed April 6, 1832. 

35349 Franklin Pierce, President of the United States of America, 

35350 to all and singular to whom these presents shall come, 

35351 greeting : 

35352 Whereas a treaty was made and concluded on the tenth 

35353 day of May, one thousand eight hundred and fifty-four, by 

35354 George W. Manypenny, commissioner on the part of the United 

35355 States, and the following-named delegates representing the 

35356 bands of Shawnees who were parties to the treaties of seventh 

35357 November, one thousand eight hundred and twenty-five, and 

35358 eighth of August, one thousand eight hundred and thirty-one, 

35359 viz: Joseph Parks, Black Hoof, George McDougal, Longtail, 



793 



35360 George Blue Jacket, Graham Rogers, Wah-wah-che-pa e kar, 

35361 or Black Bob. and Henry Blue Jacket, thereto duly authorized 

35362 by said tribe, which treaty is in the words following, to wit : 

35363 Articles of agreement and convention made and concluded at 

35364 the city of Washington this tenth day of May, one thou- 

35365 sand eight hundred and fifty-four, by George W. Many- 
3536G penny, as commissioner on the part of the United States, 
od361 and the following-named delegates, representing the bands 
3536S of Shawnees who were parties to the treaties of seventh of 

35369 November, one thousand eight hundred and twenty-five, 

35370 and eighth of August, one thousand eight hundred and 

35371 thirty-one, viz : Joseph Parks, Black Hoof, George McDou- 

35372 gal, Longtail, George Blue Jacket, Graham Bogers, Wa- 

35373 wah-che-pa-e-kar, or Black Bob, and Henry Blue Jacket, 
35371 they being thereto duly authorized by the now united tribe 

35375 of said Shawnee Indians. 

35376 Aeticle 1. The Shawnee tribe of Indians hereby cede and 

35377 convey to the United States all the tract of country lying west 
3537S of the State of Missouri, which was designated and set apart 
35379 for the Shawnees in fulfilment of, and pursuant to, the second 
353S0 and third articles of a convention made between TVilliam Clark? 
35381 superintendent of Indian affairs, and the chiefs and head-men 
353S2 of the Shawnee Nation of Indians, at St. Louis, on the seventh 

35383 day of Zsovember, one thousand eight hundred and twenty-five, 

35384 (proclaimed December 30. 1825 ; see page 786,) which said tract 

35385 was conveyed to said tribe (subject to the right secured by the 

35386 second article of the treaty made at TTapaghkonetta, on the 

35387 eighth day August, one thousand eight hundred and. thirty-one.) 

35388 (proclaimed April 0. 1832 : see page 788.) by John Tyler, Pres- 

35389 ident of the United States, by deed bearing date the eleventh day 

35390 of May, one thousand eight hundred and forty-four — said tract 

35391 being described by metes and bounds as follows : Beginning at 

35392 a point in the western boundary of the State of Missouri, three 

35393 miles south of where said boundary crosses the mouth of Kansas 
35391 Biver; thenee continuing south andcoincidingwithsaid boundary 

35395 for twenty-five miles : thence due west one hundred and twenty 

35396 miles : thence due north, until said line shall intersect the southern 

35397 boundary of the Kansas reservation : thence due east, coinciding 

35398 with the southern boundary of said reservation, to the ter- 

35399 mination thereof : thence due north, coinciding with the eastern 

35100 boundary of said reservation, to the southern shore of the Kansas 

35101 Biver : thence along said southern shore of said river, to where 

35102 a line from the place of beginning drawn due west shall intersect 

35103 the same " — estimated to contain sixteen hundred thousand acres. 
35101 more or less. 

35105 Aeticle 2. The United States hereby cede to the Shawnee 
100 I T 



794 



35400 Indians two hundred thousand acres of land, to be selected 

35407 between the Missouri State line, and a line parallel thereto, and 

35408 west of the same, thirty miles distant; which parallel line shall 
35109 be drawn from the Kansas Biver to the southern boundary-line 

35410 of the country herein ceded : Provided, lioivever, That the few 

35411 families of Shawnees who now reside oiv their own improve- 

35412 merits in the ceded country west of said parallel line, may, if 

35413 they desire to remain, select there the same quantity of land for 

35414 each individual of such family, which is hereinafter provided 

35415 for those Shawnees residing east of said parallel line — the said 

35416 selection, in every case, being so made as to include the present 

35417 improvement of each family or individual. Of the lands lying 

35418 east of the parallel line aforesaid, there shall first be set apart to 

35419 the Missionary Society of the Methodist Episcopal Church 

35420 South, to include the improvements of the Indian manual-labor 

35421 school, three sections of land ; to the Friends' Shawnee labor- 

35422 school, including the improvements there, three hundred and 

35423 twenty acres of land ; and to the American Baptist Missionary 

35424 Union, to include the improvements where the superintendent 

35425 of their school now resides, one hundred and sixty acres of land ; 

35426 also five acres of land to the Shawnee Methodist Church, in- 

35427 eluding the meeting-house and graveyard; and two acres of 

35428 land to the Shawnee Baptist Church, including the meeting-' 

35429 house and graveyard. All the land selected, as herein provided, 

35430 west of said parallel line, and that set apart to the respective 

35431 societies for schools, and to the churches before named, shall be 

35432 considered as part of the two hundred thousand acres reserved 

35433 by the Shawnees. 

35434 All Shawnees residing east of said parallel line shall be en- 

35435 titled to, out of the residue of said two hundred thousand acres, 

35436 if a single person, two hundred acres, and if the head of a family, 

35437 a quantity equal to two hundred acres for each member of his 

35438 or her family — to include, in every case, the improvement 

35439 on which such person or family now resides; and if two or 

35440 more persons or families occupy the same improvement, or 

35441 occupy different improvements in such close proximity that 

35442 all of such persons or families cannot have the quantity of 

35443 land (to include their respective improvements) which they 

35444 are entitled to, and if in such cases the parties should be 

35445 unable to make an amicable arrangement among themselves, 

35446 the oldest occupant or settler shall have the right to 

35447 locate his tract so as to include said improvements, and the 

35448 others must make a selection elsewhere, adjoining some Shaw- 

35449 nee settlement ; and in every such case the person or family re- 

35450 taining the improvement shall pay those leaving it for the in- 

35451 terest of the latter therein — the value of the same to be fixed, 



795 



35452 when the parties cannot agree thereupon, by such tribunal, and 

35453 in such mode, as may be prescribed by the Shawnee council, 

35454 with the consent of the United States agent for that tribe. 

35455 The privilege of selecting lands under this provision shall 

35456 extend to every head of a family who, although not a Shawnee, 

35457 may have been legally married to a Shawnee, according to the 

35458 customs of that people, and adopted by them ; and to all minor 

35459 orphan children of Shawnees, and of persons who have been 

35460 adopted as Shawnees, who shall not have received their shares 

35461 with any family; and all incompetent persons shall have selec- 

35462 tions made for them adjacent, or as near as practicable, to 

35463 their friends or relatives, which selections shall be made by 

35464 some disinterested person or persons, appointed by the Shawnee 

35465 council, and approved by the United States agent. In the set- 

35466 tlement known as Black Bob's settlement, in which he has an 

35467 improvement whereon he resides; and in that known as Long 

35468 Tail's settlement, in which he has an improvement whereon he 

35469 resides, there are a number of Shawnees who desire to hold 

35470 their lands in common ; it is therefore agreed that all Shaw- 

35471 nees, including the persons adopted as aforesaid, and incompe- 

35472 tent persons, and minor orphan children, who reside in said set- 

35473 tlements respectively, and all who shall, within sixty clays after 

35474 the approval of the surveys hereinafter i>rovided for, signify to 

35475 the United States agent their election to join either of said com- 

35476 munities and reside with them, shall have a quantity of land 

35477 assigned and set off to them, in a compact body, at each of 

35478 the settlements aforesaid, equal to two hundred acres to every 

35479 individual in each of said communities. A census of the 

35480 Shawnees residing at each of these settlements, and of the 

35481 minor orphan children of their kindred, and of those electing to 

35482 reside in said communities, shall be taken by the United States 

35483 agent for the Shawnees, in order that a quantity of land equal 

35484 to two hundred acres for each person may be set off and allot- 

35485 ted them, to hold in common as aforesaid. After all the Shaw- 

35486 nees, and other persons herein provided for, shall have re- 

35487 ceived their shares of the two hundred thousand acres of land 

35488 reserved, it is anticipated that there will still be a residue ; 

35489 and as there are some Shawnees who have been for years sepa- 

35490 rated from the tribe, it is agreed that whatever surplus re- 

35491 mains, after provision is made for all present members of the 

35492 tribe, shall be set apart, in one body of land, in compact 

35493 form, under the direction of the President of the United States: 

35494 and all such Shawnees as return to and unite with the tribe, 

35495 within five years from, the proclamation of this instrument, 
, 35496 shall be entitled to the same quantity of lands out of said sur- 

35497 plus, and in the same manner, and subject to the same limita- 



796 



35498 tions and provisions, as are hereinbefore made for those now mem- 

35499 bers of the said tribe; and whatever portion of said surplus re- 

35500 mains unassigned, after the expiration of said five years, shall be 

35501 sold as hereinafter provided. The proceeds of all such sales 

35502 shall be retained in the Treasury of the United States until the 

35503 expiration of ten years from the proclamation of this instrument, 

35504 after which time, should said absent Shawnees not have returned 

35505 and united with the tribe, all the moneys then in the Treasury, 

35506 or that may thereafter be received therein, as proceeds of the 

35507 sales of such surplus land, shall be applied to, or invested for, 

35508 such beneficial or benevolent objects among the Shawnees as 

35509 the President of the United States, after consulting with the 

35510 Shawnee council, shall determine; and should any such absent 

35511 Shawnees return and unite with said tribe, after the expiration 

35512 of the period of rive years hereinbefore mentioned, and before 

35513 the expiration of the said period of ten years, the proper portion 

35514 of any of said residue of lands that then may remain unsold 

35515 shall be assigned to such persons ; and if all said lands have been 

35516 disposed of. an equitable payment in money shall be made to 

35517 them out of the proceeds of the said sales. The aforesaid 

35518 assignments and selections of lands in the tract lying between 

35519 the Missouri State-line and the said parallel line shall be made 

35520 within ninety days after the approval of the survey of said tract, 

35521 and if there be any individuals recognized as at present entitled 

35522 to lands therein, under the provisions of this article, who shall 

35523 not have selected, or had selected for them, within said ninety 

35524 days, their proper shares of land, the Shawnee council shall 

35525 select one or more disinterested persons, who shall, immediately 

35526 after the expiration of such ninety days, make selections of lands 

35527 for them, in the same manner and subject to the same restric- 

35528 tions as hereinbefore provided for minor orphan children not 

35529 members of a family, and for incompetent persons. And those 

35530 residing on improvements west of the said parallel line shall, 

35531 within sixty days after the approval of the survey of the lands 

35532 on which they live, make the selections of lands as and to the 

35533 amount they are hereinbefore authorized to do. It is agreed 

35534 that all the tracts of land in this article assigned, or provided 

35535 to be assigned or selected, shall be assigned and selected according 

35536 to the legal subdivisions of United States lands, and according 

35537 to the laws of the United States respecting the entry of public 

35538 lands, so far as said laws are applicable; and no portion of this 

35539 instrument shall be so construed as to nullify or impair this 

35540 stipulation. And the said Indians hereby cede, relinquish, and 

35541 convey to the United States all tracts or parcels of land which 

35542 may be sold, or are required to be sold, in pursuance of any 

35543 article of this instrument. 



797 



35544 Article 3. In consideration of the cession and sale herein 

35545 made, the United States agree to pay to the Shawnee people, 
3554G the sum of eight hundred and twenty-nine thousand dollars, in 

35547 manner as follows, viz : Forty thousand dollars 1o be invested 

35548 by the United States at a rate of interest not less than five per 

35549 centum per annum, which, as it accrues, is to be applied to the 

35550 purposes of education; that amount, with the addition of the 

35551 three thousand dollars of perpetual annuities provided by the 

35552 treaties of August third, one thousand seven hundred and ninety 

35553 five, and September twenty-ninth, one thousand eight hundred 

35554 and seventeen, and now hereby agreed to be likewise so applied, 

35555 together with the sum to be paid by the Missionary Society of 

35556 the Methodist Episcopal Church, South, as hereinafter provided, 

35557 being deemed by the Shawnees as sufficient;, for the present, for 

35558 such purposes ; seven hundred thousand dollars, to be paid in 

35559 seven equal annual instalments, during the month of October of 

35560 each year, commencing with the year one thousand eight hun- 

35561 dred and fifty-four; and the residue of eighty-nine thousand 

35562 dollars to be paid within the same month of the year, after the 

35563 termination of that period. 

35564 Article 4. Those of the Shawnees who may elect to live 

35565 in common shall hereafter be permitted, if they so desire, to 
SooQG make separate selections within the bounds of the tract which 

35567 may have been assigned to them in common ; and such selec- 

35568 tions shall be made in all respects in conformity with the rule 

35569 herein provided to govern those who shall, in the first instance, 

35570 make separate selections. 

35571 Article 5. The lands heretofore described lying between 

35572 the Missouri State-line and the parallel line thirty miles west of 

35573 it, as soon after the ratification of this instrument as can con- 

35574 veniently be done, shall -be surveyed, in the same manner as the 

35575 public lands of the United States are surveyed, the expenses 

35576 thereof to be borne by the Shawnees and the United States in 

35577 due proportion ; and no white persons or citizens shall be permit- 

35578 ted to make locations or settlements within said limits until 

35579 after all the lands shall have been surveyed, and the Shawnees 

35580 shall have made their selections and locations, and the Presi- 

35581 dent shall have set apart the surplus. 

35582 Article 6. The grants of land above made to missionary 

35583 societies and churches shall be subject to these conditions : The 

35584 grant to the Missionary Society of the Methodist Episcopal 

35585 Church, South, at the Indian manual-labor school, shall be 

35586 confirmed to said society, or to such person or persons as 

35587 may be designated by it, by patent from the President of the 

35588 United States, upon the allowance to the Shawnees, by said 

35589 society, of ten thousand dollars, to be applied to the education 



798 



35590 of their youth ; which it has agreed to make. The grants for 

35591 the schools established by the Baptists and Friends shall be 

35592 held by their respective boards of missions, so long as those 

35593 schools shall be kept by them • when no louger used for such 

35594 purpose by said boards, the lands, with the improvements, 

35595 shall, under the direction of the President, bo sold at public 

35596 sale to the highest bidder, upon such terms as he may prescribe, 

35597 the proceeds to be applied by the Shawnees to such general 

35598 beneficial and charitable purposes as they may wish : Provided, 

35599 That the improvements shall be valued, and the valuation de- 

35600 ducted from the proceeds of sale, and returned to said boards 

35601 respectively. 

35602 Article 7. Inasmuch as Joseph Parks and Black Hoof, 

35603 who have in times past rendered important services to the 

35604 Shawnee Nation, would not, by reason of the small number of per- 

35605 sons m their families, be entitled under the provisions of Article 

35606 2 to a quantity of land equal to that which will be generally 

35607 received by the other members of the tribe, it is agreed, at the 

35608 request of the Shawnees, that Joseph Parks, in lieu of the land 

35609 which he would have a right to select under the provisions of 

35610 Article 2, shall have a quantity of land equal to two sections, or 

35611 twelve hundred and eighty acres, to include his present residence 

35612 and improvement ; and Black Hoof, in lieu of that which he 

35613 would have a right to select as aforesaid, shall have a quantity 

35614 of land equal to one section, or six hundred and forty acres, 

35615 to include his present residence and improvement; and they 

35616 shall make selection of the land hereby granted them in the same 

35617 manner and subject to the same limitations as are prescribed in 

35618 Article 2, for such as shall make separate selections, in severalty, 

35619 under the provisions thereof. 

35620 Article 8. Such of the Shawnees as are competent to man- 

35621 age their affairs shall receive their portions of the aforementioned 

35622 annual instalments in money. But the portions of such as shall 

35623 be found incompetent to manage their affairs, whether from 

35624 drunkenness, depravity, or other cause, shall be disposed of by 

35625 the President in that manner deemed by him best calculated to 

35626 promote their interests and the comfort of their families, the 

35627 Shawnee council being first consulted with respect to such per- 

35628 sons, whom it is expected they will designate to their agent. 

35629 The portions of orphan children shall be appropriated by the 

35630 President in the manner deemed by him best for their interests. 

35631 Article 9. Congress may hereafter provide for the issuing, 

35632 to such of the Shawnees as may make separate selections, 

35633 patents for the same, with such guards and restrictions as may 

35634 seem advisable for their protection therein. 

35635 Article 10. No portion of the money stipulated by this 



709 



35636 instrument to be paid to the Shawnees shall be taken by the 

35637 Government of the United States, by its agent or otherwise, to 

35638 pay debts contracted by the Shawnees, as private individuals, 

35639 nor any part thereof for the payment of national debts or obli- 

35640 gations contracted by the Shawnee chiefs or council : Provided, 

35641 That this article shall not be construed to prohibit the council 

35642 from setting apart a portion of any annual payment, for purposes 

35643 strictly national in their character, and for the payment of na- 

35644 tional or tribal debts, first to be approved by the President. 

35645 Article 11. It being represented that many of the Shaw- 

35646 nees have sustained damage in the loss and destruction of their 

35647 crops, stock, and other property, and otherwise, by reason of the 

35648 great emigration which has for several years passed through their 

35649 country, and of other causes, in violation, as they allege, of 

35650 guaranties made for their protection by the United States, it is 

35651 agreed that there shall be paid in consideration thereof, to the 

35652 Shawnees. the sum of twenty-seven thousand dollars, which 

35653 shall be taken and considered in full satisfaction not only of such 

35654 claim but of all others of what kind soever, and in release of all 

35655 demands and stipulations arising under former treaties, with the 

35656 exception of the perpetual annuities, amounting to three thou- 

35657 sand dollars, hereinbefore named, and which are set apart and 

35658 appropriated in the third article hereof. All Shawnees who 

35659 have sustained damage by the emigration of citizens of the 

35660 United States, or by other acts of such citizens, shall, within six 

35661 months after the ratification of this treaty, file their claims for 

35662 such damages with the Shawnee agent, to be submitted by him 

35663 to the Shawnee council for their action and decision, and the 
35664: amount in each case approved shall be paid by said agent : 

35665 Provided, The whole amount of claims thus approved shall not 

35666 exceed the said sum stipulated for in this article : And provided, 

35667 That if such amount shall exceed that sum then a reduction shall 

35668 be made, pro rata, from each claim until the aggregate is low- 

35669 ered to that amount. If less than that amount be adjudged to 

35670 be due. the residue, it is agreed, shall be appropriated as the 

35671 council shall direct. 

35672 Article 12. If, from causes not now foreseen, this instru- 

35673 ment should prove insufficient for the advancement and protec- 

35674 tion of the welfare and interests of the Shawnees, Congress may 

35675 hereafter by law make such further provision, not inconsistent 

35676 herewith, as experience may prove to be necessary to promote 

35677 the interests, peace, and happiness of the Shawnee people. 

35678 Article 13. It is agreed that all roads and highways laid 

35679 out by authority of law shall have a right of way through any 

35680 of the reserved, assigned, and selected lands on the same terms 

35681 that the law provides for their location through the lands of cit- 



800 



35682 
35683 
35684 
35685 
35686 
356S7 
35688 
35689 
35690 
35691 
35692 
35693 
35694 
35695 
35696 
35697 
35698 
35699 
35700 
35701 



izens of tlie United States ; and railroad companies, when the 
lines of their roads necessarily pass through any of said lands, 
shall have the right of way on payment of a just compensation 
therefor in money. 

Article 14. The Shawnees acknowledge their dependence 
7 on the Government of the United States, and invoke its protec- 
tion and care. They will abstain from the commission of depre- 
dations, and comply, as far as they are able, with the laws in such 
cases made and provided, as they will expect to be protected and 
to have their rights vindicated. 

Article 15. The Shawnees agree to suppress the use of 
ardent spirits among their people, and to resist, by all prudent 
means, its introduction into their settlements. 

Article 16. The United States reserve, at the site of the 
agency-house in the Shawnee country, including the improve- 
ments, one hundred and sixty acres of land. 

Article 17. The foregoing instrument shall be obligatory 
on the contracting parties as soon as the same shall be ratified 
bv the President and the Senate of the United States. 



Proclaimed November 2, 1851. 



35702 



S'KLALLAMS. 



35703 Treaty between the United States of America and the S'Klallams 

35701 Indians, concluded at Point no Point, Washington Territory \ 

35705 January 26, 1855 ; ratified by the Senate March 8, 1859. 

35706 James Buchanan, President of the United States of America, 

35707 to all and singular to whom these presents shall come, 

35708 greeting : 

35709 Whereas a treaty was made and concluded at Hahd Skns, 

35710 or Point no Point, in "Washington Territory, on the twenty-sixth 

35711 day of January, eighteen hundred and fifty-five, between Isaac 

35712 I. Stevens, governor and superintendent of Indian affairs for 

35713 the said Territory, on the part of the United States, and the 

35714 hereinafter-named chiefs, head-men, and delegates of the 

35715 different villages of the STOallams Indians, viz : The Kah-tai, 

35716 Squah-quaihtl, Tch-queen, Ste-tehtlum, Tsohkw, Tenuis, El- 

35717 hwa, Pishtst, Hunnint, Klat-la-wash, and Oke-no, and also of the 

35718 Sko-ko-nish, Too-an-hooch, and Chem-a-kum tribes occupying 

35719 certain lands on the Straits of Fuca and Hood's Canal, in the 

35720 Territory of Washington, on behalf of said tribes, and duly 

35721 authorized by them j which treaty is in the words and figures 

35722 following, to wit : 



801 



3o723 Articles of agreement and convention made and concluded at 

35724 Hahdskus, or Point no Point, Suquamish Head, in the Ter- 

35725 ritory of Washington, this twenty-sixth day of January, 

35726 eighteen hundred and fifty-five, by Isaac L Stevens, gov- 

35727 ernor and superintendent of Indian affairs for the said Ter- 

35728 ritory, on the part of the United States, and the under- 

35729 signed chiefs, head-men, and delegates of the different vil- 

35730 lages of the S'Klallams, viz: Kah-tai, Squah-quaihtl, Tch- 

35731 queen, Ste-tehtlum, Tsohkw, Yennis, Elh-wa, Pishtst, Hun- 

35732 nint, Klat-la-wash, and Oke-ho, and also of the Sko-ko-mish, 

35733 To-an-hooch, and Chem-a-kum tribes, occupying certain 

35734 lands on the Straits of Fuca and Hood's Canal, in the Terri- 

35735 tory of Washington, on behalf of said tribes, and duly au- 

35736 thorized by them. 

35737 Article 1. The said tribes and bands of Indians hereby 

35738 cede, relinquish, and convey to the United States all their right, 

35739 title, and interest in and to the lands and country occupied by 

35740 them, bounded and described as follows, viz : Commencing at 

35741 the mouth of the Okeho River, on the Straits of Fucha; thence 

35742 southeastwardly along the westerly line of territory claimed by 

35743 the Makah tribe of Indians to the summit of the Cascade Eange ; 

35744 thence still southeastwardly and southerly along said summit to 

35745 the head of the west branch of the Satsop River, down that 

35746 branch to the main fork 5 thence eastwardly and following the 

35747 line of lands heretofore ceded to the the United States by the 

35748 Xisqually and other tribes and bands of Indians, to the summit 

35749 of the Black Hills, and northeastwardly to the portage known 

35750 as Wilkes' Portage ; thence norteastwardly, and following the 

35751 line of lands heretofore ceded to the United States by the 

35752 Dwamish 7 Suquamish, and other tribes and bands of Indians, to 

35753 Suquamish Head; thence northerly through Admiralty Inlet to 

35754 the Straits of Fuca ; thence westwardly through said straits to 

35755 the place of beginning, including all the right, title, and interest 

35756 of the said tribes and bands to any land in the Territory of 

35757 Washington. 

35758 Article 2. There is, however, reserved for the present use 
30759 and occupation of the said tribes and bands the following tract 

35760 of land, viz : The amount of six sections, or three thousand eight 

35761 hundred and forty acres, situated at the head of Hood's Canal. 

35762 to be hereafter set apart, and, so far as necessary, surveyed and 

35763 marked out for their exclusive use ; nor shall any white man be 

35764 permitted to reside upon the same without permission of the 

35765 said tribes and bands, and of the superintendent or agent ; but, 

35766 if necessary for the public convenience, roads may be run 
30767 through the said reservation, the Indians being compensated for 
35768 any damage thereby done them. It is, however, understood 

101 I T 



802 



35769 that should the President of the United States hereafter see fit 

35770 to place upon the said reservation any other friendly tribe or 

35771 band to occupy the same in common with those above mentioned, 

35772 he shall be at liberty to do so. 

35773 Article 3. The said tribes and bands agree to remove to 

35774 and settle upon the said reservation within one year after the 

35775 ratification of this treaty, or sooner if the means are furnished 

35776 them. In the mean time it shall be lawful for them to reside 

35777 upon any lands not iu the actual claim or occupation of citizens 

35778 of the United States, and upon any land claimed or occupied, if 

35779 with the permission of the owner. 

357S0 Article 1. The right of taking fish at usual and accustomed 

35781 grounds and stations is further secured to said Indians, in com- 

35782 mon with all citizens of the United States, and of erecting tem- 

35783 porary houses for the purpose of curing, together with the priv- 
35781 ilege of hunting and gathering roots and berries on open and 

35785 unclaimed lands : Provided, however, That they shall not take 

35786 shell-fish from any beds staked or cultivated by citizens. 

35787 Article 5. In consideration of the above cession the United 

35788 States agree to pay to the said tribes and bands the sum of sixty 

35789 thousand dollars, in the following manner, that is to say : during 

35790 the first year after the ratification hereof, six thousand dollars ; 

35791 for the next two years, five thousand dollars each year; for the 

35792 next three years, four thousand dollars each year; for the next 

35793 four years, three thousand dollars each year ; for the next five 
35791 years, two thousand four hundred dollars each year ; and for the 

35795 next five years, one thousand six hundred dollars each year. All 

35796 which said sums of money shall be applied to the use and benefit 

35797 of the said Indians, under the direction of the President of the 

35798 United States, who may from time to time determine at his dis- 

35799 cretion upon what beneficial objects to expend the same. And 

35800 the superintendent of Indian affairs, or other proper officer, shall 

35801 each year inform the President of the wishes of said Indians in 

35802 respect thereto. 

35803 Article 6. To enable the said Indians to remove to and 
35801 settle upon their aforesaid reservations, and to clear, fence, and 

35805 break up a sufficient quantity of land for cultivation, the United 

35806 States further agree to pay the sum of six thousand dollars, to 

35807 be laid out and expended under the direction of the President, 
85808 and in such manner as he shall approve. 

35809 Article 7. The President may hereafter, when in his opiu- 

35810 ion the interests of the Territory shall require, and the welfare of 

35811 said Indians be promoted, remove them from said reservation to 

35812 such other suitable place or places within said Territory as he 

35813 may deem fit, on remunerating them for their improvements and 
35811 the expenses of their removal, or may consolidate them with 



803 



35815 other friendly tribes or bands. And he may further, at his dis- 

35816 cretion, cause the whole or any portion of the lands hereby re- 

35817 served, or of such other lands as may be selected in lieu thereof, 

35818 to be surveyed into lots, and assign the same to such individuals 

35819 or families as are willing to avail themselves of the privilege and 

35820 will locate thereon as a permanent home, on the same terms and 

35821 subject to the same regulations as are provided in the sixth ar- 

35822 tide of the treaty with the Omahas, so far as the same may be 

35823 applicable. Any substantial improvements heretofore made by 

35824 auy Indian, and which he shall be compelled to abandon in con- 

35825 sequence of this treaty, shall be valued under the direction of 

35826 the President, and payment made therefor accordingly. 

35827 Article 8. The annuities of the aforesaid tribes and bands 

35828 shall not be taken to pay the debts of individuals. 

35829 Article 9. The said tribes and bands acknowledge their 

35830 dependence on the Government of the United States, and 

35831 promise to be friendly with all citizens thereof; and they pledge 

35832 themselves to commit no depredations on the property of such 

35833 citizens. And should any one or more of them violate this pledge, 

35834 and the fact be satisfactorily proven before the agent, the prop- 

35835 erty taken shall be returned, or in default thereof, or if injured 

35836 or destroyed, compensation may be made by the Government 

35837 out of their annuities. Nor will they make war on any other 

35838 tribe, except in self-defence, but will submit all matters of dif- 

35839 ference between them and other Indians to the Government of 

35840 the United States, or its agent, for decision, and abide thereby. 

35841 And if any of the said Indians commit any depredations on any 

35842 other Indians within the Territory, the same rule shall prevail 

35843 as that prescribed in this article in cases of depredations against 

35844 citizens. And the said tribes agree not to shelter or conceal 

35845 offenders against the United States, but to deliver them up for 

35846 trial by the authorities. 

35847 Article 10. The above tribes and bands are desirous to 

35848 exclude from their reservation the use of ardent spirits, and to 

35849 prevent their people from drinking the same, and therefore it is 

35850 provided that any Indian belonging thereto who shall be guilty 

35851 of bringing liquor into said reservation, or who drinks liquor, 

35852 may have his or her proportion of the annuities withheld from 

35853 him or her for such time as the President may determine. 

35854 Article 11. The United States further agree to establish 

35855 at the general agency for the district of Pu get's Sound, withiu 

35856 one year from the ratification hereof, and to support for the 

35857 period of twenty years, an agricultural and industrial school, to 

35858 be free to children of the said tribes and bands in common with 

35859 those of the other tribes of said district, and to provide a smithy 

35860 and carpenter's shop, and furnish them with the necessary tools, 



804 



35861 and employ a blacksmith, carpenter, and farmer for the term ot 

35862 twenty years, to instruct the Indians in their respective occupa- 

35863 tious. And the United States farther agree to employ a physi- 

35864 cian to reside at the said central agency, who shall furnish, med- 

35865 iciue and advice to the sick, and shall vaccinate them ; the ex- 

35866 penses of the said school, shops, persons employed, and medical 

35867 attendance to be defrayed by the United States, and not de- 

35868 ducted from the annuities. 

35869 Article 12. The said tribes and bands agree to free all 

35870 slaves now held by them, and not to purchase or acquire others 

35871 hereafter. 

35872 Article 13. The said tribes and bands finally agree not to 

35873 trade at Vancouver's Island, or elsewhere out of the dominions 

35874 of the United States, nor shall foreign Indians be permitted to 

35875 reside in their reservations without consent of the superintendent 

35876 or agent. 

35877 Article 14. This treaty shall be obligatory on the con- 

35878 tracting parties as soon as the same shall be ratified by thePresi- 

35879 dent of the United States. 

35880 Proclaimed April 29, 1859. 



35881 SNAKES. 

35882 Treaty between the United States of America and the Woll-pah-pe 

35883 tribe of Snake Indians, concluded August 12, 1865 ; ratifica- 
35881 lion advised July 5, 1866. 

35885 Andrew Johnson, President of the United States of America, 

35886 to all and singular to whom these presents shall come, 

35887 greeting: 

35888 Whereas a treaty was made and concluded at Sprague River 

35889 Valley, on the twelfth day of August, in the year of our Lord 

35890 one thousand eight hundred and sixty-five, by and between J. 

35891 W. Perit Huntington, commissioner on the part of the United 

35892 States, and Pah-ni ne, Hau-ni-noo-ey, and other chiefs and head- 

35893 men, on the part of the Woll-pah-pe tribe of Snake Indians, 

35894 and duly authorized thereto by them, which treaty is in the 

35895 words and figures following, to wit: 

35896 Articles of agreement and convention made and concluded at 

35897 Sprague River Valley, on this twelfth day of August, in the 

35898 year one thousand eight hundred and sixty-five, by J. W. 

35899 Perit Huntington, superintendent of Indian affairs in Ore- 

35900 gon, on the part of the United States, and the undersigned 

35901 chiefs and head-men of the Woll-pah-pe tribe of Snake In 



805 



35902 dians, acting in behalf of said tribe, being duly authorized 

35903 so to do. 

35904 Article 1. Peace is declared henceforth between the Uni- 

35905 ted States and the Woll-pali-pe tribe of Snake Indians, and also 

35906 between said tribe and all other tribes in amity with the United 

35907 States. All prisoners and slaves held by the Woll-pah-pe tribe, 

35908 whether the same are white persons or members of Indian tribes 

35909 in amity with the United States, shall be released ; and all per- 

35910 sons belonging to the said Woll-pah-pe tribe now held as pris- 

35911 oners by whites, or as slaves by other Indian tribes, shall be 

35912 given up. 

35913 Article 2. The said tribe hereby cedes and relinquishes 

35914 to the United States all their right, title, and interest to the 

35915 country occupied by them, described as follows, to wit : Begin- 

35916 ning at the Snow Peak in the summit of the Blue Mountain 

35917 range, near the heads of the Grande Bonde Biver and the north 

35918 fork of John Day's Biver ; thence down said north fork of John 

35919 Day's Biver to its junction with the south fork ; thence due 

35920 south to Crooked Biver ; thence up Crooked Biver and the south 

35921 fork thereof to its source ; thence southeasterly to Harney Lake ; 

35922 thence northerly to the heads of Malheur and Burnt Bivers ; 

35923 thence continuing northerly to the place of beginning. 

35924 Article 3. The said tribe agree to remove forthwith to the 

35925 reservation designated by the treaty concluded on the 15th of 

35926 October, 1864, with the Klamath, Moadoc, and Yahooskiu Snake 

35927 Indians, there to remain under the authority and protection of 

35928 such Indian agent or other officer as the Government of the 

35929 United States may assign to such duty, and no menber of said 

35930 tribe shall leave said reservation for any purpose without the 

35931 written consent of the agent or superintendent having jurisdic- 

35932 tion over said tribe. 

35933 Article 4. The said Woll-pah-pe tribe promise to be friendly 

35934 with the people of the United States, to submit to the authority 

35935 thereof, and to commit no depredations upon the persons or 

35936 property of citizens thereof or of other Indian tribes ; and 

35937 should any member of said tribe commit any such depredations, 

35938 he shall be delivered up to the agent for punishment, and the 

35939 property restored. If after clue notice the tribe neglect or refuse 

35940 to make restitution, or the property is injured or destroyed, 

35941 compensation may be made by the Government out of the aunui- 

35942 ties hereinafter provided. In case of any depredation being 

35943 committed upon the person or property of any member of the 

35944 aforesaid Woll-pah-pe tribe, it is stipulated that no attempt at 

35945 revenge, retaliation, or reclamation shall be made by said tribe; 

35946 but the case shall be reported to the agent or superintendent in 

35947 charge, and the United States guarantee that such depredation 



806 



35948 shall be punished in the same manner as if committed against 

35949 white persons, and that the property shall be restored to the 

35950 owner. 

35951 Article 5. The said tribe promise to endeavor to induce 

35952 the Hoo-ne-boo-ey and Wa-tat-kak tribes of Snake Indians to 

35953 cease hostilities against the whites ; and they also agree that 

35954 they will, in no case, sell any arms or ammunition to them nor 

35955 to any other tribe hostile to the United States. 

35956 Article 6. The United States agree to expend, for the use 

35957 and benefit of said tribe, the sum of five thousand dollars to 

35958 enable the Indians to fence, break up, and cultivate a sufficient 

35959 quantity of land for their use ; to supply them with seeds, farm- 

35960 ing-implements, domestic animals, and such subsistence as may 

35961 be necessary during the first year of their residence upon the 

35962 reservation. 

35963 Article 7. The United States also agree to expend, for the 
35961 use and benefit of said tribe, the sum of two thousand dollars 

35965 per annum for five years next succeeding the ratification of this 

35966 treaty, and twelve hundred dollars per annum for the next ten 

35967 years following, the same to be expended under the direction of 

35968 the President of the United States for such objects as, in his 

35969 judgment, will be beneficial to the Indians, and advance them 

35970 in morals and knowledge of civilization. 

35971 Article 8. The said tribe, after their removal to the reser- 

35972 vation, are to have the benefit of the services of the physician, 

35973 mechanics, farmers, teachers, and other employes provided for 
35971 in the treaty of the 15th October, 1861, in common with the 

35975 Klamaths, Moadocs, and Yahooskiu Snakes, and are also to 

35976 have the use of the mills and school -houses provided for in said 

35977 treaty, so far as may be necessary to them, and not to the dis- 

35978 advantage of the other tribes ; and, in addition, an interpreter 

35979 who understands the Snake language shall be provided by the 

35980 Government. Whenever, in the judgment of the President, the 

35981 proper time shall have arrived for an allotment of land in sever- 

35982 alty to the Indians upon the said reservation, a suitable tract 

35983 shall be set apart for each family of the said Woll-pah pe tribe, 
35981 and peaceable possession of the same is guaranteed to them. 

35985 Article 9. The tribe are desirous of preventing the use of 

35986 ardent spirits among themselves, and it is therefore provided 

35987 that any Indian who brings liquor on to the reservation, or who 

35988 has it in his possession, may, in addition to the penalties affixed 

35989 by law, have his or her proportion of the annuities withheld for 

35990 such time as the President may determine. 

35991 Article 10. This treaty shall be obligatory upon the con- 

35992 trading parties as soon as the same shall be ratified by the 

35993 Senate of the United States. 

35994 Proclaimed July 10, 1866. 



807 



35995 Treaty with the Seminoles. 

35996 The Seminole Indians regarding, with just respect, the so- 
36997 lieitude manifested by the President of the United States for 

35998 the improvement of their condition, by recommending a remo- 

35999 val to a country more suitable to their habits and wants than 
3G000 the one they at present occupy in the Territory of Florida, are 
3G001 willing that their confidential chiefs, Jumper, Fuck-a-lus-ti-had- 

36002 jo, Charley Emartla, Coi-had jo, Holati-Emartla, Ya-ha-hadjo, 

36003 Sam Jones, accompanied by their agent, Major Phagan, and 

36004 their faithful interpreter, Abraham, shouldbe sent at the expense 

36005 of the United States, as early as convenient, to examine the 

36006 country assigned to the Creeks west of the Mississippi Eiver ; 

36007 and should they be satisfied with the character of that country, 

36008 and of the favorable disposition of the Creeks to reunite with 

36009 the Seminoles as one people, the articles of the compact and 

360 10 agreement, herein stipulated at Payne's Landing on the Ockle- 

36011 waha River, this ninth day of May, one thousand eight hundred 

36012 and thirty-two, between James Gadsden, for and in behalf of 

36013 the Government of the United States, and the undersigned 

36014 chiefs and head men, for and in behalf of the Seminole Indians, 

36015 shall be binding on the respective parties. 

36016 Article 1. The Seminole Indians reliuquish to the United 

36017 States all claim to the lands they at present occupy in the Ter- 

36018 ritory of Florida, and agree to emigrate to the country assigned 

36019 to the Creeks west of the Mississippi River, it being nnder- 

36020 stood that an additional extent of territory, proportioned to 

36021 their numbers, will be added to the Creek country, and that the 

36022 Seminoles will be received as a constituent part of the Creek 

36023 Nation, and be re-admitted to all the priviledges as members of 

36024 the same. 

36025 Article 2. For and in consideration of the relinquish - 

36026 ment of claim in the first article of this agreement, and in full 

36027 compensation for all the improvements which may have been 

36028 made on the lands thereby ceded, the United States stipulate 

36029 to pay to the Seminole Indians, fifteen thousand four hundred 

36030 (15,400) dollars, to be divided among the chiefs and warriors of 

36031 the several towns in a ratio proportioned to their population, 

36032 the respective proportions of each to be paid on their arrival in 

36033 the country they consent to remove to; it being understood 

36034 that their fathful interpreters, Abraham and Cudjo, shall receive 

36035 two hundred dollars each of the above sum, in full remunera- 
36038 tion for the improvements to be abandoned on the lands now 

36037 cultivated by them. 

36038 Article 3. The United States agree to distribute, as they 

36039 arrive at their new homes in the Creek territory west of the 
38040 Mississippi River, a blanket and a homespun frock to each ot 



808 



36041 the warriors, women, and children of the Seminole tribe of 

36042 Indians. 

36043 Article 4. The United States agree to extend the annuity 

36044 for the support of a blacksmith, provided for in the sixth article 

36045 of the treaty at Camp Moultrie, (proclaimed 2d January, 1824 • 

36046 see page 391,) for ten (10) years beyond the period therein 

36047 stipulated; and, in addition to the other annuities secured 

36048 under that treaty, the United States agree to pay the sum of 

36049 three thousand (3,000) dollars a year for fifteen (15) years, com- 

36050 mencing after the removal of the whole tribe; these sums to 

36051 be added to the Creek annuities, and the whole amount to be so 

36052 divided that the chiefs and warriors of the Seminole Indians 

36053 may receive their equitable proportion of the same as members 

36054 of the Creek confederation — 

36055 Article 5. The United States will take the cattle belong- 

36056 iug to the Seminoles at the valuation of some discreet person, to 

36057 be appointed by the President, and the same shall be paid for in 

36058 money to the respective owners, after their arrival at their new 

36059 homes ; or other cattle, such as may be desired, will be furnished 

36060 them, notice being given through their agent of their wishes 

36061 upon this subject before their removal, that time may be afford- 

36062 ed to supply the demand. 

36063 Article 6. The Seminoles, being anxious to be relieved 

36064 from repeated vexatious demands for slaves and other property, 

36065 alleged to have been stolen and destroyed by them, so that they 

36066 may remove unembarrassed to their new homes, the United 

36067 States stipulate to have the same property investigated, and to 

36068 liquidate such as may be satisfactorily established, provided the 

36069 amount does not exceed seven thousand (7,000) dollars. 

36070 Article 7. The Seminole Indians will remove within three 

36071 (3) years after the ratification of this agreement, and the ex- 

36072 penses of their removal shall be defrayed by the United States, 

36073 and such subsistence shall also be furnished them, for a term not 

36074 exceeding twelve (12) months after their arrival at their new 

36075 residence, as in the opinion of the President their numbers and 

36076 circumstances may require, the emigration to commence as 

36077 early as practicable in the year eighteen hundred and thirty- 

36078 three, (1833,) and with those Indians at present occupying the 

36079 Big Swamp, and other parts of the country beyond the limits as 

36080 defined in the second article of the treaty concluded at Camp 

36081 Moultrie Creek, so that the whole of that proportion of the Semi- 

36082 noles may be removed within the year aforesaid, and the re- 

36083 mainder of the tribe in about equal proportions during the sub* 

36084 sequent years of eighteen hundred and thirty-four and five, 

36085 (1834 and 1835.) 

36086 Proclaimed April 12, 1834, 



809 



36087 Treaty with the Seminole Indians. 

38088 Whereas the Seminole [ndians of Florida entered into cer- 

3G0S9 tain articles of agreement with James Gadson, [Gadsden,] com- 

3G090 missioner on behalf of the United States, at Payne's Landing, 

30091 on the 9th day of May, 1832, (preceding treaty,) the first article 

36092 of which treaty or agreement provides as follows : " The Semi- 

36093 nole Indians relinquish to the United States all claim to the 
36091 land they at present occupy in the Territory of Florida, and 

36095 agree to emigrate to the country assigned to the Creeks west of 

36096 the Mississippi Biver; it being understood that an additional 

36097 extent of territory portioned to their number will be added to 

36098 the Creek country, and that the Seminoles will be received as a 

36099 constituent part of the Creek Nation, and be re-admitted to all 

36100 the privileges as members of the same and 

36101 Whereas the said agreement stipulates and provides that a 

36102 delegation of Seminoles should be sent, at the expense of the 

36103 United States, to examine the country to be allotted them among 
36101 the Creeks, and should this delegation be satisfied with the 

36105 character of the country and of the favorable disposition of the 

36106 Creeks to unite with them as one people, then the aforemen- 

36107 tioned treaty would be considered binding and obligatory upon 

36108 the parties ; and 

36109 Whereas a treaty was made between the United States and 

36110 the Creek Indians west of the Mississippi, at Fort Gibson, on 

36111 the 11th day of February, 1833, by which a country was provided 

36112 for the Seminoles in pursuance of the existing arrangements be- 

36113 tween the United States and that tribe ; and 

36111 Whereas the special delegation appointed by the Seminoles 

36115 ou the 9th day of May, 1832, have since examined the land desig- 

36116 nated for them by the undersigned commissioners on behalf of 

36117 the United States, and have expressed themselves satisfied with 

36118 the same in and by their letter dated March, 1833, addressed to 

36119 the undersigned commissioners : 

36120 Now, therefore, the commissioners aforesaid, by virtue of 

36121 the power and authority vested in them by the treaty made with 

36122 Creek Indians on the 14th of February, 1833, as abave stated, 

36123 hereby designate and assign to the Seminole tribe of Indians, 
36121 for their separate future residence, forever, a tract of country 

36125 lying between the Canadian Eiver and the north fork thereof, 

36126 and extending west to where a line running north and south be- 

36127 tween the main Canadian and north branch will strike the forks 

36128 of Little River, provided said west line does not extend more 

36129 than twenty-five miles west from the mouth of said Little Biver. 

36130 And the undersigned Seminole chiefs, delegated as aforesaid, 

36131 on behalf of their nation hereby declare themselves well satisfied 

102 i T 



810 



36132 with the location provided for them by the commissioners, and 

36133 agree that their nation shall commence the removal to their new 
36131 home as soon as the Government will make arrangements for 

36135 their emigration satisfactory to the Seminole Nation. 

36136 And whereas the said Seminoles have expressed high con- 

36137 fidence in the friendship and ability of their present agent, Major 

36138 Phagen, and desire that he may be permitted to remove them to 

36139 their new homes west of the Mississippi, the commissioners have 

36140 considered their request, and cheerfully recommend Major Pha 

36141 gen as a suitable person to be employed to remove the Seminoles 

36142 as aforesaid, and trust his appointment will be made, not only 

36143 to gratify the wishes of the Indians, but as conducive to the pub- 

36144 lie welfare, 

36145 Proclaimed April 12, 1834. 



36146 Treaty betioeen the United States of America and the Seminole 

36147 Nation of Indians, concluded March 21, 1866 5 ratification 

36148 advised July 19, 1866. 

36149 Andrew Johnson, President of the United States of America, 

36150 to all and singular to whom these presents shall come, greet- 

36151 ing: 

36152 Whereas a treaty was made and concluded at the city of 

36153 Washington, in the District of Columbia, on the twenty-first day 

36154 of March, in the year of our Lord one thousand eight hundred 

36155 and sixty-six, by and between Dennis N. Cooley, Elijah Sells, 

36156 and Col. Ely S. Parker, commissioners on the part of the United 

36157 States, and John Chup co, Cho-cote-harjo, Fos-harjo, and John 

36158 F. Brown, chiefs and delegates of the Seminole Indians, on the 

36159 part of said Indians, and duly authorized thereto by them, which 

36160 treaty is in the words and figures following, to wit : 

36161 Articles of a treaty made and concluded at Washigton, D. C, 

36162 March 21, A. D. 1866, between the United States Govern- 

36163 ment, by its commissioners, D. N. Cooley, Commissioner of 

36164 Indian Affairs, Elijah Sells, superintendent of Indian affairs, 

36165 and Ely S. Parker, and the Seminole Indians, by their chiefs, 

36166 John Chup-co, or Long John, Cho-cote-harjo, Fos-ha[r]-jo, 

36167 John F. Brown. 

36168 Whereas existing treaties between the United States and 

36169 the Seminole Nation are insufficient to meet their mutual neces- 

36170 sities; and 

36171 Whereas the Seminole Nation made a treaty with the so- 

36172 called Confederate States, August 1st, 1861, whereby they threw 

36173 off their allegiance to the United States, and unsettled their 

36174 treaty relations with the United States, and thereby incurred 



811 



36175 the liability of forfeiture of all lands and other property held by 

36176 grant or gift of the United States ; and 

36177 Whereas a treaty of peace and amity was entered into be- 

36178 tween the United States and the Seminole and other tribes at 

36179 Fort Smith, September 10, 1865, whereby the Seminoles revoked, 

36180 cancelled, and repudiated the said treaty with tbe so-called 

36181 Confederate States ; and 

36182 Whereas the United States, through its commissioners, in 

36183 said treaty of peace promised to enter into treaty with the Semi- 

36184 nole Nation to arrange and settle all questions relating to and 

36185 growing out of said treaty with the so called Confederate States ; 

36186 and 

36187 Whereas the United States, in view of said treaty of the 

36188 Seminole Nation with the enemies of the Government of the 

36189 United States, and the consequent liabilities of said Seminole 

36190 Nation, and in view of its urgent necessities for more lands in the 

36191 Indian Territory, requires a cession by said Seminole Nation of 

36192 part of its present reservation, and is willing to pay therefor a 

36193 reasonable price, while at the same time providing new and ad- 

36194 equate lands for them : 

36195 Now, therefore, the United States, by its commissioners afore- 

36196 said, and the above-named delegates of tbe Seminole Nation, the 

36197 day and year above written, mutually stipulate and agree, on 

36198 behalf of the respective parties, as follows, to wit : 

36199 Article 1. There shall be perpetual peace between the 

36200 United States and the Seminole Nation, aud the Seminoles agree 

36201 to be and remain firm, allies of the United States, and always 

36202 faithfully aid the Government thereof to suppress insurrection 

36203 and put down its enemies. 

36204 The Seminoles also agree to remain at peace with all other 

36205 Indian tribes and with themselves. In return for these pledges 

36206 of peace and friendship, the United States guarantee them quiet 

36207 possession of their country, and protection against hostilities on 

36208 the part of other tribes, and, in the event of such hostilities, that 

36209 the tribe commencing aud prosecuting the same shall make just 

36210 reparation therefor, Therefore, the Seminoles agree to a military 

36211 occupation of their country at the option and expense of the 

36212 United States. 

36213 A general amnesty of all past offences against the laws of 

36214 the United States, committed by any member of the Seminole 

36215 Nation, is hereby declared ; and the Seminoles, anxious for tbe 

36216 restoration of kind and friendly feelings among themselves, do 

36217 hereby declare an amnesty for all past offenses against their 

36218 government, aud no Indian or Indians shall be proscribed or 

36219 any act of forfeiture or confiscation passed against those who 

36220 have remained friendly to or taken up arms against the United 



812 



36221 States, but they shall enjoy equal privileges with other rnem- 

36222 bers of said tribe, and all laws heretofore passed inconsistent 

36223 herewith are hereby declared inoperative. 

36224 Article 2. The Seminole Nation covenant that henceforth 

36225 in said nation slavery shall not exist, nor involuntary servitude, 

36226 except for and in punishment of crime, whereof the offending 

36227 party shall first have been duly convicted in accordance with 

36228 law applicable to all the members of said nation. And inas- 

36229 much as there are among the Seminoles many persons of Afri- 

36230 can descent and blood, who have no interest or property in the 

36231 soil, and no recognized civil rights, it is stipulated that hereaf- 

36232 ter these persons and their descendants, and such other of the 

36233 same race as shall be permitted by said nation to settle there, 

36234 shall have and enjoy all the rights of native citizens, and the 

36235 laws of said nation shall be equally binding upon all persons, of 

36236 whatever race or color, who may be adopted as citizens or niein- 

36237 bers of said tribe. 

36238 Article 3. In compliance with the desire of the United 

36239 States to locate other Indians and freedmen thereon, the Semi- 

36240 noles cede and convey to the United States their entire domain, 

36241 being the tract of land ceded to the Seminole Indians by the 

36242 Creek Nation under the provisions of article first, (1st,) treaty 

36243 of the United States with the Creeks and Seminoles, made and 

36244 concluded at Washington, D. C, August 7, 1856, (see page 104.) 

36245 In consideration of said grant and cession of their lands, esti- 

36246 mated at two million one hundred and sixty-nine thousand and 

36247 eighty (2,169,080) acres, the United States agree to pay said Sem- 

36248 inole Nation the sum of three hundred and twenty-five thou- 

36249 sand three hundred and sixty-two ($325,362) dollars, said purchase 

36250 being at the rate of fifteen cents per acre. The United States 

36251 having obtained by grant of the Creek Nation the westerly half of 

36252 their lands, hereby grant to the Seminole Na tion the portion thereof 

36253 hereafter described, which shall constitute the national domain 

36254 of the Seminole Indians. Said lands so granted by the United 

36255 States to the Seminole Nation are bounded and described as fol- 

36256 lows, to wit: Beginning on the Canadian Eiver where the line di- 

36257 viding the Creek lands according to the terms of their sale to the 

36258 United States by their treaty of February 6, 1866, following 

36259 said line due north to where said line crosses the north fork of 

36260 the Canadian River; thence up said north fork of the Canadian 

36261 River a distance sufficient to make two hundred thousand acres 

36262 by running due south to the Canadian River; thence down said 

36263 Canadian River to the place of beginning. In consideration of 

36264 said cession of two hundred thousand acres of land described 

36265 above, the Seminole Nation agrees to pay therefor the price of 

36266 fifty cents per acre? amounting to the sum of one hundred thou^ 



813 



36267 sand dollars, which amount shall be deducted from the sum 

36268 paid by the United States for Seminole lands under the stipula- 

36269 tions above written. The balance due the Seminole Nation after 

36270 making said deduction, amounting to one hundred thousand 

36271 dollars, the United States agree to pay in the following manner, 

36272 to wit: Thirty thousand dollars shall be paid to enable the 

36273 Seminoles to occupy, restore, and improve their farms, and to make 

36274 their nation independent and self-sustaining, and shall be dis- 

36275 tributed for that purpose under the direction of the Secretary 

36276 of the Interior : twenty thousand dollars shall be paid in like 

36277 manner for the purpose of purchasing agricultural implements, 

36278 seeds, cows, and other stock ; fifteen thousand dollars shall be 

36279 paid for the erection of a mill suitable to accommodate said 

36280 nation of Indians; seventy thousand dollars to remain in the 

36281 United States Treasury, upon which the United States shall 

36282 pay an annual interest of five per cent.; fifty thousand of said 

36283 sum of seventy thousand dollars shall be a permanent sehool- 
36281 fund, the interest of which shall be paid annually and appro- 

36285 priated to the support of schools; the remainder of the seventy 

36286 thousand dollars, being twenty thousand dollars, shall remain a 

36287 permanent fund, the interest of which shall be paid annually for 
86288 the support of the Seminole government ; forty thousand three 

36289 hundred and sixty-two dollars shall be appropriated and ex- 

36290 pended for subsisting said Indians, discriminating in favor of 

36291 the destitute ; all of which amounts, excepting the seventy 

36292 thousand dollars to remain in the Treasury as a permanent 

36293 fund, shall be paid upon the ratification of said treaty, and dis- 
36291 bursed in such manner as the Secretary of the Interior may 

36295 direct. The balance, fifty thousand dollars, or so much thereof 

36296 as may be necessary to pay the losses ascertained and awarded 

36297 as hereinafter provided, shall be paid when said awards shall 

36298 have been duly made and approved by the Secretary of the Inte- 

36299 rior. And in case said fifty thousand dollars shall be insuffi- 

36300 cient to pay all said awards, it shall be distributed pro rata 

36301 to those whose claims are so allowed ; and until said awards 

36302 shall be thus paid, the United States agree to pay to said In- 

36303 dians, in such manner and for such purposes as the Secretary 
36301 of the Interior may direct, interest at the rate of five per cent. 

36305 per annum from the date of the ratification of this treaty. 

36306 Article 1. To reimburse such members of the Seminole 

36307 Satiou as shall be duly adjudged to have remained loyal and 

36308 faithful to their treaty relations to the United States during 

36309 the recent rebellion of the so-called Confederate States for 

36310 the losses actually sustained by them thereby, after the ratifi 

36311 cation of this treaty, or so soon thereafter as the Secretary of the 

36312 Interior shall direct, he shall appoint a board of commission' ! 'Sj 



814 



36313 not to exceed three in number, who shall proceed to the Semi- 

36314 nole country and investigate and determine said losses. Pre- 

36315 vious to said investigation the agent of the Seminole Nation 

36316 shall prepare a census or enumeration of said tribe, and make a 

36317 roll of all Seininoles who did in no manner aid or abet the 

36318 enemies of the Government, but remained loyal during said 

36319 rebellion ; and no award shall be made by said commis- 

36320 sioners for such losses unless the name of the claimant ap* 

36321 pear on said roll, and no compensation shall be allowed any 

36322 person for such losses whose name does not appear on said 

36323 roll, unless said claimant, within six months from the date 

36324 of the completion of said roll, furnishes proof satisfactory 

36325 to said board, or to the Commissioner of Indian Affairs, 

36326 that he has at all times remained loyal to the United 

36327 States, according to his treaty obligations. All evidence 

36328 touching said claims shall be taken by said commissioners, 

36329 or any of them, under oath, and their awards made, together 

36330 with the evidence, shall be transmitted to the Commissioner of 

36331 Indian Affairs, for his approval and that of the Secretary of the 

36332 Interior, Said commissioners shall be paid by the United States 

36333 such compensation as the Secretary of the Interior may direct. 

36334 The provisions of this article shall extend to and embrace the 

36335 claims for losses sustained by loyal members of said tribe, irre- 

36336 spective of race or color, whether at the time of said losses the 

36337 claimants shall have been in servitude or not; provided said 

36338 claimants are made members of said tribe by the stipulations of 

36339 this treaty. 

36340 Article 5. The Seminole Nation hereby grant a right of 

36341 way through their lands to any company which shall be duly 

36342 authorized by Congress, and shall, with the express consent and 

36343 approbation of the Secretary of the Interior, undertake to cou- 

36344 struct a railroad from any point on their eastern to their western 

36345 or southern boundary ; but said railroad company, together with 

36346 all its agents and employes, shall be subject to the laws of the 

36347 United States relating to the intercourse with Indian tribes, and 

36348 also to such rules and regulations as may be prescribed by the 

36349 Secretary of the Interior for that purpose. And the Seminoles 

36350 agree to sell to the United States, or any company duly author- 

36351 ized as aforesaid, such lands, not legally owned or occupied by a 

36352 member or members of the Seminole Nation, lying along the line 

36353 of said contemplated railroad, not exceeding on each side thereof 

36354 a belt or strip of land three miles in width, at such price per acre 

36355 as may be eventually agreed upon between said Seminole Nation 

36356 and the party or parties building said road, subject to the ap- 

36357 proval of the President of the United States : Provided, however, 

36358 That said land thus sold shall not be reconveyed, leased, or 



815 



36359 rented to, or be occupied by, any one not a citizen of the Semi 

36360 nole Nation, according to its laws and recognized usages: Pro- 
3636L vided also, That officers, servants, and employes of said railroad 

36362 necessary to its construction and management shall not bo ox- 

36363 eluded from such necessary occupancy, they being subject to the 

36364 provisions of the Indian-intercourse laws, and such rules and 

36365 regulations as may be established by the Secretary of the Iu- 

36366 terior; nor shall any conveyance of said lands be made to the 

36367 party building and managing said road, until its completion as ;i 

36368 first-class railroad and its acceptance as such by the Secretary 

36369 of the Interior. 

36370 Article 6. Inasmuch as there are no agency buildings 

36371 upon the new Seminole reservation, it is therefore further agreed 

36372 that the United States shall cause to be constructed, at an ex- 

36373 pense not exceeding ten thousand (10,000) dollars, suitable 

36374 agency buildings, the site whereof shall be selected by the agent 

36375 of said tribe, under the direction of the superintendent of Indian 

36376 affairs; in consideration whereof, the Seminole Xation hereby 

36377 relinquish, and cede forever to the United States one section of 

36378 their lands upon which said agency buildings shall be directed, 

36379 [erected,] which land shall revert to said nation, when no longer 

36380 used by the United States, upon said nation paying a fair value 

36381 for said buildings at the time vacated. 

36382 Article 7. The Seminole Xation agrees to such legislation 

36383 as Congress and the President may deem necessary for the better 

36384 administration of the rights of person and property within the 

36385 Indian Territory : Provided, however, [That] said legislation shall 

36386 not in any manner interfere with or annul their present tribal 

36387 organization, rights, laws, privileges, and customs. 

36388 The Seminole Nation also agree that a general council, con- 

36389 sisting of delegates elected by each nation, a tribe lawfully resi- 

36390 dent within the Indian Territory, may be annually convened in 

36391 said Territory, which council shall be organized in such manner 

36392 and possess such powers as are hereinafter described : 

36393 1st. After the ratification of this treaty, and as soon as may 

36394 be deemed practicable by the Secretary of the Interior, and prior 

36395 to the first session of said council, a census or enumeration of 

36396 each tribe lawfully resident in said Territory shall be taken, 

36397 under the direction of the superintendent of Indian affairs, who, 

36398 for that purpose, is hereby authorized to designate and appoint 

36399 competent j)ersons, whose compensation shall be fixed by the 

36400 Secretary of the Interior and paid by the United States. 

36401 2d. The first general council shall consist of one member 

36402 from each tribe, and an additional member for each one thousand 

36403 Indians, or each fraction of a thousand greater than five hundred, 

36404 being members of any tribe lawfully resident in said Territory, 



816 



36405 and shall be elected by said tribes, respectively, who may assent 

36406 to the establishment of said general council ; and if none should 

36407 be thus formally selected by any nation or tribe, the said nation 

36408 or tribe shall be represented in said general council by the chiefs 

36409 and head-men of said tribes, to be taken in the order of their 

36410 rank, in the same number and proportion as above indicated. 

36411 After the said census shall have been taken and completed, the 

36412 superintendent of Indian affairs shall publish and declare to 

36413 each tribe the number of members of said council to which they 

36414 shall be entitled under the provisions of this article; and the 

36415 persons so entitled to represent said tribe shall meet at such 

36416 time and place as he shall appoint, but thereafter the time and 

36417 place of the sessions of said council shall be determined by its 

36418 action : Provided, That no session in auy one year shall exceed 

36419 the term of thirty days : And provided, That special sessions of 

36420 said council may be called by said superintendent whenever, in 

36421 his judgment, or that of the Secretary of the Interior, the in- 

36422 terest of said tribes shall require. 

36423 3d. Said general council shall have power to legislate upon 

36424 all rightful subjects and matters pertaining to the intercourse 

36425 and relations of the Indian tribes and nations resident in said 

36426 Territory; the arrest and extradition of criminals and offenders 

36427 escaping from one tribe to another; the administration of jus- 

36428 tice between members of the several tribes of said Territory, 

36429 and persons other than Indians and members of said tribes or 

36430 nations j the construction of works of internal improvement, and 

36431 the common defence and safety of the nation of said Territory. 

36432 All laws enacted by said council shall take effect at such time 

36433 as may therein be provided, unless suspended by direction of 

36434 the Secretary of the Interior or the President of the United 

36435 States. Ko law shall be enacted inconsistent with the Constitu- 

36436 tion of the United States, or the ^ws of Congress, or existing 

36437 treaty stipulations with the United States, nor shall said coun- 

36438 cil legislate upon matters pertaining to the organization, laws, 

36439 or customs of the several tribes, except as herein provided for. 

36440 4th. Said council shall be presided over by the superintend' 

36441 ent of Indian affairs, or, in case of his absence for any cause, 

36442 the duties of said superintendent enumerated in this article 

36443 shall be performed by such person as the Secretary of the In- 

36444 terior may direct. 

36445 5th. The Secretary of the Interior shall appoint a secretary 

36446 of said council, whose duty it shall be to keep an accurate record 

36447 of all the proceedings of said council, and who shall transmit a 

36448 true copy of all such proceedings, duly certified by the superin- 

36449 tendent of Indian affairs, to the Secretary of the Interior imme- 

36450 diately after the session of said council, He shall be paid out 



i 



817 

36451 of the Treasury of the United States an annual salary of five 

36452 hundred dollars. 

36453 6th. The members of said council shall be paid by the 

36454 United States the sum of four dollars per diem during the time 

36455 actually in attendance upon the sessions of said coucil, and at 

36456 the rate of four dollars for every twenty miles necessarily 

36457 travelled by them in going to said council and returning to their 

36455 homes, respectively, to be certified by the secretary of the said 

36459 council and the superintendent of Indian affairs. 

36460 7th. The Seminoles also agree that a court or courts may be 
33461 establishedin said Territory, with such jurisdiction and organized 

36462 in such manner as Congress may by law provide. 

36463 Article 8. The stipulations of this treaty are to be a full 

36464 settlement of all claims of said Seminole Xation for damages 

36465 and losses of every kind growing out of the late rebellion, and 

36466 all expenditures by the United States of annuities in clothing 

36467 and feeding refugee and destitute Indians since the diversion of 

36468 annuities for that purpose, consequent upon the late war with 

36469 the so-called Confederate States ; and the Seminoles hereby rat- 

36470 ify and confirm all such diversions of annuities heretofore made 

36471 from the funds of the Seminole Nation by the United States. 

36472 And the United States agree that no annuities shall be diverted 

36473 from the object for which they were originally devoted by treaty 

36474 stipulations with the Seminoles, to the use of refugee and desti- 

36475 tute Indians, other than the Seminoles or members of the Semi- 

36476 nole Xation, after the close of the present fiscal year, June thir- 

36477 tieth, eighteen hundred and sixty-six. 

36478 Article 9. The United States re-affirms and reassumes all 

36479 obligations of treaty stipulations entered into before the treaty 

36480 of said Seminole Xation with the so-called Confederate States, 

36481 August first, eighteen hundred and sixty-one, not inconsistent 

36482 herewith • and further agree to renew all payments of annuities 

36483 accruing by force of said treaty stipulations from and after the 

36484 close of the present fiscal year, June thirtieth, in the year of 

36485 our Lord one thousand eight hundred and sixty-six. except as is 

36456 provided in article eight, (viii.) 

36487 Article 10. A quantity of land not exceeding six hundred 

36488 and forty acres, to be selected according to legal subdivisions, 

36489 in one body, and which shall include their improvements, is 

36490 hereby granted to every religious society or denomination which 

36491 has erected, or which, with the consent of the Indians, may 

36492 hereafter erect, buildings within the Seminole country for mis- 

36493 sionary or educational purposes; but no land thus granted, nor 

36494 the buildings which have been or may be erected thereon, shall 

36495 ever be sold or otherwise disposed of except with the consent 

36496 and approval of the Secretary of the Interior. And whenever 

36497 anv such land or buildings shall be so sold or disposed of, the 

103 I T 



818 



30498 proceeds thereof shall be applied, under the direction of the 

36499 Secretary of the Interior, to the support and maintenance o 

36500 other similar establishments for the benefit of the Seminoles 

36501 and such other persons as may be, or may hereafter become, 

36502 members of the tribe according to its laws, customs, and usages. 

36503 Article 11. It is further agreed that all treaties heretofore 

36504 entered into between the United States and the Seminole Nation, 

36505 which are inconsistent with any of the articles or provisions of 

36506 this treaty, shall be, and are hereby, rescinded and annulled. 
30507 Proclaimed August 16,1866. 



36508 SENEGAS. 

36509 Contract entered into, under the sanction of the United States of 

36510 America, between Robert Morris and the Seneka Nation of 

36511 Indians. 

36512 This indenture, made the fifteenth day of September, in the 

36513 year of our Lord one thousand seven hundred and ninety-seven, 

36514 between the sachems, chiefs, and warriors of the Seneka Nation 

36515 of Indians, of the first part, and Robert Morris, of the city of 

36516 Philadelphia, esquire, of the second part : 

36517 Whereas the Commonwealth of Massachusetts have granted, 

36518 bargained, and sold unto the said Robert Morris, his heirs and 

36519 assigns, forever, the pre-emptive right, and all other the right, 

36520 title, and interest, which the said Commonwealth had to all that 

36521 tract of land hereinafter particularly mentioned, being part of a 
30522 tract of land lying within the State of New York, the right of 

36523 pre-emption of the soil whereof, from the native Indians, was 

36524 ceded and granted by the said State of New York to the said 

36525 Commonwealth ; and 

36526 Whereas at a treaty held under the authority of the United 

36527 States, with the said Seneka Nation of Indians, at Genesee, in 

36528 the county of Ontario, and State of New York, on the day of 

36529 the date of these presents, and on sundry days immediately prior 

36530 thereto, by the honorable Jeremiah Wadsworth, esquire, a com- 

36531 missioner appointed by the President of the United States to 
26532 hold the same, in pursuance of the Constitution and of the act 

36533 of the Congress of the United States in such case made and pro- 

36534 vided, it was agreed, in the presence and with the approbation 

36535 of the said commissioner, by the sachems, chiefs, and warriors 

36536 of the said nation of Indians, for themselves and in behalf of their 

36537 nation, to sell to the said Robert Morris, and to his heirs and 

36538 assigns, forever, all their right to all that tract of land above 

36539 recited, and hereinafter particularly specified, for the sum of one 

36540 h u n d red thou san d doll ars, to be by the said Robert Morris vested 



X19 



36541 in the stock of the Bank of the United States, and held in the 

36542 name of the President of the United States, for the use and be- 

36543 hoof of the said nation of Indians, the said agreement and sale 

36544 being also made in the presence, and with the approbation, of 

36545 the honorable William Shepard, esquire, the superintendent ap- 

36546 pointed for such purpose, in pursuance of a resolve of the gen- 

36547 eral court of the Commonwealth of Massachusetts, passed the 

36548 eleventh day of March, in the year of our Lord one thousand 

36549 seven hundred and ninety-one: 

36550 Now this indenture witnesseth, That the said parties of 

36551 the first part, for and in consideration of the premises above 

36552 recited, and for divers other good and valuable considera- 

36553 tions them thereunto moving, have granted, bargained, sold, 

36554 aliened, released, enfeoffed, and confirmed; and by these 

36555 presents do grant, bargain, sell, alien, release, enfeoff, and 

36556 confirm unto the said party of the second part, his heirs and 
38557 assigns, forever, all that cert tin tract of land, except as is herein- 

36558 after excepted, lying within the county of Ontario, and State of 

36559 New York, being part of a tract of land the right of pre-emp- 

36560 tion whereof was ceded by the State of New York to the Com- 

36561 mon wealth of Massachusetts, by deed of cession executed at 

36562 Hartford, on the sixteenth day of December, in the year of our 

36563 Lord one thousand seven hundred and eighty-six, being all such 

36564 part thereof as is not included in the Indian purchase made by 

36565 Oliver Phelphs and Nathaniel Gorham, and bounded as follows, 

36566 to wit: easterly, by the land confirmed to Oliver Phelps and 

36567 Nathaniel Gorham by the legislature of the Commonwealth of 

36568 Massachusetts, by an act passed the twenty-first day of Novem- 

36569 ber, in the year of our Lord one thousand seven hundred and 

36570 eighty-eight; southerly, by the north boundary-line of the State 

36571 of Pennsylvania ■ ; westerly, partly by a tract of land, part of 

36572 the land ceded by the State of Massachusetts to the United 

36573 States, and by them sold to Pennsylvania, being a right-angled 

36574 triangle, whose hypothenuse is in or along the shore of Lake 

36575 Erie ; partly by Lake Erie, from the northern point of that tri- 

36576 angle to the southern bounds of a tract of land one mile in 

36577 width, lying on and along the east side of the Strait of Niagara, 

36578 and partly by the said tract to Lake Ontario; and on the north 

36579 by the boundary-line between the United States and the King 

36580 of Great Britain ; excepting, nevertheless, and always reserving 

36581 out of this grant and conveyance, all such pieces or parcels of 

36582 the aforesaid tract, and such privileges thereunto belonging, as 

36583 are next hereinafter particularly mentioned, which said pieces 

36584 or parcels of land so excepted are, by the parties to these pres- 

36585 ents, clearly and fully understood to remain the property of the 

36586 said parties of the first part, in as full and ample manner as if 



820 



30.587 these presents had not been executed ; that is to say. excepting 
and reserving to them, the said parties of the first part, and 

36589 their nation, one piece or parcel of the aforesaid tract, at Cana- 

36590 wagns, of two square miles, to be laid out in such manner as to 
3C591 include the village, extending in breadth one mile along the 

36592 river; one other -piece or parcel at Big Tree, of two square 

36593 miles, to be laid out in such manner as to include the village. 

36594 extending in breadth along the river one mile ; one other piece 

36595 or parcel of two square miles at Little Beard's town, extending 
one mile along the river, to be laid on 0 in such manner as to in- 

36597 elude the village ; one other tract of two square miles, at 

36598 Squawky Hill, to be laid off as follows, to wit : one square mile 

36599 to be laid off along the river, in such manner as to include the 

36600 village, the other directly west thereof and contiguous thereto : 

36601 oue other piece or parcel at Gardeau, beginning at the mouth of 

36602 Steep-Hill Creek,thence due east until it strikes the old path, thence 

36603 south until a due west line will intersect with certain steep rocks 

36604 on the west side of Genesee Biver, then extending due west, due 

36605 north, and due east, until it strikes the first-mentioned bound. 
3Q60Q enclosing as much land on the west side as on the east side of the 
36607 river. One other piece or parcel at Kaounadeau, extending in 
3Q60S length eight miles along the river and two miles in breadth. One 

36609 other piece or parcel at Cataraugos, beginning at the mouth of the 

36610 Eighteen-Mile or Koghquaugu Creek, thence a line or lines to be 

36611 drawn parallel to Lake Erie at the distance of one mile from the lake 

36612 to the mouth of Cataraugos Creek, thence a line or lines extend- 

36613 ing twelve miles up the north side of said creek at the distanc3 

36614 of one mile therefrom : thence a direct line to the said creek ; 

36615 thence down the said creek to Lake Erie ; thence along the lake 
33616 to the first-mentioned creek, and thence to the place of begin - 

36617 ning. Also one other piece at Cataraugos, beginning at the 

36618 shore of Lake Erie on the south side of Cataraugos Creek, at the 

36619 distance of one mile from the mouth thereof ; thence running 

36620 one mile from the lake : thence on a line parallel thereto to a 

36621 point within one mile from the Connondauweyea Creek ; thence 

36622 up the said creek oue mile on a line parallel thereto ) thence on 

36623 a direct line to the said creek ; thence down the same to Lake 

36624 Erie ; thence along the lake to the place of beginning. Also 
36Q2j one other piece or parcel of forty-two square miles at or near the 

36626 Allegenny Biver. Also, two hundred square miles to be laid off 

36627 partly at the Buffalo and partly at the Tannawanta Creeks. 

36628 Also, excepting and reserving to them, the said parties of the 

36629 first part, and their heirs, the j>rivilege of fishing and hunting 

36630 on the said tract of land hereby intended to be conveyed. And 

36631 it is hereby understood by and between the parties to these 

36632 presents that all such jfieces or parcels of land as are hereby 



821 

36633 reserved, and are not particularly described as to the maimer in 

36634 which the same are to be laid off, shall be laid off in such man- 

36635 ner as shall be determined by the sachems and chiefs residing 

36636 at or near the respective villages where such reservations are 

36637 made, a particular note whereof to be endorsed on the back of 

36638 this deed and recorded therewith, together with all and singular 

36639 the rights, privileges, hereditaments, and appurtenances there- 

36640 unto belonging or in anywise appertaining. And all the estate. 

36641 right, title, and interest, whatsoever, of them, the said parties 

36642 of the first part, and their nation, of, in, and to the said tract of 

36643 land above described, except as is above excepted, to have and 

36644 to hold all and singular the said granted premises, with the ap- 

36645 purtenances, to the said party of the second part, his heirs, and 

36646 assigns, to his and their proper use, benefit, and behoof forever. 

36647 Concluded September 15, 1707. 



36648 This indenture, made the thirtieth day of June, in the year oj our 

36649 Lord one thousand eight hundred and two, between the sachems' 

36650 chiefs, and ivarriors of the Seneca Nation of Indians, of the 

36651 first part, and Wilhem Willink, Pieter Van Eeghen, Send riJc 

36652 Vollenhoven, TT. Willink, the younger ; I. Willing, the younger, 

36653 (sonofJan ;)Jan Gabriel Van Staphorst, Eoelof Van Staphorst, 

36654 the younger ; Cornells Vollenhoven, and Hendrik Seye, all of 

36655 the city of Amsterdam and republic of Batavia, by Joseph Elli- 

36656 cott, esquire, their agent and attorney, of the second part. 

36657 Whereas at a treaty held under the authority of the United 

36658 States with the said Seneca Nation of Indians, at Buffalo Creek, 

36659 in the county of Ontario, and State of New York, on the day of 

36660 the date of these presents, by the honorable John Taylor, esquire, 

36661 a commissioner appointed by the President of the United States 

36662 to hold the same, in pursuance of the Constitution and of the 

36663 act of the Congress of the United States in such case made and 

36664 provided, a convention was entered into, in the presence and 

36665 with the approbation of the said commissioner, between the said 

36666 Seneca Nation of Indians and the said Wilhem Willink, Pieter 

36667 Yan Eeghen, Hendrik Yollenhoven, W. Willink, the younger: 
3666S I. Willink, the younger, (son of Jan ;) Jan Gabriel Yan Sta- 

36669 phorst, Eoelof Yan Staphorst, the younger ; Cornelis Yollen. 

36670 hoven, and Hendrik Seye, by the said Joseph Ellicott. their 

36671 agent and attorney, lawfully constituted and appointed for that 

36672 purpose : 

36673 Now this indenture wituesseth that the said parties of the 

36674 first part, for and in consideration of the lands hereinafter de- 

36675 scribed, do hereby exchange, cede, and forever quit-claim, to the 



822 



;> 01370 said parties of the second part, their heirs and assigns, all those 

36677 lands situate, lying and being in the county of Ontario and 

36678 State of New York, being part of the lands described and re- 

36679 served by the said parties of the first part, in a treaty or cou- 

36680 vention held by the honorable Jeremiah Wads worth, esquire, 

36681 under the authority of the United States, on the Genesee Elver, 

36682 the loth day of September, one thousand seven hundred and 

36683 ninety-seven, in words following, viz : 

36684 " Beginning at the mouth of the Eighteen-Mile or Kogh- 

36685 quaw-gu Creek, thence a line or lines to be drawn parallel to 

36686 Lake Erie, at the distance of one mile from the lake, to the 

36687 mouth of Cataraugos Creek ; thence a line or lines extending 

36688 twelve miles up the north side of said creek, at the distance of one 

36689 mile therefrom ; thence a direct line to the said creek ; thence down 

36690 the said creek to Lake Erie ; thence along the lake to the first- 

36691 mentioned creek, and thence to the place of beginning. Also, 

36692 one other piece, at Cataraugos, beginning at the shore of Lake 

36693 Erie, on the south side of Cataraugos Creek, at the distance of 

36694 one mile from the mouth thereof; thence running one mile from 

36695 the lake y thence on a line parallel thereto to a point within one 

36696 mile from the C 0 1 1 - n o n - d a u- w e-gea Creek ; thence up the said 

36697 creek one mile on a line parallel thereto ; thence on a direct line 

36698 to the said creek; thence down the same to Lake Erie; thence 

36699 along the lake to the place of beginning ;" reference being there- 

36700 unto had will fully appear. Together with all and singular the 

36701 rights, privileges, hereditaments, and appurtenances thereunto 

36702 belonging or in any wise appertaining; and all the estate, right, 

36703 title, and interest whatsoever of them, the said parties of the 
38704 first part, and their nation, of, in, and to the said tracts of land 

36705 above described, to have and to hold all and singular the said 

36706 granted premises, with the appurtenances, to the said parties of 

36707 the second part, their heirs and assigns, to their only proper 

36708 use, benefit, and behoof forever. 

36709 And in consideration of the said lands described and ceded 

36710 as aforesaid, the said parties of the second part, by Joseph Elli- 

36711 cott, their agent and attorney as aforesaid, do hereby exchange, 

36712 cede, release, and quit-claim to the said parties of the first part, 

36713 and their nation, (the said parties of the second part reserving 

36714 to themselves the right of pre-emption,) all that certain tract or 

36715 parcel of land situate as aforesaid. Beginning at a post marked 

36716 No. 0, standing on the bank of Lake Erie, at the mouth of 

36717 Cataraugos Creek, and on the north bank thereof ; thence along 

36718 the shore of said lake N. 11° E. 21 chains ; K thirteen degrees 

36719 east 45 chains; N. 19° E. 14 chaius 65 links to a post; thence 

36720 east 119 chains to a post; thence south 14 chains 27 links to a 

36721 post; thence east 640 chains to a post standing in the meridian 



823 



36722 between the 8th and ( Jth ranges; thence along said meridian 

36723 south G17 chains 75 links, to a post standing on the south bank 

36724 of Cataraugos Creek ; thence west 160 chains to a post ; thence 

36725 north 290 chains 25 links to a post; thence west 482 chains 31 

36726 links to a post ; thence north 219 chains 50 links to a post 

36727 standing on the north bank of Cataraugos Creek; thence down 

36728 the same and along the several meanders thereof to the place of 

36729 beginning. To hold to the said parties of the first part in the 

36730 same mauner and by the same tenure as the lands reserved by 

36731 the said parties of the first part in and by the said treaty or 

36732 convention entered into, on Genesee River, the 15th day of Sep- 

36733 tember, one thousand seven hundred and ninety-seven, as afore- 

36734 said, were intended to be held. 

36735 Proclaimed January 12, 1803. 

36736 At a treaty held under the authority of the United States at Buffalo 

36737 Creek, in the county of Ontario, and State of Sew York, be- 

36738 tween the sachems, chiefs, and warriors of the Seneca Nation 

36739 of Indians, on behalf of said, nation, and Oliver Phelps, esq., 

36740 of the county of Ontario, Isaac Bronson, esq., of the city of 

36741 New York, and Horatio Jones, of the said county of Ontario, 

36742 in the presence of John Tayler, esq., commissioner appointed 

36743 by the President of the United States for holding said treaty. 

33744 Know all men by these presents that the said sachems, 

33745 chiefs, and warriors, for and in consideration of the sum of 

36746 twelve hundred dollars, lawful money of the United States, unto 

36747 them in hand paid by the said Oliver Phelps, Isaac Bronson, 

36748 and Horatio Jones, at or immediately before the sealing and de- 

36749 livery hereof, the receipt whereof is hereby acknowledged, have 

36750 and by these presents do grant, remise, release, and forever 

36751 quit-claim and confirm unto the said Oliver Phelps, Isaac Bron- 

36752 son, and Horatio Jones, and to their heirs and assigns, all that 

36753 tract of land commonly called and known by the name of Little 

36754 Beard's reservation, situate, lying, and being in the said county 

36755 of Ontario, bounded on the east by the Genesee River and 

36756 Little Beard's Creek, on the south and west by other lands of 

36757 the said parties of the second part, and on the north by Big 

36758 Tree reservation, containing two square miles, or twelve hun- 

36759 dred and eighty acres, together with all and singular the here- 

36760 ditaments and appurtenances whatsoever thereunto belonging, 

36761 or in anywise appertaining, to hold to them, the said Oliver 

36762 Phelps, Isaac Bronson, and Horatio Jones, their heirs and as- 

36763 signs, to the only proper use and behoof of them, the said Oliver 

36764 Phelps, Isaac Bronson, and Horatio Jones, their heirs and as- 

36765 signs forever. 

36766 Proclaimed February 7, 1803. 



824 



36767 Articles of a treaty made and concluded at Buffalo Creek, in the 

36768 State of New TorJc, on the twentieth day of May, in the year 

36769 one thousand eight hundred and forty-two, between the United 

36770 States of America, acting herein by Ambrose Spencer, their com- 

36771 missioner, thereto duly authorized, on the one part, and the 

36772 ch iefs, head-men, and warriors of the Seneca Nation of Indians, 

36773 duly assembled in council, on the other part. 

36774 Whereas a treaty was heretofore concluded and made be- 

36775 tween the said United States and the chiefs, head-men, and war- 

36776 riors of the several tribes of New York Indians, dated the fif- 

36777 teenth day of January, in the year one thousand eight hundred 

36778 and thirty-eight, which treaty having been afterwards amended, 

36779 was proclaimed by the President of the United States on the 

36780 fourth of April, one thousand eight hundred and forty, to have 

36781 been duly ratified ; and, (see page 548,) 

36782 Whereas on the day of making this treaty, and bearing 

36783 even date herewith, a certain indenture was made, executed, and 

36784 concluded by and between the said Seneca Nation of Indians and 

36785 Thomas L. Ogden and Joseph Fellows, assignees under the State 

36786 of Massachusetts, in the presence and with the approbation of 

36787 a commissioner appointed by the United States, and in the pres- 

36788 ence and with the appiobation of Samuel Hoare, a superintend- 

36789 ent on the part of the Commonwealth of Massachusetts, which 

36790 indenture is in the words and figures following, to wit: 

36791 "This indenture, made and concluded between Thomas 

36792 Ludlow Ogden, of the city of New York, and Joseph Fellows, of 

36793 Geneva, in the county of Ontario, of the one part, and the chiefs 

36794 and head-men of the Seneca Nation of Indians on the other part, 

36795 at a council duly assembled and held at Buffalo Creek, in the 

36796 State of New York, on the twentieth day of May, in the year one 

36797 thousand eight hundred and forty-two, in the presence of Samuel 

36798 Hoare, the superintendent thereto authorized and appointed by 

36799 and on the part of the Commonwealth of Massachusetts, and of 

36800 Ambrose Spencer, a commissioner thereto duly appointed and 

36801 authorized on the part of the United States. 

36802 " Whereas at a council held at Buffalo Creek on the fifteenth 

36803 day of January, in the year one thousand eight hundred and 

36804 thirty-eight, an indenture of that date was made and executed 

36805 by and between the parties to this agreement, whereby the chiefs 

36806 and head-men of the Seneca Nation of Indians, for the consider- 

36807 ation of two hundred and two thousand dollars, did grant, bar- 

36808 gain, release, and confirm unto the said Thomas Ludlow Ogden 

36809 and Joseph Fellows all those four several tracts of land situate 

36810 within the State of New York, then and yet occupied by the said 

36811 nation, or the people thereof, severally described in the said in- 

36812 denture as the Buffalo Creek reservation, containing by estima- 



825 



36813 tion forty-nine thousand nine hundred and twenty acres of land ; 

36814 the Cattaraugus reservation, containing by estimation twenty - 

36815 one thousand six hundred and eighty acres of land ; the Allegany 

36816 reservation, containing by estimation thirty thousand four hun- 

36817 dred and sixty-nine acres of land $ and the Tonnewanda reserva- 

36818 tion, containing by estimation twelve thousand eight hundred 

36819 acres of land ; a duplicate of which indenture was annexed to a 

36820 treaty of the same date made between the United States of 

36821 America and the chiefs, head-men, and warriors of the several 

36822 tribes of New York Indians assembled in council, which treaty 

36823 was amended and proclaimed by the President of the United 

36824 States on the fourth of April, one thousand eight hundred and 

36825 forty, as having been duly ratified, as by the said indenture, 

36826 treaty, and proclamation more fully appear ; and 

36827 "Whereas divers questions and differences having arisen 

36828 between the chiefs and head-men of the Seneca Nation of 

36829 Indians, or some of them, and the said Thomas Ludlow Ogden 

36830 and Joseph. Fellows in relation to the said indenture, and the 

36831 rights of the parties thereto, and the provisions contained in the 

36832 said indenture being still unexecuted, the said parties have mu- 

36833 tually agreed to settle, compromise, and finally terminate all 

36834 such questions and differences on the terms and conditions here- 

36835 inafter specified : 

36836 "Now, therefore, it is hereby mutually declared and agreed 

36837 by and between the said parties as follows : 

36838 "Article 1. The said Thomas Ludlow Ogden and Joseph 

36839 Fellows, in consideration of the release and agreements herein - 

36840 after contained, on the part of the said Seneca Nation, do on 

36841 their part consent, covenant, and agree that they, the said nation, 

36842 (the said indenture notwithstanding,) shall and may continue in 

36843 the occupation and enjoyment of the whole of the said two sev- 

36844 eral tracts of land called the Cattaraugus reservation and the 

36845 Allegany reservation, with the same right and title in all things 

36846 as they had and possessed therein immediately before the date 

36847 of the said indenture, saving and reserving to the said Thomas 

36848 Ludlow Ogden and Joseph Fellows the right of pre-emption, and 

36849 all other the right and title which they then had or held in or 

36850 to the said tracts of land. 

36851 " Article 2. The chiefs and head-men of the Seneca Na- 

36852 tion of Indians, in consideration of the foregoing, and of the 

36853 agreement next hereinafter contained, do on their part grant, 

36854 release, and confirm unto the said Thomas Ludlow Ogden and 

36855 Joseph Fellows, and to their heirs and assigns, in joint tenancy. 
36S5Q the whole of the said two tracts of land severally called the 

36857 Buffalo Creek reservation and the Tonnewanda reservation, 

36858 and all the right and interest therein of the said nation. 

104 it 



826 



36859 " Article 3. It is mutually agreed between the parties 

36860 hereto, that in lien of the sum expressed in the said indenture, as 

36861 the consideration of the sale and release of the said four tracts 

36862 of land, there shall be paid to the said nation a just considera- 

36863 tion sum for the release of the two tracts hereby confirmed to 
35864 the said Ogden and Fellows, to be estimated and ascertained as 

36865 follows. 

36866 "The present value of the Indian title to the whole of the 

36867 said four tracts of land, including the improvements thereon, 

36868 shall for all the purposes of this present compact be deemed and 

36869 taken to be two hundred and two thousand dollars, of which 

36870 sum one hundred thousand dollars shall be deemed to be the 

36871 value of such title in and to all the lands within the said four 

36872 tracts, exclusive of the improvements thereon, and one hundred 

36873 and two thousand dollars to be the value of all the improvements 
3687 J: within the said four tracts ; and of the said sum of one hundred 

36875 thousand dollars, the said Ogden and Fellows shall pay to the 

36876 Seneca Xation such proportion as the value of all the lands 

36877 within the said two tracts ; called the Buffalo Creek and Tonne- 

36878 wanda reservations, shall bear to the value of all the lands 

36879 within all the said four tracts ; and of the said sum of one hun- 

36880 dred and two thousand dollars, the said Ogden and Fellows 

36881 shall pay such proportion as the value of the improvements on 

36882 the same two tracts shall bear to the value of the improvements 

36883 on all the said four tracts. 

36884 "Article 4. The amount of the consideration monies to be 

36885 paid in pursuance of the last preceding article shall be deter- 
368SQ mined by the judgment and award of arbitrators, one of whom 

36887 shall be named by the Secretary of the War Department of the 

36888 United States, and one by the said Ogden and Fellows; which 

36889 arbitrators, in order to such judgment and award, and to the 

36890 performance of the other duties hereby imposed on them, may 

36891 employ suitable surveyors to explore, examine, and report on 

36892 the value of the said lands and improvements, and also to ascer- 

36893 tain the contents of each of the said four tracts, which contents 

36894 shall govern the arbitrators as to quantity in determining the 

36895 amount of the said consideration money. 

36896 " The same arbitrators shall also award and determine the 

36897 amount to be paid to each individual Indian out of the sum 

36898 which, on the principles above stated, they shall ascertain and 

36899 award to be the proportionate value of the improvements on the 

36900 said two tracts called Buffalo Creek reservation and the Tonne 

36901 wanda reservation ; and in case the said arbitrators shall dis- 

36902 agree as to any of the matters hereby submitted to them, they 

36903 may choose an umpire, whose decision thereon shall be final and 

36904 conclusive; and the said arbitrators shall make a report in 



827 



36905 writing of their proceedings in duplicate, such reports to be 

36906 acknowledged or proved according to the laws of the State of 

36907 New York, in order to their being recorded, one of such reports 

36908 to be filed in the office of the Secretary of the Department of 

36909 War, and the other thereof to be delivered to the said Thomas 

36910 L. Ogden and Joseph Fellows. 

36911 "Article 5. It is agreed that the possession of the two 

36912 parts hereby confirmed to the said Ogden and Fellows shall be 

36913 surrendered and delivered up to them, as follows, viz: The for- 

36914 est or unimproved lands on the said tracts, within one month 

36915 after the report of the said arbitrators shall be filed in the office 

36916 of the Department of War, and the improved lands within two 

36917 years after the said report shall have been so filed: Provided 

36918 always, That the amount to be so ascertained and awarded as 

36919 the proportionate value of the said improvements, shall, on the 

36920 surrender thereof, be paid to the President of the United States, 

36921 to be distributed among the owners of the said improvements 

36922 according to the determination and award of the said arbitra- 

36923 tors in this behalf: And provided further, That the consideration 

36924 for the release and conveyance of the said lands shall at the 

36925 time of the surrender thereof be paid or secured to the satisfac- 

36926 tion of the said Secretary of the War Department, the income 

36927 of which is to be paid to the said Seneca Indians annually. 

36928 u But any Indian having improvements may surrender the 

36929 same and the land occupied by him and his family at any time 

36930 prior to the expiration of the said two years, upon the amount 

36931 awarded to him for such improvements being paid to the Presi- 

36932 dent of the United States or any agent designated by him for 

36933 that purpose by the said Ogden and Fellows, which amount shall 

36934 be paid over to the Indian entitled to the same, under the direc- 

36935 tions of the War Department. 

36936 " Article 6. It is hereby agreed and declared to be the 

36937 understanding and intent of the parties hereto, that such of the 

36938 said Seneca Nation as shall remove from the State of New York 

36939 under the provisions of any treaty made or to be made between 

36940 the United States and the said Indians, shall be entitled in pro- 

36941 portion to their relative numbers to the funds of the Seneca 

36942 Nation, and that the interest and income of such their share and 

36943 proportion of the said funds, including the consideration lnoney 

36944 to be paid to the said nation in pursuance of this indenture, and 

36945 of all annuities belonging to the said nation, shall be paid to the 

36946 said Indians so removing at their new homes ; and whenever 

36947 the said tracts called the Allegheny and the Cattaraugus reserva- 

36948 tions, or any part thereof, shall be sold and conveyed by the 

36949 Indians remaining in the State of New York, the Indians so re- 

36950 moving shall be entitled to share in the proceeds of said sales in 



828 



36951 the like proportion. And it is further agreed and declared that 

36952 such Indians owning improvements in the Cattaraugus and 

36953 Alleghany tracts as may so remove from the State of New York 

36954 shall be entitled on such removal, and surrendering their im- 

36955 provements to the Seneca Nation for the benefit of the nation, to 

36956 receive the like compensations for the same, according to their 

36957 relative values, as in the third and fourth articles of this treaty 

36958 are stipulated to be paid to the owners of improvements in the 

36959 Buffalo Creek and Tonnewauda tracts on surrendering their im- 

36960 provements, which compensations may be advanced by the 

36961 President of the United States out of any funds in the hands of 

36962 the Government of the United States belonging to the Seneca 

36963 Nation, and the value of these improvements shall be ascertained 
36961 and reported by the arbitrators to be appointed in pursuance of 

36965 the fourth article. 

36966 "Article 7. This indenture is to be deemed to be in lieu 

36967 of and as a substitute for the above-recited indenture made and 
3696S dated the fifteenth day of January, one thousand eight hundred 

36969 and thirty-eight, so far as the provisions of the two instruments 

36970 may be inconsistent or contradictory, and the said indenture, so 

36971 far as the same may be inconsistent with the provisions of this 

36972 compact, is to be regarded and is hereby declared to be rescinded 

36973 and released. 

3697 1 "Article S. All the expenses attending the execution of this 

36975 indenture and compact, including those of the arbitration and 

36976 surveys hereinbefore referred to. and also those of holding the 

36977 treaty now in negotiation between the United States and the 

36978 said Seneca Xation, except so far as may be provided for by the 

36979 United States, shall be advanced and paid by the said Ogden 

36980 and Fellows. 

36981 "Article 9. The parties to this compact mutually agree to 

36982 solicit the influence of the Government of the United States to 

36983 protect such of the lands of the Seneca Indians, within the State 
36981 of New York, as may from time to time remain in their possession 

36985 from all taxes, and assessments for roads, highways, or any other 

36986 purpose until such lands shall be sold and conveyed by the said 

36987 Indians, and the possession thereof shall have been relinquished 

36988 by them. 

36989 "In witness whereof the parties to these presents have here- 

36990 unto, and to three other instruments of the same tenor and date. 

36991 one to remain with the United States, one to remain with the 

36992 State of Massachusetts, one to remain with the Seneca Xation 

36993 of Indians, and one to remain with the said Thomas Ludlow 
36991 Ogden and Joseph Fellows, interchangeably set their hands and 

36995 seals the day and year first above written : 17 

36996 Therefore, taking into consideration the premises, it is agreed 



829 



36997 and stipulated, by and between the United States of America 

36998 and the Seneca Nation of Indians, as follows, to wit : 

36999 First. The United States of America consent to the several 

37000 articles and stipulations contained in the last-recited indenture 

37001 between the said nation and the said Thomas Ludlow Ogden 

37002 and Joseph Fellows, above set forth. 

37003 Second. The United States further consent and agree that 

37004 any number of the said nation who shall remove from the State 

37005 of New York under the provisions of the above-mentioned 

37006 treaty, proclaimed as aforesaid on the fourth day of April, one 

37007 thousand eight hundred and forty, shall be entitled, in pro- 

37008 portion to their relative numbers, to all the benefits of the said 

37009 treaty. 

37010 Third. The United States of America further consent and 

37011 agree that the tenth article of said treaty, proclaimed as aforesaid 

37012 on the fourth day of April, one thousand eight hundred and 

37013 forty, be deemed and considered as modified in conformity with 

37014 the provisions of the indenture hereinabove set forth, so far as 

37015 that the United States will receive and pay the sum stipulated 

37016 to be paid as the consideration money of the improvements 

37017 therein specified, and will receive, hold, and apply the sum to be 

37018 paid, or the securities to be given for the lands therein mentioned, 

37019 as provided for in such indenture. 

37020 Proclaimed August 26, 1842. 



37021 SENECAS, TONNE WANDA BAND. 

37022 Treaty between the United States and the Tonaicanda band of Seneca 

37023 Indians, concluded at the meeting house on the < Tonaicanda 

37024 reservation, November 5, 1857 ; supplementary articles con- 

37025 eluded at the same time and place; ratified by the Senate June 

37026 4, 1858. 

37027 Javt.es Buchanan, President of the United States of America. 

37028 to all and singular to whom these presents shall come. 

37029 greeting: 

37030 Whereas a treaty was made and concluded at the meetiug- 

37031 house on the Tonawanda reservation, in the county of Genesee, 

37032 and State of New York, on the fifth day of November, one 

37033 thousand eight hundred and fifty-seven, by Charles E. Mix, as 

37034 commissioner on behalf of the United States, and the following 

37035 persons, viz : Jabez Ground, Jesse Spring, Isaac Shanks, George 

37036 Sky, and Ely S. Parker, duly authorized thereunto by the Tona- 

37037 wanda band of Seneca Indians, which treaty is in the following 

37038 words, to wit : 



830 



3/039 Articles of agreement and convention made this fifth day of 

37040 November, in the year one thousand eight hundred and 

37041 fifty-seven, at the meeting-house on the Tonawanda reser- 

37042 vation, in the county of Genesee, and State of New York, 

37043 between Charles E. Mix, commissioner on behalf of the 

37044 United States, and the following persons, duly authorized 

37045 thereto by the Tonawanda band of Seneca Indians, viz : 

37046 Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, 

37047 and Ely S. Parker. 

37048 Whereas a certain treaty was heretofore made between the 

37049 Six Nations of New York Indians and the United States on the 

37050 15th day of January, 1838, (see page 548,) and another between 

37051 the Seneca Nation of Indians and the United States on the 20th 

37052 day of May, 1842, (next preceding treaty,) by which, among 

37053 other things, the Seneca Nation of Indians granted and con- 

37054 veyed to Thomas Lucllow Ogden and Joseph Fellows the two 

37055 certain Indian reservations in the State of New York known as 

37056 the Buffalo Greek and the Tonawanda reservations, to be sur- 

37057 rendered to the said Ogden and Fellows on the performance of 

37058 certain conditions precedent defined in said treaties j and 

37059 Whereas in and by the said treaties there were surrendered 

37060 and relinquished to the United States 500,000 acres of land in 

37061 the then Territory of Wisconsin; and 

37062 Wliereas the United States, in and by said treaties, agreed 

37063 to set apart for said Indians certain lands in the Indian Terri- 

37064 tory immediately west of the Missouri, and to grant the same 

37065 to them, to be held and enjoyed in fee-simple, the quantity 

37066 of said lands being computed to afford 320 acres to each 

37067 soul of said Indians, and did agree that any individual, or any 

37068 number of said Indians, might remove to said Territory, and 

37069 thereupon be entitled to hold and enjoy said lands, and all the 

37070 benefits of said treaties, according to numbers, respectively; 

37071 and 

37072 Whereas the United States did further agree to pay the sum 

37073 of $400,000 for the removal of the Indians of New York to the 

37074 said Territory, and for their support and assistance during the 

37075 first year of their residence in said Territory ; and 

37076 Whereas the said Ogden and Fellows did agree to pay to 

37077 the said Seneca Nation of Indians, as the consideration of the 

37078 surrender and relinquishment of the said two reservations known 

37079 as the Buffalo Creek and Tonawanda reservations, certain sums 

37080 of money, one part of which was to be paid to the individual 

37081 Indians residing upon said reservations, for the improvements 

37082 held and owned by them in severalty, the amount of which 

37083 < ; improvement money 7 ' heretofore apportioned to those residing 

37084 upon the Tonawanda reservation being $15,018/^0, which 



831 



37085 money has been paid into and still remains in the Treasury of 

37086 the United States ; and 

37087 Whereas, for divers reasons and differences, the said treat ies 

37088 remain unexecuted as to the said Tonawanda reservation and 

37089 the band of Senecas residing thereon; and 

37090 Whereas it is ascertained, at the date of these articles, that 

37091 the Seneca Indians, composing the Tonawanda band and re- 

37092 siding upon the Tonawanda reservation, amount to 650 souls in 

37093 number; and 

37094 Whereas the United States are willing to exercise the lib- 

37095 eral policy which has heretofore been exercised in regard to the 

37096 Senecas, and for the purpose of relieving the Tonawandas of the 

37097 difficulties and troubles under which they labor, 

37098 These articles are entered into : 

37099 Article 1. The said persons, authorized as in the caption 

37100 hereof stated, hereby surrender and relinquish to the United 

37101 States all claims severally and in common as a band of Indians, 

37102 and as a part of the Seneca Nation, to the lands west of the 

37103 State of Missouri, and all right and claim to be removed 
37101 thither, and for support and assistance after such removal, and 

37105 all other claims against the United States under the aforesaid 

37106 treaties of 1838 and 1842, except, however, such moneys as they 

37107 may be entitled to under said treaties, paid or payable by the 

37108 said Ogden and Fellows. 

37109 Article 2. In consideration of which aforesaid surrender 

37110 and relinquishment, the United States agree to pay and invest, 

37111 in the manner hereinafter specified, the sum. of 8256,000 for the 

37112 said Tonawanda band of Indians. 

37113 Article 3. It is hereby agreed that the Tonawanda band 

37114 may purchase of the said Ogden and Fellows, of the survivor of 

37115 them, or of their heirs or assigns, the entire Tonawanda reserva- 

37116 tion. or such portions thereof as they may be willing to sell and 

37117 said band may be willing to purchase ; and the United States 

37118 undertake and agree to pay for the same out of the said sum of 

37119 $256,000, upon the express condition that the rate of purchase 

37120 shall not exceed, on an average, $20 per acre. The land 

37121 so purchased shall be taken by deed of conveyance to the 

37122 Secretary of the Interior of the United States, and his suc- 

37123 cessors in office, in fee, to be held by him in trust for the said 

37124 Tonawanda band of Indians and their exclusive use, occupation. 

37125 and enjoyment, until the legislature of the State of Xew York 

37126 shall pass an act designating some persons or public officer of 

37127 that State to take and hold said land upon a similar trust for said 

37128 Indians; whereupon they shall be granted by the said Secretary 

37129 to such persons or public officer. 

37130 Article 4. And the said Tonawanda band of Indians here- 



832 



37131 by agree to surrender, relinquish, and give up to the said Ogden 

37132 and Fellows, the survivor of them, or their assigns — provided 

37133 the whole reservation shall not be purchased — the unimproved 
37131 lands which they shall not purchase, as aforesaid, within thirty 

37135 days after this treaty shall be proclaimed by the President of 

37136 the United States, and the improved lands which they shall not 

37137 purchase, as aforesaid, on the 1st day of June, 1859. 

37138 Article 5. For the purpose of contracting for and making 

37139 purchase of the lands contemplated herein, a majority of the 

37110 chiefs and head-men of said Tonawanda band, in council assein- 

37111 bled, may appoint one or more attorneys with adequate powers, 

37112 which appointment must be approved by the Secretary of the 

37113 Interior before such attorney or attorneys can have power to 
37111 act in the premises. 

37115 Article 6. Whenever a quantity of said lands, amounting 

37116 to 6,500 acres at the least, upon the terms hereinbefore provided, 
37147 may be purchased, written notice, executed by the chiefs and 

37118 head-men in council, and acknowledged before a justice of the 

37119 supreme court of New York, or judge of the superior court of 

37150 the city of Buffalo, shall be given to the Secretary of the Interior, 

37151 whereupon the portion of said sum of 8256,000 not expended in 

37152 the purchase of lands, as aforesaid, shall be invested by the said 

37153 Secretary of the Interior in stocks of the United States, or in 
37151 stocks of some of the States, at his discretion; and the increase 

37155 arising from such investment shall be paid to the said Tonawanda 

37156 Indians at the time and in the manner that the annuities are 

37157 paid which said Indians are now entitled to receive from the 

37158 United States. 

37159 Article 7. It is hereby agreed that the sum of $15,018 T 3 Q 6 (j, 

37160 u improvement money," heretofore apportioned to the Indians 

37161 upon the Tonawanda reservation, shall be again apportioned by 

37162 an agent, to be appointed by the chiefs and head-men in council 

37163 assembled, to be approved by the Secretary of the Interior, which 
37161 agent shall make a report of such apportionment to the said Sec- 

37165 retary of the Interior, and if he concur therein the shares so as- 

37166 certained shall be paid to the individual Indians entitled thereto, 

37167 who shall surrender and relinquish to the said Ogden and Fel- 

37168 lows, or the survivor of them, or their assigns, their improve. 

37169 ments, and any balance remaining shall be paid to the chiefs and 

37170 head-men of the band, to be disbursed by them in payment of 

37171 the debts or for the use of the band. The services of the agent 

37172 to be thus appointed, and all other expenses attending the execu- 

37173 tion of these articles, are to be paid by the United States out of 
37171 any moneys coming to the Tonawandas. 



833 



37175 Supplemental articles of agreement and convention, made this fifth 

37176 day of November, in the year one thousand eight hundred and 

37177 fifty-seven, at the meeting-house on the Tonawanda reservation, 

37178 in the county of Genesee, State of Nero York, between Charles 

37179 E. Mix, commissioner on behalf of the United States, of the 

37180 first part, and the following persons, duly authorized thereunto 

37181 by the Tonawanda band of Seneca Indians, viz : Jabez 

37182 Ground, Jesse Spring, Isaac Shanks, George Shy, an/1 Ely S. 

37183 Parker, of the second part. 

37184 Whereas, at the date hereof and concurrent with the exe- 

37185 cation of this instrument, articles of agreement and convention 

37186 have been entered into between the parties aforesaid, in and by 

37187 which articles it is provided that the said Tonawanda band of 

37188 Seneca Indians may purchase portions of the Tonawanda reser- 

37189 vation, u upon the exx>ress condition that the rate of purchase 

37190 shall not exceed $20 per acre on an average." 

37191 And whereas the President of the United States may deem 

37192 it discreet and expedient that certain portions of said reserva- 

37193 tions, held in severalty by the assigns of said Ogden and Fellows, 
37191 should be purchased by said Indians if it shall be necessary so 

37195 to do, at a rate exceeding $20 per acre on an average. 

37196 E"ow, therefore, the said parties of the second part agree 

37197 that portions of said reservation may be purchased by the au- 

37198 thorized agents of said Indians for them, and paid for out of 

37199 said sum of $256,000, at a rate exceeding $20 per acre on an 

37200 average, provided the contract or contracts therefor shall be 

37201 first submitted to and approved by the President, or some pub- 

37202 lie officer to be designated by him. 

37203 And the said parties of the second part solicit the President 
37201- to accept and adopt this supplement as a part of the said arti- 

37205 cles of agreement and convention entered into concurrent with 

37206 the execution of this agreement. 

37207 Proclaimed March 31, 1859. 



37208 SENEGAS RESIDING ON THE SANDUSKY RIVER, 

37209 OHIO. 

37210 Articles of agreement and convention made and concluded at the 

37211 city of Washington on the twenty-eighth day of February, in 

37212 the year of our Lord one thousand eight hundred and thirty one, 

37213 by and between James B. Gardiner, specially appointed com- 
37211 missioner on the part of the United States, of the one part, and 

37215 the undersigned, principal chiefs and warriors of the Seneca 

37216 tribe of Indians, residing on the Sanduslcy Fiver, in the State 

105 I T 



834 



37217 of Ohio, on the part of said tribe, of the other part, for the 

37218 cession of the lands noiv owned and occupied by the said tribe 

37219 of Indians lying on the waters of the Sandushy River, and sit- 

37220 uate tvithin the territorial limits of the organized counties of 

37221 Seneca and Sandushy, in said State of Ohio. 

37222 Whereas the tribe of Seneca Indians, residing on Sandusky 

37223 River, in the State of Ohio, have earnestly solicited the Presi- 

37224 dent of the United States to negociate with them for an exchange 

37225 of the lands now owned and occupied by them for lands of the 
3722G United States west of the river Mississippi, and for the removal 

37227 and permanent settlement of said tribe : 

37228 Therefore, in order to carry into effect the aforesaid objects, 

37229 the following articles have been agreed upon : 

37230 Article 1. The Seneca tribe of Indians, in consideration 

37231 of the stipulations herein made on the part of the United States, 

37232 do forever cede, release, and quit-claim to the United States the 

37233 lands granted to them by patent, in fee-simple, by the sixth sec- 

37234 tion of the treaty made at the foot of the Rapids of the Miami 

37235 River of Lake Erie on the twenty-ninth day of September, in 

37236 the year 1817, (see page 197,) containing thirty thousand acres, and 

37237 described as follows: u Beginning on the Sandusky River at the 

37238 lower corner of the section granted to William Si3icer ; thence down 

37239 the river on the east side, with the meanders thereof at high- 

37240 water mark, to a point east of the mouth of Wolf Creek; thence, 

37241 and from the beginning, east, so far that a north line will include 

37242 the quantity of thirty thousand acres." And said tribe also cede, 

37243 as aforesaid, one other tract of land, reserved for the use of the said 

37244 Senecas by the second article of the treaty made at St. Mary's, 

37245 in the State of Ohio, on the seventeenth day of September, in 

37246 the year 1818, which tract is described in said treaty as follows : 

37247 "Ten thousand acres of land, to be laid off on the east side of 

37248 the Sandusky River, adjoining the south side of their reserva- 

37249 tion of thirty thousand acres, which begins on the Sandusky 

37250 River at the lower corner of William Spicer's section, and ex- 

37251 eluding therefrom the said William Spicer's section;" making, 

37252 in the whole of this cession, forty thousand acres. 

37253 AliTlCLE 2. In consideration of the cessions stipulated in 

37254 the foregoing article, the United States agree to cause the said 

37255 tribe of Senecas, consisting of about four hundred souls, to be 

37256 removed, in a convenient and suitable manner, to the western 

37257 side of the Mississippi River, and will grant them, by patent, 

37258 in fee simple, as long as they shall exist as a nation and remain 

37259 on the same, a tract of land situate on and adjacent to the 

37260 northern boundary of the lands heretofore granted to the Chero- 

37261 kee Nation of Indians, and adjoining the boundary of the State 



37262 of Missouri, which tract shall extend fifteen miles from east to 

37263 west and seven miles from north to south, containing about six ty- 

37264 seven thousand acres, be the same more or less, for which the 

37265 President of the United States shall cause letters-patent to be 

37266 issued, in due form of law, agreeably to the act of the last ses- 

37267 sion of Congress. 

37268 Article 3. The United States will defray the expenses of 

37269 the removal of the said Senecas, and will moreover supply them 

37270 with a sufficiency of wholesome provisions to support them for 

37271 one year after their arrival at their new residence. 

37272 Article 4. Out of the first sales to be made of the lands 

37273 herein ceded by the Senecas, the United States will cause a grist- 

37274 mill, a saw-mill, and a blacksmith-shop to be erected on the 

37275 lands herein granted to the Senecas, with all necessary tools, to 

37276 be supported and kept in operation, at the expense of the United 

37277 States, for the sole benefit of the said Senecas, and for these pur- 

37278 poses the United States will employ a miller and a blacksmith 

37279 for such term as the President of the United States, in his dis- 

37280 cretion, may think proper. 

37281 Article 5. As the Seneca Indians on their removal will 

37282 stand in need of funds to make farms and erect houses, it is 

37283 agreed that the United States will advance them six thousand 

37284 dollars, in lieu of the improvements which they have made on 

37285 the lands herein ceded to the United States, which sum shall be 

37286 reimbursed from the sales of the lands ceded. An equitable 

37287 distribution of this sum shall be made by the chiefs, with the 

37288 consent of the tribe, in general council assembled, to such indi- 

37289 viduals of the tribe as, having left improvements, may be prop- 

37290 erly entitled to receive the same. 

37291 Article 6. The live stock, farming utensils, and other 

37292 chattel property which the Senecas now own, and may not be 

37293 able to take with them, shall be sold by some agent, to be ap- 

37294 pointed by the President, and the proceeds paid to the owners 

37295 of such property, respectively. 

37296 Article 7. The expenses of the chiefs in coming to and re- 

37297 maining at Washington and returning to Ohio, as well as the 

37298 expenses and per diem pay of the native interpreter accompany- 

37299 ing them, shall be paid by the United States. 

37300 Article 8. The United States will expose to public sale 

37301 to the highest bidders, at such time and in such manner as the 

37302 President may direct, the tracts of land herein ceded by the 

37303 Seneca Indians ; and, after deducting from the proceeds of such 

37304 sale the minimum price of the public lands, the cost of building 

37305 the saw and grist mills and blacksmith-shop for the Senecas, 

37306 the cost of surveying the lands, and the sum of six thou- 

37307 sand dollars to be advanced in lieu of their present im- 



836 



37308 improvements, it is agreed that any balance which may remain 

37309 of the avails of the lands after sale as aforesaid shall constitute 

37310 a fund for the future exigencies of the tribe, on which the Gov- 

37311 ernment of the United States consent and agree to pay to the 

37312 chiefs of the nation, for the use and general benefit of the nation, 

37313 annually, five per cent, on said balance, as an annuity ; and if, 

37314 at any time hereafter, the Seneca chiefs, by and with the con- 

37315 sent of their tribe in general council assembled, shall make 

37316 known to the President their desire that the fund thus to be 

37317 created should be dissolved and given to the tribe, the Presi- 

37318 dent shall cause the same to be paid over to them, in such man- 

37319 ner as he may direct ; provided he shall become satisfied of the 

37320 propriety of so doing. 

37321 Article 9. It is agreed that any annuity accruing to the 

37322 Senecas by former treaties shall be paid to them at their in- 

37323 tended residence west of the Mississippi, under the direction of 

37324 the President. 

37325 Article 10. The United States hereby agree to give to the 

37326 Senecas, as presents, one hundred rifles, as soon as practicable, 

37327 and four hundred blankets for the use of the tribe, to be deliv- 

37328 ered to them at such time and place as may be directed by the 

37329 Secretary of War. Also fifty ploughs, fifty hoes, and fifty axes 

37330 will be given to the tribe, as aforesaid, to assist them in com- 

37331 mencing farming. 

37332 Article 11. The chiefs of the Senecas, being impressed 

37333 with gratitude towards Henry G. Brish, their sub-agent, for his 

37334 private advances of money and provisions, and numerous other 

37335 acts of kindness towards them, as well as his extra services in 

37336 coming with them to Washington, and having expressed a 

37337 wish that a quarter section of a hundred and sixty acres of the 

37338 lands ceded by them should be granted to him in consideration 

37339 thereof, the same is hereby granted to him and his heirs, to be 

37340 located under the direction of the President of the United 

37341 States. 

37342 Article 12. The lands granted by this agreement and con- 

37343 vention to the Seneca tribe of Indians shall not be sold or ceded 

37344 by them except to the United States. 

37345 Article 13. It is communicated by the chiefs here that, 

37346 in council, before they left home, it was agreed by the tribe 

37347 that, for their services in coming to the city of Washington, 

37348 each should receive one hundred dollars, to be paid by said 

37349 tribe. At the request of said chiefs, it is agreed that the 

37350 United States will advance the amount, to wit, five hundred 

37351 dollars, to be hereafter reimbursed from the sale of their lands in 

37352 Ohio. 

37353 Proclaimed March 24, 1831. 



837 



37354 SENECAS AND SHAWNEES. 

37355 Articles of agreement made and concluded at the Seneca agency, on 

37356 the head-waters of the CowsMn River, (his 2§th day <>/' Decern- 

37357 her, in the year of oar Lord one thousand eight hundred and 

37358 thirty -two, by and between Henry L. JEllsivorth and John F. 

37359 Schermerhorn, commissioners on behalf of the United States, 

37360 and the chiefs and head-men of the u United Nation" of the 

37361 Senecas and Shawnee Indians, on behalf of said tribe or na 

37362 Hon. 

37363 Whereas certain articles of agreement and convention were 

37364 concluded at Lewistown, Ohio, on the 20th day of July, A. 1). 

37365 1831, by and between the United States and the chiefs and war- 

37366 riors of the mixed band of the Senecas and Shawnee Indians, 

37367 residing at or near Lewistown, in the State of Ohio ; and 

37368 Whereas, by the 2nd article of said agreement, the United 

37369 States stipulated and agreed with said tribe in the words follow- 

37370 ing, to wit : " to grant by patent, in fee-simple, to them and their 

37371 heirs forever, as long as they shall exist as a nation and remain on 

37372 the same, a tract of land, to contain sixty thousand acres, to be 

37373 located under the direction of the President of the United 

37374 States, contiguous to the lauds granted to the Senecas of San- 

37375 dusky by the treaty made with them at the city of Washington 

37376 on the 28th of February, 1831, and the Cherokee settlements. 

37377 The east line of said tract shall be within two miles of the west 

37378 line of the lands granted to the Senecas of Sandusky; and the 

37379 south line shall be withiu two miles of the north line of the 

37380 lands held by the Cherokees ; and said two miles between the 

37381 aforesaid lines shall serve as a common passway between the 

37382 before-mentioned tribes, to prevent them from intruding upon 

37383 the lands of each other." And the treaty aforesaid was ratified 

37384 and confirmed by the President and Senate of the United States 

37385 on the 6th day of April, A. D. 1832 ; and 

37386 Whereas the said mixed band of Senecas and Shawnees 

37387 removed from their homes in Ohio, to settle upon the lands 

37388 assigned them west of the Mississippi, in pursuance of the pro 

37389 visions and stipulations of the treaty aforesaid ; and 

37390 Whereas the said Senecas from Sandusky and the mixed 

37391 band of Senecas and Shawnees have lately formed a con federacy, 

37392 and have expressed their anxiety to unite as one tribe or nation. 

37393 to be called the " United Nation of Senecas and Shawnees," to 

37394 occupy their lands as tenants in common, and have the whole of 

37395 the country provided for them by the United States located on 



838 



37396 the east side of Ne-o-sho or Grand Eiver, which runs through 

37397 and now divides the same : 

37398 For the purpose of affording a more convenient and satisfac- 

37399 tory location to said united nation, the parties aforesaid do, 

37400 therefore, hereby'stipulate and agree as follows : 

37401 Article 1. The united tribe of Senecas and Shawnee In - 

37402 diaus do hereby cede, relinquish, and forever quit-claim to the 

37403 United States, all the land granted to them on the west side of 

37404 Ne o sho or Grand Eiver, by treaties made respectively with the 

37405 Senecas of Sandusky and the mixed band of Senecas and Shaw- 

37406 nees of Lewistown, Ohio, on the 20th day of July, 1831, and on 

37407 the 28th day of February, 1831. (See next preceding treaty.) 

37408 Article 2. In consideration of said lands, described and 

37409 ceded as aforesaid, the United States will grant, by letters- 

37410 patent, to the tribe or nation of Indians aforesaid, in manner as 

37411 hereinafter mentioned, the following tract of land lying on the 

37412 east side of Ne-o-sho or Grand Eiver, viz: Bounded on the east 

37413 by the west line of the State of Missouri ; south, by the present 

37414 established line of the Cherokee Indians ; west, by Ne-o-sho or 

37415 Grand Eiver; and north by a line running parallel with said 

37416 south line, and extending so far from the present north line of 

37417 the Seneca Indians from Sandusky as to contain sixty thousand 

37418 acres, exclusive of the land now owned by said Seneca Indians, 

37419 which said boundaries include, however, all the land heretofore 

37420 granted said Senecas of Sandusky on the east side of Grand 

37421 Eiver. And the United States will grant said tract of land by 

37422 two letters-patent ; the north half, in quantity, to be granted to 

37423 the mixed baud of the Senecas and Shawnees of Ohio, and the 

37424 south half to the Senecas from Sandusky, aforesaid ; the whole 

37425 to be occupied in common so long as the said tribes or bands 

37426 shall desire the same. The said patents shall be granted in fee- 

37427 simple; but the lands shall not be sold or ceded without the 

37428 consent of the United States. 

37429 Article 3. The United States, at the request of said 

37430 "United Nation," agree to erect immediately a grist-mill, a saw- 

37431 mill, and a blacksmith-shop, and furnish the necessary tools 

37432 and machinery in anticipation of a re-imbursement from sales of 

37433 land ceded to the United States by the treaties aforesaid, of 

37434 28th of February, 1831, and July 20th, 1831, and so far in fulfil- 

37435 ment of the same. 

37436 Article 4. The United Nation of Seneca and Shawnees 

37437 having presented a claim for money advanced by them for for- 

37438 age while removing to their new homes in the West, and for 

37439 horses and other property lost on the journey, the United States, 

37440 in order to a final settlement of such claim, agree to pay oue 

37441 thousand dollars, as follows, viz : Six hundred dollars to the 



839 



37442 Seneca tribe of Indians from Sandusky; and the sum of lour 

37443 hundred dollars to the Senccas and Shawnees from Lewistown, 

37444 Ohio, to be distributed by their respective tribes among the 

37445 claimants, as they may deem just and equitable; and to be 

37446 received by them in full payment and satisfaction of all the 

37447 claims aforesaid. 

37448 Article 5. Nothing in these articles of agreement shall be 

37449 construed to effect the respective rights of the Seneca tribe of 

37450 Indians from Sandusky, and the Senecas and Shawnees from 

37451 Lewistown, Ohio, as secured by existing treaties, except so far 

37452 as said treaties are inconsistent with the provisions of the < r irti- 

37453 cles aforesaid. 

37454 Article 6. This agreement and treaty shall be binding 

37455 and obligatory upon the contracting parties from and after its 

37456 ratification by the President and Senate of the United States 

37457 Proclaimed March 22, 1833. 



37458 SENECAS, MIXED SENECAS AND SHAWNEES, QUA- 
37450 PAWS, ETC. 



37460 Treaty beticeen the United States of America and the Senecas, 

37461 Mixed Senecas and Shawnees, Quapaws, Confederated Feorias, 

37462 Kaslutsldas, Weas. and FianTcesliaws, Ottawas of Blancliard's 

37463 Fork and Roche de Bce-uf, and certain Wyandottes ; concluded 

37464 February 23, 1867 ; ratification advised, with amendments, 

37465 June 18, 1S68; amendments accepted September 1, 7, 8, and 

37466 15, 1868. 



37467 Andrew Johnson, President of the United States of America. 

37468 to all and singular to whom these presents shall come, greet- 
37460 ing : 

37470 Whereas a treaty was made and concluded at the city of 

37471 Washington, in the District of Columbia, on the twenty-third 

37472 day of February, in the year of our Lord one thousand eight 

37473 hundred and sixty-seven, by and between Lewis Y. Bogy, TV ill - 

37474 iam H. Watson, Thomas Murphy. George C. Snow, and G. A. 

37475 Colton, commissioners on the part of the United States, and 

37476 certain chiefs, delegates, and head-men of the Senecas, Mixed 

37477 Senecas and Shawnees, Quapaws, Confederated Peorias, Kas- 

37478 kaskias, Weas, and Piankeshaws, Miamies, Ottowas of Blanch- 
37470 ard's Fork and Roche de Bceuf, and certain Wyandottes, on the 
37480 part of said Indians, and duly authorized thereto by them, 
374S1 which treaty is in the words and figures following, to wit: 
37482 Articles of agreement, coucluded at Washington, D. C. the 



840 



37483 twenty-third day of February, one thousand eight hundred 

37484 and sixty-seven, between the United States, represented by 

37485 Lewis V. Bogy, Commissioner of Indian Affairs, W. H. Wat- 

37486 son, special commissioner, Thomas Murphy, superintendent 

37487 of Indian affairs, George 0. Snow, and G. A. Colton, IT. S- 

37488 Indian agents, duly authorized, and the Senecas, repre- 

37489 sented by George Spicer and John Mush ; the Mixed Sene- 

37490 cas and Shawnees, by John Whitetree, John Young, and 

37491 Lewis Davis; the Quapaws, by S. G. Yallier and Ka-zhe- 

37492 cah ; the Confederated Peorias, Kaskaskias, Weas, and Pi- 

37493 ankeskaws, by Baptiste Peoria, John Mitchell, and Edward 

37494 Black ; the Miamies, by Thomas Metosenyah and Thomas 

37495 Bichardville ; and the Ottawas of Blanchard's Fork and 

37496 Koche de Bceuf, by John White and J. T. Jones, and in- 

37497 eluding certain Wyandott[e]s, represented by Tauromee, or 

37498 John Hat, and John Karaho. 

37499 Whereas it is desirable that arrangements should be made 

37500 by which portions of certain tribes, parties hereto, now residing 

37501 in Kansas, should be enabled to remove to other lands in the 

37502 Indian country south of that State, while other portions of said 

37503 tribes desire to dissolve their tribal relations, and become citi- 

37504 zeus; and 

37505 Whereas it is necessary to provide certain tribes, parties 

37506 hereto, now residing in the Indian country, with means of 

37507 rebuilding their houses, re-opening their farms, and supporting 
37608 their families, they having been driven from their reservations 

37509 early in the late war, and suffered greatly for several years, and 

37510 being willing to sell a portion of their lauds to procure such re- 

37511 lief; and 

37512 Whereas a portion of the Wyandottes, parties to the 

37513 treaty of one thousand eight hundred and fifty-five, although 
37511 taking lands in severalty, have sold said lands, and are still 

37515 poor, and have not been compelled to become citizens, but have 

37516 remained without clearly recognized organization, while others 

37517 who did become citizens are unfitted for the responsibilities of 

37518 citizenship ; and 

37519 Whereas the Wyandottes, treated with in eighteen hundred 

37520 and fifty-five, have just claims against the Government, which 

37521 will enable the portion of their people herein referred to to begin 

37522 anew a tribal existence : 

37523 Therefore it is agreed : 

-37524 Article 1. The Senecas cede to the United States a strip 

37525 of land on the north side of their present reservation in the In 

37526 dian country; the land so ceded to be bounded on the east by 

37527 the State of Missouri, on the north by the north line of the res- 

37528 ervation, on the west by the Neosho Biver, and running south 



841 



37529 for the necessary distance, to contain twenty thousand acres ; 

37530 for which the Government is to pay twenty thousand dollars 

37531 upon the ratification of this treaty ; the south line of said tract 

37532 to be ascertained by survey, at the cost of the United States. 

37533 Article 2. The Senecas now confederated with the Shaw- 

37534 nees, and owning an undivided half of a reservation in the In 

37535 dian country immediately north of the Seneca reservation men- 

37536 tioned in the preceding article, cede to the United States one- 

37537 half of said Seneca and Shawnee reserve, which it is mutually 

37538 agreed shall be the north half, bounded on the east by the State 

37539 of Missouri, north by the Quapaw reserve, west by the Neosho 

37540 Eiver, and south by an east and west line bisecting the present 

37541 Seneca and Shawnee reserve into equal parts, the said line to be 

37542 determined by survey, at the expense of the United States ; for 

37543 which tract of laud, estimated to contain about thirty thousand 

37544 acres, the United States will pay the sum of twenty-four thou- 

37545 sand dollars. 

37546 Article 3. The Shawnees, heretofore confederated with 

37547 the Senecas, cede to the United States that portion of their re 

37548 maining lands, bounded as follows : Beginning at a point where 

37549 Spring Eiver crosses the south line of the tract in the second 

37550 article ceded to the United States ; thence down said river to 

37551 the south line of the Shawnee reserve ; thence west to the Neo- 

37552 sho Eiver ; thence up said river to the south line of the tract 

37553 ceded in the second article ; and thence east to the place of be* 

37554 ginning, supposed to contain about twelve thousand acres, the 

37555 area to be ascertained by survey, at the expense of the United 

37556 States; the United States to pay for the same at the rate of one 

37557 dollar per acre, as soon as the area shall be ascertained. 

37558 Article 4. The Quapaws cede to the United States that 

37559 portion of their land lying in the State of Kansas, being a strip 

37560 of land on the north line of their reservation, about one half 

37561 mile in width, and containing about twelve sections in all, ex- 

37562 cepting therefrom one half section to be patented to Samuel G. 

37563 Yallier, including his improvements. Also, the further tract 

37564 within their present reserve, bounded as follows : Beginning at 

37565 a point in the Neosho Eiver where the south line of the Quapaw 

37566 reserve strikes that stream; thence east three miles; thence 

37567 north to the Kansas boundary-line ; thence west on said line to 

37568 the Neosho Eiver ; thence down said river to the place of begin- 

37569 ning; and the United States will pay to the Quapaws for the 

37570 half-mile strip lying in Kansas at the rate of one dollar and 

37571 twenty-five cents per acre whenever the area of the same shall 

37572 be ascertained ; and for the other tract described in this article 

37573 at the rate of one dollar and fifteen cents per acre whenever 

37574 the area of the same shall be ascertained by survey, said survey 

106 i T 



842 



37575 to be made at the cost of the tribe to which said tract is herein 

37576 provided to be sold under the pre-emption laws of the United 

37577 States; but all such pre-emption shall be paid in the money of 

37578 the United States, at the proper land- office within one year from 

37579 the date of entry and settlement. 

37580 PROVISIONS RELATING TO THE SENEGAS. 

37581 Article 5. The Senecas now confederated with the Shaw- 

37582 nees, the said Shawnees thereto consenting, agree to dissolve their 

37583 connection with the said Shawnees, and to unite with the Senecas, 

37584 parties to the treaty of February twenty-eighth, one thousand 

37585 eight hundred and thirty-one, (see page 833,) upon their reserva- 

37586 tion described in article second of said treaty; and the several 

37587 bands of Senecas will unite their funds into one common fund for 

37588 the benefit of the whole tribe ; and an equitable division shall be 

37589 made of all funds or annuities now held in common by the Sene- 

37590 cas and Shawnees. 

37591 Article 6. Of the sum of twenty-four thousand dollars to 

37592 be paid to the Senecas, as provided in the second article, the 

37593 sum of four thousand dollars shall be paid to them immediately 

37594 after the ratification of this treaty, to enable them to re-establish 

37595 their homes and provide themselves with agricultural iinple- 

37596 ments, seed, and provisions for themselves and their families ; 

37597 and the balance of the said first-mentioned sum, being twenty 

37598 thousand dollars, shall be consolidated with the twenty thousand 

37599 dollars in the first article provided to be paid, and invested for 

37600 the tribe of Senecas, as constituted by this treaty, at five per 

37601 cent, interest, to be paid per capita semi-annually; and their 

37602 annuity of five hundred dollars in specie, provided by article 

37603 four of the treaty of September twenty-ninth, one thousand 

37604 eight hundred and seventeen, shall likewise become the property 

37605 of the tribe. 

37606 Article 7. The amount annually due the Senecas under 

37607 the provisions of article four of the treaty of February twenty - 

37608 eight, one thousand eight hundred and thirty-one, for black- 

37609 smith, after their separation from the Shawnees, shall be annu- 

37610 ally paid to them as a national fund, to enable them to purchase 

37611 such articles for their wants and improvements in agriculture as 

37612 the chiefs, with the consent of their agent, may designate ; and 

37613 this provision shall apply also to the fund for support of a miller 

37614 belonging to the Senecas heretofore occupying the southernmost 

37615 reserve referred to in this treaty ; and there shall be added to 

37616 the said fund whatever amount belonging to either band of the 

37617 Senecas shall be found due and unpaid upon an examination of 

37618 their accounts with the Gorernment, and particularly the amount 

37619 of bonds and stocks invested in their name; and the interest 



843 



37620 tbereon shall be annually paid to the said Senecas for the pur- 

37621 poses mentioned in this article. 

37622 PROVISIONS RELATING TO THE SUA WW EES. 

37623 Article 8. Of the amount in the third article provided to 

37624 be paid to the Shawnees by the United States for the lands 

37625 therein ceded, the sum of two thousand dollars shall be advanced 

37626 to them to be used in establishing their homes, and the balance 

37627 of the said amount shall be invested for the said tribe, under 

37628 the name of Eastern Shawnees, and five per cent, be paid semi- 

37629 annually thereon ; and the amount due and unpaid upon the bonds 

37630 or stocks invested in their name shall be paid to them, as well as 

37631 the interest thereon hereafter to become due, to be used under 

37632 the direction of the chiefs, with the consent of the agent, for the 

37633 purchase of agricultural implements or other articles necessary 

37634 for the general welfare of the people 5 and the one-half of the 

37635 blacksmith fund remaining after the division to be made with 

37636 the Senecas provided for in article five shall remain devoted to 

37637 the same purpose and the Government will add thereto the sum 

37638 of five hundred dollars annually for five years. 

37639 PROVISIONS RELATING: TO THE QUAPAWS. 

37640 Article 9. Of the amount to be paid to the Quapaws for 

37641 the lands ceded by them in the fourth article of this treaty, the 

37642 sum of five thousand dollars shall be paid to them upon the rati- 

37643 fication of this treaty, to assist them in re-establishing thein- 

37644 selves at their homes upon their remaining reservation ; and the 

37645 balance of said amount shall be invested as a permanent fund at 

37646 five per cent, interest, payable per capita, semi-annually. 

37647 Article 10. If the Osage mission school should be closed, 

37648 so that the school fund of the Quapaws cannot be used for them 

37649 to advantage at that institution, the said fund shall remain in 

37650 the Treasury of the United States until such time as it can, 

37651 under the direction of the Secretary of the Interior, with the 

37652 consent of the chiefs, be used to advantage in establishing a 

37653 school upon their reservation. 

37654 Article 11. The amount now due and unpaid for a farmer, 

37655 under the provisions of the third article of their treaty of May 

37656 thirteen, one thousand eight hundred and thirtj-eight [three], 

37657 may be used by the chiefs and council for the purchase of pro 

37658 visions, farming-implements, seed, and otherwise for the pur 

37659 pose of assisting the people in agriculture ; and their annual in- 

37660 come now paid for farmer shall hereafter be set apart for the 

37661 purposes of assistance and improvement in agriculture. 



844 



37662 CLAIMS FOR LOSSES BY THE WAE. 

37663 Article 12. Whereas the aforesaid Senecas, Mixed Senecas 
37661 andShawnees, and Quapawswere driven from their homes during 

37665 the late war, and their property destroyed, it is agreed that a 

37666 commission of not to exceed two persons shall be appointed by 

37667 the Secretary of the Interior who shall proceed to their country 

37668 and make careful investigation of their claims for losses, and 

37669 make full report of the same to the Department : and the Secre- 

37670 tary of the Interior shall, upon such report, make such awards 

37671 as he may deem equitable and just ; and upon such award 

37672 the United States will pay the claimants the amounts declared 

37673 to be due, and report the same to Congress. 

37671 PROVISIONS IN RELATION TO THE WYANDOTTES. 

37675 Article 13. The United States will set apart for the Wy- 

37676 andottes for their future home the land ceded by the Senecas in 

37677 the first article hereof, and described in said article, to be owned 

37678 by the said Wyandottes in common y. u and the Secretary of the 

37679 Interior is hereby authorized and required to appoint three per- 

37680 sons, whose duty it shall be to ascertain and report to the De- 

37681 partment the amount of money, if any, due by the United 

37682 States to the Wyandottfe] Indians under existing treaty stipula- 

37683 tions, and the items mentioned in Schedule A, appended to this 
37681 treaty, and the report of the persons so appointed, with the evi- 

37685 deuce taken, shall be submitted to Congress for action at its 

37686 next session.' 7 A register of the whole people, resident in Kan- 

37687 sas and elsewhere, shall be taken by the agent of the Delawares, 

37688 under the direction of the Secretary of the Interior, on or before 

37689 the first of July, one thousand eight hundred and sixty-seven. 

37690 which shall show the names of all who declare their desire to be 

37691 and remain Indians, and in a tribal condition, together with in- 

37692 competents and orphans, as described in the treaty of one thou- 

37693 sand eight hundred and fifty-five ; and all such persons, and 
37691 those only, shall hereafter constitute the tribe : Provided, That 

37695 no one who has heretofore consented to become a citizen, nor 

37696 the wife or children of any such person, shall be allowed to be 

37697 come members of the tribe except by the free consent of the 

37698 tribe after its new organization, and unless the agent shall cer- 

37699 tify that such party is through poverty or incapacity unfit to 

37700 continue in the exercise of the responsibilities of citizenship) of 

37701 the United States and likely to become a public charge. 

37702 Article 11. Whenever the register in the next preceding 

37703 article shall have been completed and returned to the Commis- 
37701 sioner of Indian Affairs, the amount of money in said article 
37705 acknowledged to be due to the YVyandott[e]s shall be divided, 



845 



37706 and that portion equitably clue to the citizens of said people 

37707 shall be paid to them or their heirs, under the direction of the 

37708 Secretary of the Interior; and the balance, after deducting the 

37709 cost of the land purchased from the Senecas by the first article 

37710 hereof, and the sum of five thousand dollars to enable the Wy- 

37711 andott[e]s to establish themselves in their new homes, shall be 

37712 paid to the Wyandottfe] tribe per capita. 

37713 Article 15. All restrictions upon the sale of lands as- 
37711 signed and patented to u incompetent" Wyandott[e]s under the 

37715 fourth article of the treaty of one thousand eight hundred and 

37716 fifty-five, shall be removed after the ratification of this treaty, 

37717 but no sale of lands heretofore assigned to orphans or incoinpe- 

37718 tents shall be made under decree of any court, or otherwise, for 

37719 or on account of any claim, judgment, execution, or order, or for 

37720 taxes, until voluntarily sold by the patentee, or his or her heirs, 

37721 with the approval of the Secretary of the Interior; and whereas 

37722 many sales of land belonging to this class have heretofore been 

37723 made, contrary to the spirit and intent of the treaty of one 
37721 thousand eight hundred and fifty-five, it is agreed that a thor- 

37725 ough examination and report shall be made, under direction of 

37726 the Secretary of the Interior, in order to ascertain the facts re- 

37727 lating to all such cases; and, upon a full examination of such re- 

37728 port and hearing of the parties interested, the said Secretary 

37729 may confirm the said sales, or require an additional amouut to 

37730 be paid, or declare such sales entirely void, as the very right of 

37731 the several cases may require. 

37732 PROVISIONS RELATING TO THE OTTAWAS. 

37733 Article 16. The west part of the Shawnee reservation, 
37.731 ceded to the United States by the third article, is hereby sold 

37735 to the Ottawas, at one dollar per acre; and for the purpose of 

37736 paying for said reservation the United States shall take the 

37737 necessary amount, whenever the area of such land shall be found 

37738 by actual survey, from the funds in the hands of the Government 

37739 arising from the sale of the Ottawa trust-lands, as provided in 
37710 the ninth article of the treaty of one thousand eight hundred 

37741 and sixty-two, and the balance of said fund, after the payment 

37742 of accounts provided for in article five of the treaty of one 

37743 thousand eight hundred and sixty-two, shall be paid to the tribe 

37744 per capita. 

37745 Article 17. The provisions of the Ottawa treaty of one fchou- 

37746 sand eight hundred and sixty-two, (see page 599,) under which all 

37747 the tribe were to become citizens upon the sixteenth of July, one 

37748 thousand eight hundred and sixty-seven, are hereby extended for 

37749 two years, or untilJuly sixteenth, one thousand eight hundred and 

37750 sixty mine; but any time previous to that date any member of 



846 



37751 the tribe may appear before the United States district court for 

37752 Kansas, and declare his intention to become a citizen, when he 

37753 shall receive a certificate of citizenship, which shall include his 
37751 family, and thereafter be disconnected with the tribe, and shall 

37755 be entitled to his proportion of the tribal fund; and all who 

37756 shall not have made such declaration previous to the last-men- 

37757 tioned date shall still be considered members of the tribe. In 

37758 order to enable the tribe to dispose of their property in Kansas, 

37759 and remove to their new homes and establish themselves thereon, 

37760 patents in fee-simple shall be given to the heads of families and 

37761 to all who have come of age among the allottees under the 

377 62 the treaties of one thousand eight hundred and sixty-two, so that 

37763 they may sell their lands without restriction ; but the said lands 
37761 shall remain exempt from taxation so long as they may be retained 

37765 by members of the tribe down to the said sixteenth of July, one 

37766 thousand eight hundred and sixty-nine; and the chiefs and 

37767 council of the said tribe shall decide in the case of disputed 

37768 heirship to real estate, taking as a rule the laws of inheritance 

37769 of the State of Kansas. 

37770 Article 18. The United States agree to pay claim of 

37771 J. T. Jones, for which a bill of appropriation has passed one of 

37772 the branches of Congress, but which has been withdrawn from 

37773 before Congress, being for destruction by fire of his dwelling 
37771 and other property by whites, in one thousand eight hundred 

37775 and fifty-six, shall be allowed and paid to him, amounting to six 

37776 thousand seven hundred dollars. 

37777 Article 19. The sixth article of the treaty of one thousand 

37778 eight hundred and sixty-two (see page 601) shall remain unchanged 

37779 except as provided in this article. The children of the tribe be- 

37780 tween the ages of six and eighteen (6 and 18) shall be entitled to be 

37781 received at said institution, and to be subsisted, clothed, edu- 

37782 cated, and attended in sickness, where the sickness is of such a 

37783 nature that the patient promises a return to study within a 
37781 reasonable period; the children to be taught and practised in 

37785 industrial pursuits suitable to their age and sex, and both sexes 

37786 in such branches of learning, and to receive such advantages as 

37787 the means of the institution will permit; these rights and privi- 

37788 leges to continue so long as any children of the tribe shall 

37789 present themselves for their exercise. And the Secretary of the 

37790 Interior and the senior corresponding secretary of the American 

37791 Baptist Home Mission Society shall be members ex officio of the 

37792 board of trustees, with power to vote in person or by proxy, it 

37793 being the special intention of this provision to furnish additional 

37794 supervision of the institution, so that the provisions of this 

37795 article may be carried into effect in their full spirit and intent. 

37796 Article 20. It is further agreed that the remaining unsold 



847 



37797 portion of trust-lands of the Ottawas, amounting to seven thou- 

37798 sand two hundred and twenty-one and twenty one-hundredths 

37799 acres, shall be sold to the trustees of Ottawa University, to be 

37800 disposed of for the benefit of said institution at the appraised 

37801 value thereof, and that the said trustees shall have until July 

37802 sixteenth, one thousand eight hundred and sixty-nine, to dispose 

37803 of the same and pay to the Government the value of said lands : 

37804 Provided, That the said trustees shall furnish, within thirty 

37805 days after the ratification of this treaty, to the Secretary of the 

37806 Interior, a satisfactory bond for the fulfilment of their obliga- 

37807 tions. 

37808 PROVISIONS RELATING TO THE PEORIAS, KASKASK1AS, WEAS, 

37809 AND PIANKESHAWS. 

37810 Article 21. Whereas certain arrangements have been 

37811 made by the chiefs of the confederated tribes of Peorias, Kas- 

37812 kaskias, Weas, and Piankeshaws for the sale to actual settlers 

37813 of the lands held by them in common, being nine and one-half 

37814 sections, for a reasonable consideration, according to the terms 

37815 of a certain petition of the said tribe, with schedule annexed, 

37816 (which schedule is annexed to this treaty, and marked "B,") 

37817 dated December twenty-sixth, one thousand eight hundred and 

37818 sixty-six, filed in the office of the Commissioner of Indian 

37819 Affairs, it is agreed that the said arrangements shall be carried 

37820 into full effect, and the purchasers thereunder shall receive 

37821 patents from the United States for the lands so purchased, upon 

37822 making full payment for the same to the Secretary of the Inte- 

37823 rior, and the amount already paid by said purchasers, as appears 

37824 from said schedule and in the hands of the chiefs, shall be paid 

37825 to the Secretary of the Interior, and the Avhole amount of the 

37826 purchase-money shall also be paid to the said Secretary on or 

37827 before the first day of June, one thousand eight hundred and 

37828 sixty-seven, and shall be held by him for the benefit of the tribe, 

37829 subject to the provisions of this treaty. 

37830 Article 22. The land in the second and fourth articles of 

37831 this treaty proposed to be purchased from the Senecas and Qua- 

37832 paws, and lying south of Kansas, is hereby granted and sold 

37833 to the Peorias, &c, and shall be pail for, at the rate paid for 

37834 the same by the Government, out of the proceeds of the nine 

37835 and a half sections referred to in the last preceding article, 

37836 adding thereto whatever may be necessary out of other moneys 

37837 in the hands of the United States belonging to said Peorias, &c. 

37838 Article 23. The said Indians agree to dispose of their 

37839 allotments in Kansas and remove to their new homes in the 

37840 Indian country within two years from the ratification of this 

37841 treaty ; and to that end the Secretary of the Interior is author- 



848 



37842 ized to remove altogether the restrictions upon the sales of their 

37843 lands provided under authority of the third article of the treaty 

37844 of May thirtieth, one thousand eight hundred and fifty-four, in 

37845 such manner that adult Indians may sell their own lands, and that 

37846 the lands of minors and incompetents may be sold by the chiefs, 

37847 with the consent of the agent, certified to the Secretary of the 

37848 Interior and approved by him. And if there should be any 

37849 allotments for which no owner or heir thereof survives, the chiefs 

37850 may convey the same by deed, the purchase-money thereof to be 

37851 applied, under the direction of the Secretary, to the benefit of 

37852 the tribe; and the guardianship of orphan children shall remain 

37853 in the hands of the chiefs of the tribe, and the said chiefs shall 

37854 have the exclusive right to determine who are members of the 

37855 tribe and entitled to be placed upon the pay-rolls. 

37856 Article 24. An examination shall be made of the books 

37857 of the Indian Office, and an account-current prepared, stating 

37858 the condition of their funds, and the representations of the 

37859 Indians for overcharges for sales of their lands in one thousand 

37860 eight hundred and fifty-seven and one thousand eight hundred 

37861 and fifty-eight shall be examined and reported to Congress ; and 

37862 in order further to assist them in preparing for removal and in 

37863 paying their debts, the farther amount of twenty-five thousand 

37864 dollars shall be at the same time paid to them per capita from 

37865 the sum of one hundred and sixty-nine thousand six hundred 

37866 and eighty- six dollars and seventy-five cents, invested for said 

37867 Indians under act of Congress of July twelfth, one thousand 
'3186S eight hundred and sixty-two ; and the balance of said sum of 

37869 one hundred and sixty-nine thousand six hundred and eighty - 

37870 six dollars and seventy-five cents, together with the sum of 

37871 ninety-eight thousand dollars now invested on behalf of the 

37872 said Indians in State stocks of Southern States, and the sum of 

37873 three thousand seven hundred dollars, being the balance of in - 

37874 terest, at five per cent, per annum, on thirty-nine thousand nine 

37875 hundred and fifty dollars held by the United States, from July, 

37876 one thousand eight hundred and fifty-seven, till vested in Kan- 

37877 sas bonds in December, one thousand eight hundred and sixty - 

37878 one, after crediting five thousand dollars thereon heretofore 

37879 receipted for by the chiefs of said Indians, shall be and remain 

37880 as the permanent fund of the said tribe, and five per cent, be 

37881 paid semi-annually thereon, per capita, to the tribe ; and the 

37882 interest due upon the sum of twenty-eight thousand five hun- 

37883 died dollars in Kansas bonds, and upon sixteen thousand two 

37884 hundred dollars in United States stocks, now held for their 

37885 benefit, shall be paid to the tribe semi-annually, in two equal 

37886 payments, as a permanent school-fund income : Provided, That 

37887 there shall be taken from the said invested fund and paid to 



849 



37888 the said tribe, per capita, on the first of July, one thousand 

37889 eight hundred and sixty-eight, the sum of thirty thousand 

37890 dollars, to assist them in establishing themselves upon their 

37891 new homes; and at any time thereafter, when the chiefs 

37892 shall represent to the satisfaction of the Secretary of the Jntc- 

37893 rior that an additional sum is necessary, such sum may be taken 

37894 from their invested fund : And provided also, That the said in 

37895 vested fund shall be subject to such division and diminution as 

37896 may be found necessary in order to pay those who may become 

37897 citizens their share of the funds of the tribe. 

37898 Article 25. Whereas taxes have been levied by the au- 

37899 thority of the State of Kansas upon lands allotted to members 

37900 of the tribe, the right and justice of which taxation is not ac- 

37901 knowledged by the Indians, and on which account they have 

37902 suffered great vexation and expense, and which is now a matter 

37903 in question in the Supreme Court of the United States, it is 

37904 agreed that, in case that court shall decide such taxes unlawful, 

37905 the Government will take measures to secure the refunding of 

37906 said taxes to such of the Indians as have paid them. 

37907 Article 26. The Peorias, Kaskaskias, Weas, and Pianke- 

37908 shaws agree that the Miamies may be confederated with them 

37909 upon their new reservation, and own an undivided right in said 

37910 reservation in proportion to the sum paid, upon the payment 

37911 by the said Miamies of an amount which, in proportion to the 

37912 number of the Miamies who shall join them, will be equal to 

37913 their share of the purchase-money in this treaty provided to be 

37914 paid for the land, and also upon the payment into the common 

37915 fund of such amount as shall make them equal in annuities to 

37916 the said Peorias, &c, the said privilege to remain open to the 

37917 Miamies two years from the ratification of this treaty. 

37918 Article 27. The United States agree to pay the said 

37919 Indians the sum of one thousand five hundred dollars per year 

37920 for six years for their blacksmith and for necessary iron and 

37921 steel and tools ; in consideration of which payment the said tribe 

37922 hereby relinquish all claims for damages and losses during the 

37923 late war, and at the end of the said six years any tools or ma- 

37924 terials remaining shall be the property of the tribe. 

37925 Article 28. Inasmuch as there may be those among the in 

37926 who may desire to remain in Kansas and become citizens of the 

37927 United States, it is hereby provided that, within six months 

37928 after the ratification of this treaty, a register shall be taken by 

37929 the agent, which shall show the names separately of all who 

37930 voluntarily desire to remove, and all who desire to remain and 

37931 become citizens; and those who shall elect to remain may 

37932 appear before the judge of the United States district court for 

37933 Kansas and make declaration of their intention to become citi- 

107 I t 



850 



37934 zeus, and take the oath to support the Constitution of the United 

37935 States ; and upon filing of a certificate of such declaration 

37936 and oath in the office of the Commissioner of Indian Affairs 

37937 they shall be entitled to receive the proportionate share of them- 

37938 selves and their children in the invested funds and other coin- 

37939 mon property of the tribe ; and therefrom they and their 

37940 children shall become citizens, and have no farther rights in the 

37941 tribe ; and all the females who are heads of families, and single 

37942 women of full age, shall have the right to make such declaration 

37943 and -become disconnected from the tribe. 

37944 Articles 29 to 39, inclusive, stricken out. 

37945 Article 40. If any amendments shall be made to this 

37946 treaty by the Senate, it shall only be necessary to submit the 

37947 same for the assent of the particular tribe or tribes interested ; 

37948 and should any such amendments be made, and the assent of 

37949 the tribe or tribes interested not obtained, the remainder of the 

37950 treaty not affected by such amendment shall nevertheless take 

37951 effect and be in force. 

37952 Article 41. The expenses of negotiating this treaty, not 

37953 exceeding twelve thousand dollars, shall be paid by the United 

37954 States. 



37955 B. — Names of settlers, Nos. of land and price thereof, together with the amount 

37956 deposited hy each settler, on the ten-section reserve in Miami County, Kansas. 



37957 


Names. 


Quarter. 


| Section. 
| Township. 


<D 
bl 

a 
a 

fi 


Number of 
acres. 


Price per 
acre. 


Sum depos- 
ited. 


Total. 


37958 


Andrew J. Sinclair. 


E.l 


23 




24 


320 


$4 00 


$426 66 


$1,280 00 


37959 


Zacheus Hays 


NW. audE. £0 


26 


L6 




160 


4 75 










SW.and SE. S> 


22 






120 


4 50 


433 00 


1,300 00 






of NW. j 














37960 


Randolph Boyd... 


NE 


26 






160 


4 75 


253 33 


760 00 


37961 


John Nichols and 


W. h SE 








80 


3 75 


100 00 


300 00 




William Gray. 


















37962 


John Martin 


SE 


L9 




25 


160 


5 25 






37963 


Same 


S. k SE 


18 




80 


5 00 


500 00 


1,240 00 


37964 


David H. Bant a. . . 


SW 


L9 






160 


5 00 


267 00 


800 00 


37965 


Reuben Fellows .. 


SW 


27 




24 


160 


4 00 


214 00 


640 00 


37966 


J. T. Pifer 


NW 








160 


3 50 


186 00 


560 00 


37967 


Leroy W. Martin . . 


NE 


19 




25 


160 


5 25 


200 00 


840 00 


37968 


Charles Converse . 


E.^NW.andW. 


30 






200 


4 25 




850 00 






k and NE \ 




















of NE. 

















851 



37969 
37970 

37971 

37972 
37973 
37974 

37975 
37976 
37977 



37978 
37979 



B.— Names of settlers, Nos. of land and price thereof #c— Continued. 

> i 



Names. 



Quart. 



2S & * % 

I J) O 1 C5 C3 



o ce 



Benjamin Win- SE , 

grove. 

Same SW. of SE . 

Samuel McKinney j SW 

Squire James Wal- NE .... 

ler. 

George A. Whitta- E. <§ 

ker. 

William Smith E. I SE. and ,28 

SE. of NE 



6 1? . . 
27 1624 



Edward Morgan.. N. | and SW. 

iofNW.,and 
NW.lofSW. 



6 1 



Albert Benndorf.J S. -iNE 



160 

40 
160 
160 

320 



4 25 1 

! 1 226 66 
4 00 J 

4 00 213 33 
3 30 165 00 



840 on 

640 00 
528 00 



4 50 480 00 1,440 00 



120 4 00, 



25 100 



4 001 215 0G 



. 22 16 24 



80 3 50 95 00 



Charles Martin ... . NW., S. i, and 1 16 25 2801 3 50 



ISO mi 
640 00 



280 00 
980 00 



N W. I of SW. 

37980 Francis Hastings Half , 

and William j 
Morgan, jr. 

37981 Joel 0. Loveridge, I E. ^ and SW. } 

Geo. W. Lover- of SW. 
idge, Alfred Lov- 
eridge, jointly. 



37982 


Isaac Shaw 


NE 


37983 


Jacob Sims 


SE 


37984 


Zacheus Hays 


SW 


37985 


Town tract*. 


N. h 


37986 


Ambrose Shields.. 


NE 


37937 


Anthony Cott 


SE 


37988 


Edward Dagenett." 


37939 


Total 





■>:: 



24 320 4 00 4-26 66 1,280 00 



760 4 00 1,013 33 3,040 00 



1 17 24 160 

13 16 24 160 

26 16 24 160 

3lL. m 320 

34|l6 ! 24 160 



5 00: 250 00 

3 50 

3 50 



800 00 
560 00 
560 00 



4 00 1,280 00 



3 50 



22 16 24 160' 3 00 



17 25 



so 



5,680 



4 00 



560 00 
4S0 00 
320 00 



5,664 97 22,278 00 



37990 The three last-named are half-breed Indians, who will be- 

37991 come citizens. Said Shields has 5 children, said Cott 3, and 

37992 Dagenette 2. William Smith, the settler aforesaid, has a half- 

37993 breed wife and 2 children. He takes said 120 acres in full of the 

* This tract to be conveyed to David Perry and Chas. Sims, on payment of said 
one thousand two hundred and eighty dollars by June first. 

1 19 aud 18. t 24 and 13. 



852 



37994 interest of his family in net proceeds of the reserve, and is to 

37995 pay one hundred and sixty dollars ($160) besides. 

37996 Said Shields, Cott, and Dagenett take their respective tracts 

37997 at the price stated, in lien of a like sum of the shares of the in - 

37998 selves and families in the net proceeds of the reserve: Provided, 

37999 That, should the share of either family in the net proceeds of 
3S000 the reserves be less than the price agreed for the land taken by 

38001 the head of such family, then the deficit to be paid in money as 

38002 by other settlers. The title in each of the four cases last men- 

38003 tioned to be made jointly to the various members of the family, 

38004 by name, whose shares in said proceeds pay for same. 

38005 Joshua Clayton takes SB. J section 36, township 16, range 

38006 24, 160 acres, at $1 per acre, and deposits $213 ; total payment, 
3S007 $640.00. 

38008 Knoles Shaw, W. J of SE. \ section 6, townfship] 17, range 

38009 25, 80 acres; has deposited $94; total payment, $280.00. 

38010 Thos. Morgan and John W. Majors takeE. I of said quarter, 

38011 at $3 per acre; deposited, $9; total, $240.00. 

38012 There is [are] 80 acres un taken, for which a purchaser will 

38013 be named by the chiefs before 1st June next. 

38014 Total land disposed of, 6,000 acres. 

38015 Total money deposited, $5,970.00. 

38016 Total amount at prices agreed, 23,438.00. 

38017 The above lands to be patented to the persons aforesaid, or 

38018 their representatives, on prompt payment of the price agreed, by 

38019 1st Jane, 1867 : Provided. That if any settler refuse or neglect 

38020 to pay as aforesaid, then the tract of land by him claimed to be 

38021 sold under sealed bids. 

38022 Proclaimed October 14, 1868. 



38023 SEVEN NATIONS OF CANADA. 

38024 At a treaty held at the city of New Yorlc with the nations or tribes 

38025 of Indians denominating themselves the Seven Nations of Can* 

38026 ada, Abraham Ogden, commissioner appointed under the ait- 

38027 thority of the United States to hold the treaty ; Ohnaweio, 

38028 alias Goodstream, Teharagwanegen, alias Thomas Williams, 

38029 two chiefs of the Caghnawagas ; Atiatoharongwan, alias Col- 

38030 onel Leivis Coolc, a chief of the St. Regis Indians, and Wil- 

38031 Ham Gray, deputies authorized to represent these Seven Na- 

38032 tions or tribes of Indians at the treaty, and Mr. Gray serving 

38033 also as interpreter ; Egbert Benson, Richard VaricJc, and 

38034 James Waston, agents for the State of New Yorlc ; William 



853 

38033 Constable and Daniel M'GormicJc, purchaser* under Alexander 

3803G Macomb. 

38037 The agents lor the State having, in the presence and with 

38038 the approbation of the commissioner, proposed to the deputies 

38039 for the Indians the compensation hereinafter mentioned for the 

38040 extinguishment of their claim to all lands within the State, and 

38041 the said deputies being willing to accept the same, it is there- 

38042 upon granted, agreed, and concluded between the said deputies 

38043 and the said agents, as follows : The said deputies do, for and 

38044 in the name of the said Seven Nations or tribes of Indians, cede, 

38045 release, and quit-claim to the people of the State of New York, 
3804G forever, all the claim, right, or title of them, the said Seven 

38047 Nations or tribes of Indians, to lands within the said State : 

38048 Provided, nevertheless, That the tract equal to six miles square, 

38049 reserved in the sale made by commissioners of the land-office of 

38050 the said State to Alexander Macomb, to be applied to the use 

38051 of the Indians of the village of St. Eegis, shall still remain so 

38052 reserved. The said agents do, for and in the name of the people 

38053 of the State of New York, grant to the said Seven Nations or 

38054 tribes of Indians that the people of the State of New York 

38055 shall pay to them, at the mouth of the river Chazy, on Lake 

38056 Champlain, on the third Monday in August next, the sum of one 

38057 thousand two hundred and thirty- three pounds six shillings and 

38058 eight pence, and the further sum of two hundred and thirteen 

38059 pounds six shillings and eight pence, lawfull money of the said 

38060 State, and on the third Monday in August, yearly, forever there- 

38061 after, the like sum of two hundred and thirteen pounds six 

38062 shillings and eight pence : Provided, nevertheless. That the peo. 

38063 pie of the State of New l^ork shall not be held to pay the said 

38064 sums, unless in respect to the two sums to be paid on the 

38065 third Monday in August next, at least twenty, and in re- 

38066 s£>ect to the said yearly sum to be paid thereafter, at least 

38067 five of the principal men of the said Seven Nations or tribes 

38068 of Indians shall attend as deputies to receive and give receipts 

38069 for the same. The said deputies having suggested that 

38070 the Indians of the village of St. Eegis have built a mill on 

38071 Salmon River, and another on Grass River, and that the mead- 

38072 ows on Grass River are necessary to them for hay, in order, 

38073 therefore, to secure to the Indians of said village the use of the 

38074 said mills and meadows, in case they should hereafter appear 

38075 not to be included within the above tract so to remain reserved, 

38076 it is, therefore, also agreed and concluded between the said 
3S077 deputies, the said agents, and the said William Constable and 

38078 Daniel M'Cormick, for themselves and their associates, pur 

38079 chasers under the said Alexander Macomb, of the adjacent lands. 



854 



oSOSO tli at there shall be reserved, to be applied to the use of the In- 

38081 dians of the said village of St. Regis, in like manner as the said 

38082 tract is to remain reserved, a tract of one mile square at each of 

38083 the said mills, and the meadows on both sides of the said Grass 
35084 River from the said mill thereon to its confluence with the river 

38085 St. Lawrence. 

38086 Ratified January 31, 1797. 



38087 SIOUX— YASKTOX TKIBE. 

38088 A treaty of peace and friendship made and concluded between Wil- 

38089 Ham ClarTc, Ninian Edwards, and Auguste Chouteau, commis- 

38090 sioners plenipotentiary of the United States of America, on the 

38091 part and behalf of the said States, of the one part, and the 

38092 undersigned chiefs and warriors of the Yancton tribe of Indi- 

38093 ans, on the part and behalf of their said tribe, of the other part. 

38091 The parties being desirous of re establishing peace and 

38095 friendship between the United States and the said tribe, and of 

3S09G being placed, in all things and in every respect, on the same 

38097 footing upon which they stood before the late war between the 

38098 United States and Great Britain, have agreed to the following 

38099 articles : 

38100 Aeticle 1. Every injury or act of hostility committed by 

38101 one or either of the contracting parties against the other, shall 

38102 be mutually forgiven and forgot. 

38103 Aeticle 2. There shall be perpetual peace and friendship 

38104 between all the citizens of the United States of America and all 

38105 the individuals composing the said Yancton tribe, and all the 

38106 friendly relations that existed between them before the war shall 

38107 be, and the same are hereby, renewed. 

38108 Aeticle 3. The undersigned chiefs and warriors, for them- 

38109 selves and their said tribe, do hereby acknowledge themselves to 

38110 be under the protection of the United States of America, and 

38111 of no other nation, power, or sovereign whatsoever. 

38112 Proclaimed July 19, 1815. 

38113 Articles of a treaty made at the city of Washington, between Carey 

38114 A. Harris, thereto specially authorised by the President of the 

38115 United States, and the Yankton tribe of Sioux Indians, by their 

38116 chiefs and delegates. 

38117 Aeticle 1. The Yankton tribe of Sioux Indians cede to the 

38118 United States all the right and interest in the land ceded by the 



855 



38119 treaty concluded with them and other tribes on the fifteenth of 

38120 July, 1830, (proclaimed February 24,1831,) which they mighl 

38121 be entitled to claim by virtue of the phraseology employed in 

38122 the second article of said treaty. 

38123 Article 2. In consideration of tbe cession contained in the 

38124 preceding article, the United States stipulate to pay them four 

38125 thousand dollars, ($4,000.) It is understood and agreed that 

38126 fifteen hundred dollars ($1,500) of this sum shall be expended in 

38127 tbe purchase of horses and presents, upon the arrival of the 

38128 chiefs and delegates at St. Louis ; two thousand dollars ($2,000) 

38129 delivered to them in goods, at the expense of the United States, 

38130 at the time their annuities are delivered next year; and live 

38131 hundred dollars ($500) be applied to defray the expense of re- 

38132 moving the agency building and blacksmith's shop from their 

38133 present site. 

38134 Article 3. The expenses of this negotiation and of the 

38135 chiefs and delegates signing this treaty to this city and to their 

38136 homes to be paid by the United States. 

38137 Article 4. This treaty to be binding upon the contracting 

38138 parties when the same shall be ratified by the United States. 

38139 Proclaimed February 21, 1838. 

38140 Treaty between the United States of America and the Yancton tribe 

38141 of Sioux or Dacotah Indians, concluded at Washington April 

38142 19, 1858 ; ratified by the Senate February 16, 1859. 

38143 James Buchanan, President of the United States of America, 

38144 to all and singular to whom these presents shall come, 

38145 greeting : 

38146 Whereas a treaty was made and concluded at the city of 

38147 Washington on the nineteenth day of April, one thousand eight 

38148 hundred and fifty-eight, by Charles E. Mix, as a commissioner on 

38149 the part of the United States, and the following-named chiefs 

38150 and delegates of the Yancton tribe of Sioux or Dacotah Indians, 

38151 viz: 

38152 Pa-la-ne-a-jM-pe, the man that was struck by the Pee. 

38153 Ma-to-sa-be c/ie-a ? the smutty bear. 

38154 Charles F. Picotte, Et-ke-cha. 

38155 Ta-ton-ka-wete-co, the crazy bull. 

38156 Pse-cha-wa-ftea, the jumping thunder. 

38157 Ma-ra-/i«-ton, the iron horn. 

38158 Xombe-kah-pah, one that knocks down two. 

38159 Ta-ton-ka-e-yah-ka, the fast bull. 

38160 A-ha-ka-ma-ne, the walking elk. 

38161 A-ha-ka-na-zhe, the standing elk. 

33162 A-ha-ka-ho-che-cha, the elk with a bad voic3. 



856 



oSWS Clia-ton-wo-ka-pa, the grabbing hawk. 
3S164 E-ha-we-cha-sha, the owl man. 

38165 Pla-son-wa-&<m-na-ge, tbe white medicine cow that stands. 
3S166 Ma-ga-scha-c7ie-ka, the little white swan. 

38167 Oke-c7ie-?a-wash-ta, the pretty boy. 

38168 They being thereto duly authorized by said tribe, which 

38169 treaty is in the following words, to wit : 

38170 Articles of agreement and convention made and concluded at 

38171 the city of Washington, this nineteenth day of April, A. D. 

38172 one thousand eight hundred and fifty-eight, by Charles E. 

38173 Mix, commissioner on the part of the United States, and the 

38174 following-named chiefs and delegates of the Yancton tribe 

38175 of Sioux or Dacotah Indians, viz : 

38176 Pa-la-ne-a-^a-pe, the man that was struck by the Ree. 

38177 Ma-to-sa-be-c7ie-a, the smutty bear. 

38178 Charles F. Picotte, Eta-ke-cha. 

38179 Ta-ton-ka-trete-co, the crazy bull. 

38180 Pse-cha-wa-7ce<x, the jumping thunder. 

38181 Ma ra-7^-ton, the iron horn. 

38182 Nombe-kah-pah, one that knocks down two. 

38183 Ta-ton-ka-e-ya7i-ka, the fast bull. 

38184 A-7ta-ka-wa-ne, the walking elk. 

38185 A-7m-ka-na-zhe, the standing elk. 

38186 A-7^-ka-ho-c7ie-cha, the elk with a bad voice. 

38187 Cha-ton-?(?o-7oi-pa, the grabbing hawk. 

38188 E-ha-we-c7m-sha, the owl man. 

38189 'Plsb-son-wn-Jcan-na-ge, the white medicine cow that stands. 

38190 Ma-ga-scha-c7ie-7<;a, the little white swan. 

38191 Oke-c7^-7a-wash-ta, the pretty boy. 

38192 (The three last names signed by their daly-authorized 

38193 agent and representative, Charles F. Picotte,) they being thereto 

38194 duly authorized and empowered by said trioe of Indians. 

38195 Article 1. The said chiefs and delegates of said tribe of 

38196 Indians do hereby cede and relinquish to the United States all 

38197 the lands now owned, possessed, or claimed by them wherever 

38198 situated, except four hundred thousand acres thereof situated 

38199 and described as follows, to wit : Beginning at the mouth of the 

38200 Naw-izi-wa-koopak or Chouteau River and extending up the 

38201 Missouri River thirty miles ; thence due north to a point ; 

38202 thence easterly to a point on the said Chouteau Eiver ; thence 

38203 down said river to the place of beginning, so as to include the 

38204 said quantity of four hundred thousand acres. They also 

38205 hereby relinquish and abandon all claims and complaints about 

38206 or growing out of any and all treaties heretofore made by them 

38207 or other Indians, except their annuity rights under the treaty of 

38208 Laramie of September 17, A. D. 1851. 



857 



35209 X. B. — This treaty of Laramie is understood not to have been 

35210 ratified, and is uot in print : it is given at the end of the volume. 

35211 Article 2. The land so ceded and relinquished by the 

38212 said chiefs and delegates of the said tribe of Yanctons is 

38213 and shall be known and described as follows, to wit : 

38214 " Beginning at the mouth of the Tchan-kas-an-data or 
3S215 Calumet or Big Sioux Biver: thence up the Missouri River 

38216 to the mouth of the Pa-hah-wa-kan or East Medicine Knoll 

38217 Biver : thence up said river to its head ■ thence in a direc- 

38218 tion to the head of the main fork of the Wan-dusk-kah-for or 

38219 Snake Biver , thence down said river to its junction with the 
3S220 Tchan-san-san or Jaques or James Biver : thence in a direct 

38221 line to the northern point of Lake Kampeska ; thence along the 

38222 northern shore of said lake and its outlet to the junction of 

38223 said outlet with the said Big Sioux Biver; thence down the 

38224 Big Sioux Biver to its junction with the Missouri Biver."' 

38225 And they also cede and relinquish to the United States all 

38226 their right and title to and in all the islands of the Missouri 

3822 7 Biver. from the mouth of the Big Sioux to the mouth of the 

38228 Medicine Knoll River. 

38229 And the said chiefs and delegates hereby stipulate and agree 

38230 that all the lands embraced in said limits are their own, and 

38231 that they have full and exclusive right to cede and relinquish 

38232 the same to the United States. 

38233 Article 3. The said chiefs and delegates hereby further 

38234 stipulate and agree that the United States may construct and 

38235 use such roads as may be hereafter necessary across their said res* 

38236 ervation by the consent and permission of the Secretary of the In- 

38237 terior. and by first paying the said Indians all damages and the 

38238 fair value of the land so used for said road or roads, which said 

38239 damages and value shall be determined in such manner as the 

38240 Secretary of the Interior may direct. And the said Yanctons 

38211 hereby agree to remove and settle and reside on said reservation 

38212 within one year from this date. and. until they do so remove, 

38213 (if within said year.) the United States guarantee them in the 
38211 quiet and undisturbed possession of their present settlements. 

38215 Article 1. In consideration of the foregoing cession, reliu- 

38216 quishment, and agreements, the United States do hereby agree 

38217 and stipulate as follows, to wit : 

38218 1st. To protect the said Yanctons in the quiet and peaceable 

38219 possession of the said tract of four hundred thousand acres of 

38250 land so reserved for their future home, and also their persons 

38251 and property thereon during good behavior on their part. 

38252 2d. To pay to them, or expend for their benefit, the sum of 

38253 sixty=five thousand dollars per annum, for ten years, commenc- 
38251 ing with the year in which they shall remove to and settle and 

108 I T 



858 



3 3255 reside upon their said reservation ; forty thousand dollars per 

38256 annum for and during ten years thereafter j twenty-five thou- 

38257 sand dollars per annum for and during ten years thereafter 

38258 and fifteen thousand dollars per annum for and during twenty 

38259 years thereafter ; making one million and six hundred thousand 
382G0 dollars in annuities in the period of fifty years, of which sums the 

38261 President of the United States shall, from time to time, deter- 

38262 mine what proportion shall be paid to said Indians in cash, 

38263 and what proportion shall be expended for their benefit, and also 

38264 in what manner and for what objects such expenditure shall be 

38265 made, due regard being had in making such determination to 

38266 the best interests of said Indians. He shall likewise exercise 

38267 the power to make such provision out of said sums as he 

38268 may deem to be necessary and proper for the support and com- 

38269 fort of the aged or infirm, and helpless orphans of the said 

38270 Indians. In case of any material decrease of said Indians in 

38271 number .the said amounts may, in the discretion of the Presi- 

38272 dent of the United States, be diminished and reduced in propor- 

38273 tion thereto ; or they may, at the discretion of the President of 

38274 the United States, be discontinued entirely, should said Indians 

38275 fail to make reasonable and satisfactory efforts to advance and 

38276 improve their condition, in which case such other provisions 

38277 shall be made for them as the President and Congress may 

38278 judge to be suitable and proper. 

38279 3d. In addition to the foregoing sum of one million and six 

38280 hundred thousand dollars as annuities to be paid to or ex- 

38281 pencled for the benefit of said Indians during the period of fifty 

38282 years, as before stated, the United States hereby stipulate and 

38283 agree to expend for their benefit the sum of fifty thousand dol- 

38284 lars more, as follows, to wit : Twenty -five thousand dollars in 

38285 maintaining and subsisting the said Indians during the first year 

38286 after their removal to and permanent settlement upon their said 

38287 reservation, in the purchase of stock, agricultural implements, or 

38288 other articles of a beneficial character, and in breaking up and 

38289 fencing land; in the erection of houses, store-houses, or other 

38290 needful buildings, or in making such other improvements as 

38291 may be necessary for their comfort and welfare. 

38292 4th. To expend ten thousand dollars to build a school-house 

38293 or school-houses, and to establish and maintain one or more 

38294 normal-labor schools (so far as said sum will go) for the educa- 

38295 tion and training of the children of said Indians in letters, agri- 

38296 culture, the mechanics arts, and housewifery, which school or 

38297 schools shall be managed and conducted in such manner as the 

38298 Secretary of the Interior shall direct. The said Indians hereby 

38299 stipulating to keep constantly thereat during at least nine months 

38300 in the year, all their children between the ages of seven and eight- 



859 



38301 een years; and if any of the parents, or others Laving the care of 

38302 children, sliall refuse or neglect to send them to school, such 

38303 parts of their annuities as the Secretary of the Interior may 

38304 direct, shall be withheld from them and applied as he may deem 

38305 just and proper; and such further sum, in addition to the said 

38306 ten thousand dollars, as shall be deemed necessary and proper 

38307 by the President of the United States, shall be reserved and 

38308 taken from their said annuities and applied annually during 

38309 the pleasure of the President to the support of said schools, and 

38310 to furnish said Indians with assistance and aid and instruction 

38311 in agricultural and mechanical pursuits, including the working 

38312 of the mills, hereafter mentioned, as the Secretary of the Inte- 

38313 rior may consider necessary and advantageous for said Indians ; 

38314 and all instruction in reading shall be in the English language. 

38315 And the said Indians hereby stipulate to furnish from amongst 

38316 themselves the number of young men that may be required as ap- 

38317 prentices and assistants in the mills and mechanic shops, and at 

38318 least three persons to work constantly with each white laborer em- 

38319 ployed for them in agriculture and mechanical pursuits, it being 

38320 understood that such white laborers and assistants as may be 

38321 so employed are thus employed more for the instruction of the 

38322 said Indians than merely to work for their benefit; and that 

38323 the laborers so to be furnished by the Indians may be allowed 

38324 a fair and just compensation for their services, to be fixed by 

38325 the Secretary of the Interior, and to be paid out of the shares 

38326 of annuity of such Indians ^as are able to work but refuse or 

38327 neglect to do so. And whenever the President of the United 

38328 States shall become satisfied of a failure on the part of said In* 

38329 dians to fulfil the aforesaid stipulations he may, at his discre- 

38330 tion, discontinue the allowance and expenditure of the sums so 

38331 provided and set apart for said school or schools and assistance 

38332 and instruction. 

38333 5th. To provide the said Indians with a mill suitable for 

38334 grinding grain and sawing timber ; one or more mechanic shops? 

38335 with the necessary tools for the same; and dwelling-houses for 

38336 an interpreter, miller, engineer for the mill, (if one be necessary,) 

38337 a farmer, and the mechanics that may be employed for their 

38338 benefit, and to expend therefor a sum not exceeding fifteen thou- 

38339 sand dollars. 

38340 Aetiole 5. Said Indians further stipulate and bind them- 

38341 selves to prevent any of the members of their tribe from destroy - 

38342 ing or injuring the said houses, shops, mills, machinery, stock, 

38343 farming-utensils, or any other thing furnished them by the Gov- 

38344 eminent, and in case of any such destruction or injury of any of 

38345 the things so furnished, or their being carried off by any member 

38346 or members of their tribe, the value of the same shall be deducted 



860 



33347 from their general annuity j and whenever the Secretary of the 

38348 Interior shall be satisfied that said Indians have become suffi- 

38349 ciently confirmed in habits of industry and advanced in the ae- 

38350 quisition of a practical knowledge of agriculture and the mechanic 

38351 arts to provide for themselves, he may, at his discretion, cause 

38352 to be turned over to them all of the said houses and other prop- 

38353 erty furnished them by the United States, and dispense with the 

38354 services of any or all persons hereinbefore stipulated to be em* 

38355 ployed for their benefit, assistance, and instruction, 

38356 Article 6. It is hereby agreed and understood that th8 

38357 chiefs and head-men of said tribe may, at their discretion, in open 

38358 council, authorize to be paid out of their said annuities such a sum 

38359 or sums as may be found to be necessary and proper, not exceeding 

38360 in the aggregate one hundred and fifty thousand dollars, to satisfy 

38361 their just debts and obligations, and to provide for such of their 

38362 half-breed relations as do not live with them, or draw any part of 

38363 the said annuities of said Indians : Provided, however, That their 

38364 said determinations shall be approved by their agent for the time 

38365 being and the said payments authorized by the Secretary of the 

38366 Interior: Provided, also, That there shall not be so paid out of 

38367 their said annuities in any one year a sum exceeding fifteen 

38368 thousand dollars, 

38369 Article 7. On account of their valuable services and lib. 
3 S3 70 erality to the Tanctons, there shall be granted in fee to Charles 
33371 I\ Picotte and Zephyr Rencontre, each, one section of six hum 

38372 dred and forty acres of land : and to Paul Dorian one-half a sec- 

38373 tion ; and to the half-breed Yancton, wife of Charles Eeulo, and 

38374 her two sisters, the wives of Eli Bedand and Augustus Traverse, 

38375 and to Louis Le Count, each, one-half a section. The said grants 

38376 shall be selected in said ceded territory, and shall not be within 

38377 said reservation, nor shall they interfere in any way with the 

38378 improvements of such persons as are on the lands ceded above 

38379 by authority of law ; and all other persons (other than Indians 

38380 or mixed-bloods) who are now residing within said ceded coum 

38381 try, by authority of law, shall have the privilege of entering 
33382 one hundred and sixty acres thereof, to include each of their 

38383 residences or improvements, at the rate of one dollar and 

38384 twenty-five cents per acre. 

38385 Article 8. The said Yancton Indians shall be secured in 

38386 the free and unrestricted use of the red pipe-stone quarry, or 

38387 so much thereof as they have been accustomed to frequent and 

38388 use for the purpose of procuring stone for pipes ; and the United 

38389 States hereby stipulate and agree to cause to be surveyed and 
33390 marked so much thereof as shall be necessary and proper for 
38391 that purpose, and retain the same and keep it open and free to 



861 



3S392 the Indians to visit and procure stone for pipes so long as I uej 

38393 shall desire. 

38391 Article 9. The United States shall have the right to estab- 

38395 lish and maintain such military posts, roads, and I ndian agen- 

38396 cies as may be deemed necessary within the tract of country 

38397 herein reserved for the use of the Yanctons; but no greater 

38398 quantity of land or timber shall be used for said purpose- than 

38399 shall be actually requisite ; and if, in the establishment or 

38100 maintenance of such posts, roads, and agencies the property of 
38401 any Yancton shall be taken, injured, or destroyed, just and 

38102 adequate compensation shall be made therefor by the United 

38103 States. 

38101 Article 10. No white person, unless in the employment of 

38105 the United States, or duly licensed to trade with the Yanctons, 

38106 or members of the families of such persons, shall be permitted 

38107 to reside or make any settlement upon any part of the tract 

38108 herein reserved for said Indians, nor shall said Indians alienate, 

38109 sell, or in any manner dispose of any portion thereof except to 

38110 the United States. Whenever the Secretary of the Interior shall 

38111 direct, said tract shall be surveyed and divided as he shall think 

38112 proper among said Indians, so as to give to each head of a fam- 

38113 ily or single person a separate farm, with such rights of posses- 

38114 sion or transfer to any other member of the tribe or of descent 

38115 to their heirs and representatives as he may deem just. 

38416 Article 11. The Yanctons acknowledge their dependence 

38117 upon the Government of the United States, and do hereby 

38118 pledge and bind themselves to preserve friendly relations with 

38119 the citizens thereof, and to commit no injuries or depredations 

38120 on their persons or property, nor on those of members of any 

38421 other tribe or nation of of Indians ; and in case of any such in- 

38422 juries or depredations by said Yanctons, full compensation 

38423 shall, as far as possible, be made therefor out of their tribal an- 

38424 nuities, the amount in all cases to be determined by the Secre- 

38425 tary of the Interior. They further pledge themselves not to 

38426 engage in hostilities with any other tribe or nation, unless in 

38427 self-defence, but to submit, through their agent, all matters of 

38428 dispute and difficulty between themselves and other Indians for 

38429 the decision of the President of the United States, and to acqui- 

38430 esce in and abide thereby. They also agree to deliver to the 

38431 proper officer of the United States all offenders against the 

38432 treaties, laws, or regulations of the United States, and to assist 

38433 in discovering, pursuing, and capturing all such offenders who 

38434 may be within the limits of their reservation whenever required 

38435 to do so by such officer. 

38436 Article 12. To aid in preventing the evils,of intemperance. 

38437 it is hereby stipulated that if any of the Yanctons shall drink, 



t 



862 



38438 or procure for others, intoxicating liquor, their proportion of the 

38439 tribal annuities shall he withheld from them for at least one year ; 

38440 and for a violation of any of the stipulations of this agreement 

38441 on the part of the Yanctons, they shall be liable to have their 

38442 annuities withheld, in whole or in part, and for such length of 

38443 time as the President of the United States shall direct. 

38444 Article 13. No part of the annuities of the Yanctons shall 

38445 be taken to pay any debts, claims, or demands against them, 

38446 except such existing claims aud demands as have been herein 

38447 provided for, and except such as may arise under this agree- 

38448 ment, or under the trade and intercourse laws of the United 

38449 States. 

38450 Article 14. The said Yanctons do hereby fully acquit and 

38451 release the United States from all demands against them on the 

38452 part of said tribe, or any iudividual thereof, except the before- 

38453 mentioned right of the Yanctons to receive an annuity under 

38454 said treaty of Laramie, and except, also, such as are herein stip- 

38455 ulatecl and provided for. 

38456 Article 15. For the special benefit of the Yanctons, parties 

38457 to this agreement, the United States agree to appoint an agent 

38458 for them, who shall reside on their said reservation, and shall 

38459 have set apart for his sole use and occupation, at such a point 
38160 as the Secretary of the Interior may direct, one hundred and 

38461 sixty acres of land. 

38462 Article 16. All the expenses of the making of this agree 

38463 ment, and of surveying the said Yancton reservation, and of 

38464 surveying and marking said pipe-stone quarry, shall be paid by 

38465 the United States. 

38466 Article 17. This instrument shall take effect and be obli- 

38467 gatory upon the contracting parties whenever ratified by the 

38468 Senate and the President of the United States. 

38469 Proclaimed February 26, 1859. 



38470 SIOUX— YANKTON AI BAND. 

38471 Treaty between the United States of America and the Yanktonai 

38472 band of Dakota or Sioux Indians, concluded October 20, 1865; 

38473 ratification advised, with amendment, March 5, 1866. 

38474 Andrew Johnson, President of the United States of America, 

38475 to all and singular to whom these presents shall come, 

38476 greeting: 

38477 Whereas a treaty was made and concluded at Fort Sully, 

38478 in the Territory of Dakota ? on the twentieth day of October, in 



863 



38479 the year of our Lord oue thousand eight hundred and sixty-five, 

38480 by and between Newton Edmunds, Edward B. Taylor, Major- 

38481 General S. R. Curtis, Brigadier-General H. H. Sibley, Henry 

38482 W. Beed, and Orrin Guernsey, commissioners on the part of 

38483 the United States, and M'Doka, (the Buck,) Mah-to-wak-kouah, 

38484 (He that runs the Bear,) and other chiefs and head-men of the 

38485 Yanktonai band of Dakota or Sioux Indians, on the part of said 

38486 band of Indians, and duly authorized thereto by them, which 

38487 treaty is in the words and figures following, to wit : 

38488 Articles of a treaty made and concluded at Eort Sully, in the 

38489 Territory of Dakota, by and between Newton Edmunds, 

38490 governor and ex-officio superintendent of Indian affairs of 

38491 Dakota Territory, Edward B. Taylor, superintendent of Ic- 

38492 dian affairs for the northern superintendency, Major- General 

38493 S. R. Curtis, Brigadier-General H. H. Sibley, Henry W. 

38494 Beed, and Orrin Guernsey, commissioners on the part of 
33495 the United States, duly appointed by the President, and 

38496 the undersigned chiefs and head-men of the Yanktonai band 

38497 of Dakota or Sioux Indians. 

38498 Article 1. The Yanktonai band of Dakota or Sioux In- 

38499 dians, represented in council, hereby acknowledge themselves 

38500 to be subject to the exclusive jurisdiction and authority of the 

38501 United States, and hereby obligate and bind themselves, indi- 

38502 vidually and collectively, not only to cease all hostilities against 

38503 the persons and property of its citizens, but to use their influ- 

38504 ence, and, if requisite, physical force, to prevent other bands 

38505 of Dakota Indians, or other adjacent tribes, from making hostile 

38506 demonstrations against the Government or people of the United 

38507 States. 

38508 Article 2. Inasmuch as the Government of the United 

38509 States is desirous to arrest the effusion of blood between the 

38510 Indian tribes within its jurisdiction hitherto at war with each 

38511 other, the Yanktonai band of Dakota or Sioux Indians, repre- 

38512 sented in council, anxious to respect the wishes of theGovern- 

38513 ment, hereby agree to discontinue for the future all attacks upon 

38514 the persons or property of other tribes, unless first attacked by 

38515 them, and to use their influence to promote peace everywhere in 

38516 the region occupied or frequented by them. 

38517 Article 3. All controversies or differences arising between 

38518 the Yanktonai band of Dakota or Sioux Indians, represented in 

38519 council, and other tribes of Indians, involving the question of 

38520 peace or war, shall be submitted for the arbitrament of the 

38521 President, or such person or persons as may be designated 1>\ 

38522 him, and the decision or award shall be faithfully observed by 

38523 the said band represented in council. 

38524 Article 4, The said band, represented in council, shall 



864 



38525 withdraw from the routes overland already established, or here- 

38526 after to be established, through their country; and, in considera- 

35527 tion thereof, the Government of the United States agree to pay 

35528 the said band the sum of thirty dollars for each lodge or family, 
33529 annually, for twenty years, in such articles as the Secretary of 
3S530 the Interior may direct : Provided) That said band, so repre- 

38531 seuted in council, shall faithfully conform to the requirements of 

38532 this treaty. 

38533 Article 5. Should any individual or individuals, or portion 

38534 of the band of the Yanktonai band of Dakota or Sioux Indians, 

38535 represented in council, desire hereafter to locate permanently 

38536 upon any land claimed by said band for the purposes of agricul- 

38537 tural or other similar pursuits, it is hereby agreed by the parties 

38538 to to this treaty that such individuals shall be protected in such 

38539 location against any annoyance or molestation on the part of 

38510 whites or Indians; and whenever twenty lodges or families of 

38511 the Yanktonai band shall have located on lands for agricultural 

38512 purposes, and signified the same to their agents or superintend- 

38513 ent, they, as well as other families so locatiug, shall receive the 
38511 sum of twenty-five dollars, annually, for five years, for each 

38515 family, in agricultural implements and improvements ; and when 

38516 one hundred lodges or families shall have so engaged in agricul- 

38517 tural pursuits they shall be entitled to a farmer and blacksmith, 

38518 at the expense of the Government, as also teachers, at the 

38519 option of the Secretary of the Interior, whenever deemed neces^ 

38550 sary. 

38551 Article 6. Any amendment or modification of this treaty 

38552 by the Senate of the United States shall be considered final and 

38553 binding upon the said band, represented in council, as a part of 
38551 this treaty, in the same manner as if it had been subsequently 

38555 presented and agreed to by the chiefs and head-men of said 

38556 band. 

38557 ' Proclaimed March 17, 1866. 



38558 SIOUX— UPPER YANKTONAI BAND, 

38559 Treaty between the United States of America and the Tipper YanJc- 

38560 tonais hand of Dakota or Sioux Indians, concluded October 

38561 28, 1S65 $ ratification advised, with amendment) March 5, 1866; 

38562 proclaimed March 17, 1866. 

38563 Akdeew Johnson, President of the United States of 
38561 America, to all and singular to whom these presents shall come, 
38565 greeting : 

SSoQCj Whereas a treaty was made and concluded at Fort Sully, in 



865 



38567 the Territory of Dakota, on the twenty-eighth day of October, 

38568 in the year of our Lord one thousand eight hundred and sixty - 

38569 five, by and between Newton Edmunds, Edward B. Taylor, Ma- 

38570 jor-General S. R. Curtis, Brigadier-General H. H. Sibley, Henry 

38571 W. Reed, and Orrin Guernsey, commissioners on the part of the 

38572 United States, and Na-su-la-tan-ka, (Big Head,) Na-pa-tau-ka, 

38573 (Big Hand,) and other chiefs and head-men of the Upper Yank- 

38574 tonais band of Dakota or Sioux Indians, on the part of said band 

38575 of Indians, and duly authorized thereto by them, which treaty 

38576 is in the words and figures following, to wit : 

38577 Articles of a treaty made and concluded at Fort Sully, in the 

38578 Territory of Dakota, by and between Newton Edmunds, gov- 

38579 ernor and ex-officio superintendent of Indian affairs of Da- 

38580 kota Territory, Edward B. Taylor, superintendent of Indian 

38581 affairs for the northern superintendence', Major-General S- 

38582 R. Curtis, Brigadier-General H. H. Sibley, Henry W. Reed, 

38583 and Orrin Guernsey, commissioners on the part of the United 

38584 States, duly appointed by the President and the undersigned 

38585 chiefs and head-men of the Upper Yanktonais band of Dakota 

38586 or Sioux Indians. 

38587 Article 1, The Upper Yanktonais band of Dakota or 

38588 Sioux Indians, represented in council, hereby acknowledge them- 

38589 selves to be subject to the exclusive jurisdiction and authority 

38590 of the United States, and hereby obligate and bind themselves 

38591 individually and collectively not only to cease all hostilities 

38592 against the persons and property of its citizens, but to use their 

38593 influence, and, if necessary, physical force, to prevent other 

38594 bands of the Dakota Indians, or other adjacent tribes, from 

38595 making hostile demonstrations against the Government or 

38596 people of the United States. 

38597 Article 2. Inasmuch as the Government of the United 

38598 States is desirous to arrest the effusion of blood between the 

38599 Indian tribes within its jurisdiction hitherto at war with each 

38600 other, the Upper Yanktonais band of Dakota or Sioux Indians, 

38601 represented in council, anxious to respect the wishes of the Gov- 

38602 erument, hereby agree to discontinue for the future all attacks 

38603 upon the persons or property of other tribes, unless first attacked 

38604 by them, and to use their influence to promote peace everywhere 

38605 in the region occupied or frequented by them. 

38606 Article 3. All controversies or differences arising between 

38607 the Upper Yanktonais band of Dakota or Sioux Indians, repre 

38608 sented in council, and other tribes of Indians, involving the 

38609 question of peace or war, shall be submitted for the arbitrament 
33610 of the President, or such person or persons as may be designated 

38611 by him, and the decision or award faithfully observed by the said 

38612 band represented in council. 

109 i t 



866 



38613. Article 4. The said band represented in council shall with- 

38614 draw from the routes overland already established, or hereafter 

38615 to be established, through their country ; and in consideration 

38616 thereof, and of their non-interference with the persons and pro- 

38617 perty of citizens of the United States travelling thereon, the 

38618 Government of the United States agree to pay the said band the 

38619 sum of ten thousand dollars, annually, for twenty years, in such 

38620 articles as the Secretary of the Interior may direct : Provided, 

38621 That said band so represented in council shall faithfully conform 

38622 to the requirements of this treaty. 

38623 Article 5. Should any individual or individuals, or portion 
38624^of the band of the Upper Yanktonais baud of Dakota or Sioux 
38625 Indians, represented in council, desire hereafter to locate per- 
38626_3jnanently upon any land claimed by said band for the purposes of 

38627 agricultural or other similar pursuits, it is hereby agreed by the 

38628 parties to this treaty that said individuals shall be protected in 

38629 such location against any annoyance or molestation on the part 

38630 of whites or Indians; and whenever twenty lodges or families of 

38631 the Upper Yanktonais band. shall have located on land for agri- 

38632 cultural purposes, and signified the same to their agent or super- 

38633 intendent, they, as well as other families so locating, shall receive 

38634 the sum of twenty-five dollars annually, for five years, for each 

38635 family, in agricultural implements and improvements ; and when 

38636 one hundred lodges or families shall have so engaged in agricul- 

38637 tural pursuits they shall be entitled to a farmer and blacksmith, 

38638 at the expense of the Government, as also teachers, at the option 

38639 of the Secretary of the Interior, w[h]enever deemed necessary. 

38640 Article 6. Any amendment or modification of this treaty 

38641 by the Senate of the United States shall be considered final and 

38642 binding upon the said band, represented in council, as a part of 

38643 this treaty, in the same manner as if it had been subsequently 

38644 presented and agreed to by the chiefs and head-men of said band. 

38645 Proclaimed March 17, 1868. 



38646 SIOUX— TANKTONS, TtfTOXS, AXD YANCTONIES 

38647 BANDS. 

38648 Treaty with the Teton, Yancton, and Yanctonies bands of the Sioux 

38649 tribe of Indians. 

38650 For the purposes of perpetuating the friendship which has 

38651 heretofore existed, as also to remove all future cause of discus- 

38652 sion or dissention, as it respects trade and friendship between 

38653 the United States and their citizens, and the Teton, Yancton, 

38654 and Yanctonies bands of the Sioux tribe of Indians, the Presi- 



867 



38655 dent of the United States of America, by Brigadier-General 

38656 Henry Atkinson, of the United States Army, and Major Benja- 

38657 min O'Fallon, Indian agent, with full powers and authority, 

38658 specially appointed and commissioned for that purpose, of the 

38659 one part, and the undersigued^chiefs, head-men, and warriors of 

38660 the Teton, Yancton, and Yanctonies band of the Sioux tribe of In- 

38661 diaus, on behalf of said bauds or tribe, of the other part, have 

38662 made and entered into the following articles and conditions, 

38663 which, when ratified by the President of the United States, by 

38664 and with the advice and consent of the Senate, shall be binding 

38665 on both parties, to wit : 

38666 Article 1. It is admitted by the Teton, Yancton, and 

38667 Yanctonies band of Sioux Indians, that they reside within the 
33668 territorial limits of the United States, acknowledge their suprein- 

38669 acy, and claim their protection. The said bands also admit 

38670 the right of the United States to regulate all trade and inter- 

38671 course with them. 

38672 Article 2. The United States agree to receive the said 

38673 Teton, Yancton, and Yanctonies bands of Sioux Indians into 

38674 their friendship, and under their protection, and to extend to 

38675 them, from time to time, such benefits and acts of kindness as 

38676 may be convenient, and seem just and proper to the President 

38677 of the United "States. 

38678 Article 3. All the trade and intercourse with the Teton, 

38679 Yancton, and Yanctonies bands shall be transacted at such 

38680 place or places as may be designated and pointed out by the Pres. 

38681 ident of the United States, through his agents ; and none but 

38682 American citizens, duly authorized by the United States, shall 

38683 be admitted to trade or hold intercourse with said bands of In 

38684 dians. 

38685 Article 4. That the Teton, Yancton, and Yanctonies bands 

38686 may be accommodated with such articles of merchandize, &c, 

38687 as their necessities may demand, the United States agree to ad- 

38688 mit and license traders to hold intercourse with said tribes or 

38689 bands, Under mild and equitable regulations ; in consideration 

38690 of which, the Teton, Yancton, and Yanctonies bands bind theui- 

38691 selves to extend protection to the persons and property of the 

38692 traders, and the persons legally employed under them, whilst 

38693 they remain within the limits of their particular district of 

38694 country. And the said Teton, Yancton, and Yanctonies bands 

38695 further agree, that if any foreigner or other person not legally 

38696 authorized by the United States, shall come into their district 

38697 of country for the purposes of trade or other views, they will ap- 

38698 prehend such person or persons, and deliver him or them to 

38699 some United States superintendent or agent of Indian affairs, or 

38700 to the nearest military post, to be dealt with according to law. 



868 



38701 And they further agree to give safe conduct to all persons who 

38702 may be legally authorized by the United States to pass through 
3S703 their country ; and to protect, in their persons and property, all 

38704 agents or other persons sent by the United States to reside tem- 

38705 porarily among them. 

38706 Article 5. That the friendship which is now established 

38707 between the United States and the Teton, Yancton, and Yanc- 

38708 tonies bands should not be interrupted by the misconduct of 

38709 individuals, it is hereby agreed that for injuries done by 

38710 individuals, no private revenge or retaliation shall take place, 
387 LI but instead thereof, complaints shall be made by tbe party in- 

38712 jured to the superintendent or agent of Indian affairs, or other 

38713 person appointed by the President ; and it shall be the duty of 

38714 the said chiefs, upon complaint being made as aforesaid, to 

38715 deliver up the person or persons against whom the complaint is 

38716 made, to the end that he or they may be punished agreeably to 

38717 the laws of the United States. And, in like manner, if any 

38718 robbery, violence, or murder, shall be committed on any Indian 

38719 or Indians belonging to said bands, the person or persons so 

38720 offending shall be tried, and,|if found guilty, shall be punished 

38721 in like manner as if the injury had been done to a white man. 

38722 And it is agreed that the chiefs of the said Teton, Yancton, and 

38723 Yanctonies bands shall, to the utmost of their power, exert 

38724 themselves to recover horses or other property which may be 

38725 stolen or taken from any citizen or citizens of the United States 

38726 by any individual or individuals of said bands ; aud the prop- 

38727 erty so recovered shall be forthwith delivered to the agents, or 

38728 other person authorized to receive it, that it may be restored to 

38729 the proper owner. And the United States hereby guaranty to 

38730 any Indian or Indians of said bands a full indemnification for 

38731 any horses or other property which may be stolen from them by 

38732 any of their citizens : Provided, That the property so stolen 

38733 cannot be recovered, and that sufficient proof is produced that 

38734 it was actually stolen by a citizen of the United States. And 

38735 the said Teton, Yancton, and Yanctonies bands engage, on the 

38736 requisition or demand of the President of the United States, or 

38737 of the agents, to deliver up any white man resident among 

38738 them. 

3^739 Article 6. And the chiefs and warriors, as aforesaid, 

38740 promise and engage their band or tribe will never, by sale, ex- 

38741 change, or as presents, supply any nation or tribe of Indians, 

38742 not in amity with the United States, with guns, ammunition, or 

38743 other implements of war. 

38744 Proclaimed February 6, 1826. 



869 



38745 SIOUX OF THE RIVER ST. PETER'S. 

38746 A treaty of peace and friendship made and concluded between Will- 

38747 iam Clark, Ninian Edwards, and Auguste Chouteau, commis- 

38748 sioners plenipotentiary of the United States of America, on the 

38749 part and behalf of the said States, of the one part, and the chiefs 

38750 and ivarriors of the Siouxs of the river St. Peter's on the part 

38751 and behalf of their said tribe, on the other part. 

38752 The parties being desirous of re-establishing peace and 

38753 friendship between the United States and the said tribe, and of 

38754 being placed in all things and in every respect on the same foot- 

38755 ing upon which they stood before the late war between the 

38756 United States and Great Britain, have agreed to the following 

38757 articles : 

38758 Article 1. Every injury or act of hostility committed by 

38759 one or either of the contracting parties against the other shall 

38760 be mutually forgiven and forgot. 

38761 Article 2. There shall be perpetual peace and friendship 

38762 between all the citizens of the United States of America and all 

38763 the individuals composing the tribe of Siouxs of the river St. 

38764 Peter's ; and all the friendly relations that existed between them 

38765 before the war shall be, and the same are hereby, renewed. 

38766 Article 3. The undersigned chiefs and warriors, for them- 

38767 selves and their said tribe, do hereby acknowledge themselves 

38768 and their tribe to be under the protection of the United States, 

38769 and of no other power, nation, or sovereign whatsoever. 

38770 Ratified December 26, 1815. 

38771 SIOUX OF THE LAKES. 

38772 A treaty of peace and friendship made and concluded between Will- 

38773 iam Clark, Ninian Edwards, and Auguste Chouteau, commis- 

38774 sioners plenipotentiary of the United States of America, on the 

38775 part and behalf of the said States, of the one part, and the tin- 

38776 dersigned chiefs and ivarriors of the Siouxs of the lakes, on the 

38777 part and behalf of their tribe, of the other part. 

38778 The parties being desirous of re-establishing peace and 

38779 friendship between the United States and the said tribe, and of 

38780 being placed in all things and in every respect on the same foot- 

38781 ing upon which they stood before the late war between the 

38782 United States and Great Britain, have agreed to the following 

38783 articles : 



870 



3S784 Article 1. Every injury or act of hostility committed by 

38785 one or either of the contracting parties against the other shall 

38786 be mutually forgiven and forgot. 

38787 Article 2. There shall be perpetual peace and friendship 

38788 between all the citizens of the United States of America and 

38789 all the individuals composing the said tribe of the lakes, and all 

38790 the friendly relations that existed between them before the war 

38791 shall be, and the same are hereby, renewed. 

38792 Article 3. The undersigned chiefs and warriors, for theni- 

38793 selves and their said tribe, do hereby acknowledge themselves 
38794: and their aforesaid tribe to be under the protection of the United 

38795 States, and of no other nation, power, or sovereign wha tsoever. 

38796 Proclaimed July 19, 1815. 



38797 SIOUX OF THE LEAF, ETC. 

3879S A treaty of peace and friendship made and concluded between 

38799 William Clark, Sinian Edwards, and Auguste Chouteau, com- 

38800 missioners plenipotentiary of the United States of America, on 

38801 the part and behalf of the said States, of the one part, and the 

38802 undersigned chiefs and warriors, representing eight bands of the 

38803 Siouxs, composing the three tribes called the Siouxs of the Leaf, 
38801 the Siouxs of the Broad Leaf, and the Siouxs who Shoot in the 

38805 Pine Tops, on the part and behalf of their said tribes, of the 

38806 othe) part. 

38807 The parties being desirous of re-establishing peace and 

38808 friendship between the United States and the said tribes, and of 

38809 being placed in all things, and in every respect, on the same 

38810 footing upon which they stood before the late war between the 

38811 United States and Great Britain, have agreed to the following 

38812 articles : 

38813 Article 1. Every injury or act of hostility committed by 

38814 one or either of the contracting parties against the other shall 

38815 be mutually forgiven and forgot. 

38816 Article 2. There shall be perpetual peace and friendship 

38817 between all the citizens of the United States and all the indi- 

38818 viduals composing tbe aforesaid tribes; and all the friendly rela- 

38819 tions that existed between them before the war shall be, and the 

38820 same are hereby, renewed. 

38821 Article 3. The undersigned chiefs and warriors for thein- 

38822 selves and their tribes respectively, do, by these presents, confirm 

38823 to the United States all and every cession or cessions of land 

38824 heretofore made by their tribes to the British, French, or Spanish 



871 



38825 government, within the limits of the United States or their Ter- 

38826 ritories; and the parties here contracting do, moreover, in the 

38827 sincerity of mutual friendship, recognise, re-establish, and con- 

38828 firm all and every treaty, contract, and agreement heretofore 

38829 concluded between the United States and the said tribes or 

38830 nations. 

38831 Article 4. The undersigned chiefs and warriors as afore- 

38832 said, for themselves and their said tribes, do hereby acknowledge 

38833 themselves to be under the protection of the United States, and 

38834 of no other nation, power, or sovereign whatsoever. 

38835 Proclaimed December 30, 1816. 



38836 SIOUX— SIOUNE AND OGALLALA TRIBES. 



38837 TREATY WITH THE SIOUNE AND OGALLALA TRIBES. 

38838 For the purpose of perpetuating the friendship which has 

38839 heretofore existed, as also to remove all future cause of dis- 

38840 cussiou or dissension, as it respects trade and friendship be- 

38841 tween the United States and their citizens, and the Sioune and 

38842 Ogallala bands of the Sioux tribes of Indians, the President of 

38843 the United States of America, by Brigadier-General Henry 

38844 Atkinson, of the United States Army, and Major Benjamin 

38845 O'Fallon, Indian agent, with full powers and authority, specially 

38846 appointed and commissioned for that purpose, of the on! part, 

38847 and the undersigned chiefs, head-men, and warriors of the said 

38848 Sioune and Ogallala bands of Sioux Indians, on behalf of 

38849 their bands, of the other part, have made and entered into the 

38850 following articles and conditions, which, when ratified by the 

38851 President of the United States, by and with the advice and con- 

38852 sent of the Senate, shall be binding on both parties, to wit : 

38853 Article 1. It is admitted by the Sioune and Ogallala 

38854 bands of Sioux Indians that they reside within the territorial 

38855 limits of the United States, acknowledge their supremacy, and 

38856 claim their protection. The said bands also admit the right of 

38857 the United States to regulate all trade and intercourse with 

38858 them. 

38859 Article 2. The United States agree to receive the Sioune 

38860 and Ogallala bands of Sioux into their friendship and under 

38861 their protection, and to extend to them, from time to time, such 

38862 benefits and acts of kindness as may be convenient aud seem 

38863 just and proper to the President of the United States. 

38864 Article 3. All trade and intercourse with the Siouue and 

38865 Ogallala bands shall be transacted at such place or places as 



872 



38S66 may be designated and pointed out by the President of the United 

38867 States, through his agents; and none but American citizens, 

38868 duly authorized by the United States, shall be admitted to trade 

38869 or hold intercourse with said bands of Indians. 

38870 Article 4. That the Sioune and Ogallala bands may be 

38871 accommodated with such articles of merchandize, &c, as their 

38872 necessaties may demand, the United States agree to admit and 

38873 licence traders to hold intercourse with said bands, under mild 

38874 and equitable regulations; in consideration of which the Sioune 

38875 and Ogallala bands bind themselves to extend protection to the 

38876 persons and the property of the traders, and the persons legally 

38877 employed under them, whilst they remain within the limits of 

38878 their particular district of country. And the said Sioune and 

38879 Ogallala bands farther agree that if any foreigner or other per- 

38880 son not legally authorized by the United States shall come into 

38881 their district of country for the purposes of trade or other views, 

38882 they will apprehend such person or persons, and deliver him or 

38883 them to some United States superintendent, or agent of Indian 

38884 affairs, or to the commandant of the nearest military post, to be 

38885 dealt with according to law. And they further agree to give 

38886 safe conduct to all persons who may be legally authorized by 

38887 the United States to pass through their country; and to pro- 

38888 tect, in their persons and property, all agents or other persons 

38889 sent by the United States to reside temporarily among them; 

38890 nor will they, whilst on their distant excursions, molest or inter- 

38891 rupt any American citizen or citizens who may be passing from 

38892 the United States to New Mexico, or returning from thence to 

38893 the United States. 

38894 Article 5. That the friendship which is now established 

38895 between the United States and the Sioune and Ogallala bands 

38896 should not be interrupted by the misconduct of individuals, it 

38897 is hereby agreed that for injuries done by individuals, no private 

38898 revenge or retaliation shall take place, but instead thereof, 

38899 complaints shall be made by the injured party to the superin- 

38900 tendent or agent of Indian affairs, or other person appointed by 

38901 the President ; and it shall be the duty of said chiefs, upon 

38902 complaint being made as aforesaid, to deliver up the person or 

38903 persons against whom the complaint is made, to the end that 

38904 he or they may be punished agreeably to the laws of the United 

38905 States. And, in like manner, if any robben T , violence, or murder 

38906 shall be committed on any Indian or Indians belonging to the 

38907 said bands, the person or persons so offending shall be tried, and 

38908 if found guilty shall be punished in like manner as if the injury 

38909 had been done to a white man. And it is agreed that the 

38910 chiefs of said Sioune and Ogallala bands shall, to the utmost of 

38911 their power, exert themselves to recover horses or other prop- 



873 



38912 erty which may be stolen or taken from any citizen or citizens 

38913 of the United States by any individual or individuals of said 

38914 bands; and the property so recovered shall be forthwith de- 

38915 livered to the agents or other person authorized to receive it, 

38916 that it may be restored to the proper owner. And the United 

38917 States hereby guaranty to any Indian or Indians of said bands a 

38918 full indemnification for any horses or other property which may 

38919 be stolen from them by any of their citizens : Frovided, The 

38920 property stolen cannot be recovered, and that sufficient proft" is 

38921 produced that it was actually stolen by a citizen of the United 

38922 States. And the said Sioune and Ogallala bands engage, on the 

38923 requisition or demand of the President of the United States, or 

38924 of the agents, to deliver up any white man resident among 

38925 them. 

38926 Article 6. And the chiefs and warriors as aforesaid 

38927 promise and engage that their bands will never, by sale, ex- 

38928 change, or as presents, supply any nation, tribe, or band of 

38929 Indians not in amity with the United States with guns, ammu- 

38930 nition, or other implements of war. 

38931 Proclaimed February 6, 1826. 



38932 SIOUX— HUNKPAPA BAND. 

38933 Treaty ivith the Hunlqyapas hand of the Sioux tribe. 

38934 For the purpose of perpetuating the friendship which has 

38935 heretofore existed, as also to remove all future cause of discus- 

38936 sion or dissension, as it respects trade and friendship between the 

38937 United States and their citizens and the Hunkpapas band of the 

38938 Sioux tribe of Indians, the President of the United States of 

38939 America, by Brigadier-General Henry Atkinson, of the United 

38940 States Army, and Major Benjamin O'Pallon, Indian agent, with 

38941 full powers and authority, specially appointed and commissioned 

38942 for that purpose, of the one part, and the undersigned chiefs, 

38943 head-men, and warriors of the said Hunkpapas band of Sioux 

38944 Indians, on behalf of their band, of the other part, have made 

38945 and entered into the following articles and conditions; which' 

38946 when ratified by the President of the United States, by and 

38947 with the advice and consent of the Senate, shall be binding on 

38948 both parties, to wit : 

38949 * Article 1. It is admitted by the Hunkpapas band of Sioux 

38950 Indians that they reside within the territorial limits of the United 

38951 States, acknowledge their supremacy, and claim their protection. 

38952 The said band also admit the right of the United States to regu- 

38953 late all trade and intercourse with them. 

110 I T 



874 



38954 Article 2. The United States agree to receive the Hunk- 

38955 papas band of Sioux into their friendship, and under their pro" 

38956 tection, and to extend to them, from time to time, such benefits 

38957 and acts of kindness as may be convenient, and seem just and 

38958 proper to the President of the United States. 

38959 Article 3. All trade and intercourse with the Hunkpapas 

38960 band shall be transacted at such place or places as may be desig- 

38961 nated and pointed out by the President of the United States, 

38962 through his agents ; and none but American citazens, duly au- 

38963 thorized by the United States, shall be admitted to trade or hold 

38964 intercourse with said band of Indians. 

38965 Article 4. That the Hunkpapas band may be accommo- 

38966 dated with such articles of merchandize, &c, as their necessaties 

38967 may demand, the United States agree to admit and licence traders 

38968 to hold intercourse with said band under mild and equitable regu - 

38969 lations, in consideration of which the Hunkpapas band bind them- 

38970 selves to extend protection to the persons and the property of the 

38971 traders, and the persons legally employed under them, whilst 

38972 they remain within the limits of their particular district of coun- 

38973 try. And the said Hunkpapas band further agree, that if any 

38974 foreigner, or other person not legally authorized by the United 

38975 States, shall come into their district of country, for the purposes 

38976 of trade or other views, they will apprehend such person or per- 

38977 sons, and deliver him or them to some United States superin- 

38978 tendent or agent of Indian affairs, or to the commandant of the 

38979 nearest military post, to be dealt with according to law. And 

38980 they further agree to give safe-conduct to all persons who may 

38981 be legally authorized by the United States to pass through their 

38982 country, and to protect in, their persons and property all agents 

38983 or other persons sent by the United States to reside temporarily 

38984 among them. 

38985 Article 5. That the friendship which is now established 

38986 between the United States and the Hunkpapas band should not 

38987 be interrupted by the misconduct of individuals, it is hereby 

38988 agreed that, for injuries done by individuals, no private revenge 

38989 or retaliation shall take place, but instead thereof, complaints 

38990 shall be made, by the injured party, to the superintendent or 

38991 agent of Indian affairs, or other person appointed by the Presi- 

38992 dent ; and it shall be the duty of said chiefs, upon complaint 

38993 being made as aforesaid, to deliver up the person or persons 

38994 against whom the complaint is made, to the end that he or they 

38995 may be punished agreeably to the laws of United States. And 

38996 in like manner, if any robbery, violence, or murder shall be 
33997 committed on any Indian or Indians belonging to the said band, 

38998 the person or persons so offending shall be tried, and, if found 

38999 guilty, shall be punished in like manner as if the injury had 



875 



39000 been done to a white man. And it is agreed that the chiefs of 

39001 said Hunkpapas band shall, to the utmost of their power, exert 

39002 themselves to recover horses or other property which may be 

39003 stolen or taken from any citizen or citizens of the United States 

39004 by any individual or individuals of said band ; and the property 

39005 so recovered shall be forthwith delivered to the agents or other 
3900G person authorized to receive it, that it may be restored to the 

39007 proper owner. And the United States hereby guarranty to any 

39008 Indian or Indians of said band a full indemnification for any 

39009 horses or other property which may be stolen from them by any 

39010 of their citizens: Provided, That the property stolen cannot be 

39011 recovered, and that sufficient proof is produced that it was 

39012 actually stolen by a citizen of the United States. And the said 

39013 Hunkpapas band engage, on the requisition or demand of the 
39011 President of the United States, or of the agents, to deliver up 
39015 any white man resident among* them. 

39010 Article 6. And the chiefs and warriors, as aforesaid, 

39017 promise and engage that their band will never, by sale, exchange, 

39018 or as presents, supply any nation or tribe of Indians, not in 

39019 amity with the United States, with guns, ammunition, or other 

39020 implements of war. 

39021 Proclaimed February 6, 1826. 



39022 SIOUX— WA-HA-SHAW'S TRIBE. 

39023 Convention with the Sioux of Wa-ha-shaics tribe. 

39021 In a convention held this tenth day of September, 1836, 

39025 between Col. Z. Taylor, Indian agent, and the chiefs, braves, 

39026 and principal men of the Sioux of TTa-ha-shaw's tribe of Indians, 

39027 it has been represented that according to the stipulations of the 

39028 first article of the treaty of Prairie clu Chien, of the 15th July, 

39029 1830, (proclaimed February 21, 183 L,) the country thereby ceded 

39030 is "to be assigned and allotted under the direction of the Pres- 

39031 ident of the United States to the tribes now living thereou, or 

39032 to such other tribes as the President may locate thereon, for 

39033 hunting and other purposes." 

39031 And whereas it is further represented t o us, the chiefs, braves, 

39035 and principal men of the tribe aforesaid, to be desirable that 

39036 the lands lying between the State of Missouri and the Missouri 

39037 Piver should be attached to and become a part of said State , 

39038 and the Indian title thereto be extinguished, but that, notwith- 

39039 standing, as these lands compose a part of the country embraced 
39010 by the provisions of said first article of the treaty aforesaid, the 



876 



39041 stipulations thereof will be strictly observed until the assent of 

39042 the Indians interested is given to the proposed measure : 

39043 Now we, the chiefs, braves, and principal men of the above- 

39044 named tribe of Indians, fully understanding the subject, and 

39045 well satisfied from the local position of the lands in question 

39046 that they can never be made available for Indian purposes, and 

39047 that an attempt to place an Indian population on them must in. 

39048 evitably lead to collisions with the citizens of the United States ; 

39049 and further believing that the extension of the State line in the 

39050 direction indicated would have a happy effect, by presenting a 

39051 natural boundary between the whites and Indians ; and williug, 

39052 moreover, to give the United States a renewed evidence of our 

39053 attachment & friendship, do hereby for ourselves, and on behalf 

39054 of our respective tribes, (having full power and authority to this 

39055 effect,) forever cede, relinquish, and quit-claim to the United 

39056 States all our right, title, and interest of whatsoever nature in 

39057 and to the lands lying between the State of Missouri and the 

39058 Missouri Eiver, and do freely and fully exonerate the United 

39059 States from any guarantee, condition, or limitation, expressed 

39060 or implied under the treaty of Prairie du Ohien aforesaid or 

39061 otherwise, as to the entire and absolute disposition of the said 

39062 laud, fully authorizing the United States to do with the same 

39063 whatever shall seem expedient or necessary. 

39064 Proclaimed February 13, 1837. 



39065 SIOUX— WAHPAAKOOTAH, SUSSETON, ETC., TRIBES. 

39066 Convention with the Wdhpaakootah, jSusseton, and Upper Meda- 

39067 icalcanton tribes of Sioux Indians. 

39068 In a convention held this thirtieth day of November, 1836, 

39069 between Lawrence Taliaferro, Indian agent at St. Peter's, and 

39070 the chiefs, braves, and principal men of the Wahpaakootah, 

39071 Susseton, and Upper Medawakanton tribes of Sioux Indians, it 

39072 has been represented, that according to the stipulations of the 

39073 first article of the treaty of Prairie du Ohien of the 15th July, 

39074 1830, (proclaimed February 24, 1831,) the country thereby ceded 

39075 is "to be assigned and allotted under the direction of the Pres- 

39076 ident of the United States to the tribes now living thereon, or 

39077 to such other tribes as the President may locate thereon, for 

39078 hunting or other purposes." 

39079 And whereas it is further represented to us, the chiefs, braves, 

39080 and principal men of the tribes aforesaid, to be desirable that 

39081 the lands lying between the State of Missouri and the Missouri 



877 



39082 River should be attached to, and become a part of, said State 

39083 and the Indian title thereto be entirely extinguished; but that, 

39084 notwithstanding, as these lands compose a part of the country 

39085 embraced by the provisions of said first article of the treaty 

39086 aforesaid, the stipulations thereof will be strictly observed until 

39087 the assent of the Indians interested is given to the proposed 

39088 measure: 

39089 Now we, the chiefs, braves, and principal men of the Waii- 

39090 paakoota, Sussetou, and Upper Medawakanton tribes of Sioux 

39091 Indians, fully understanding the subject, and well satisfied from 

39092 the local position of the lands in question that they can never 

39093 be made available for Indian purposes, and that an attempt to 
39091 place an Indian population on them must inevitably lead to col- 

39095 lisions with the citizens of the United States ; and further be- 

39096 lieving that the extension of the State-line in the direction indi- 

39097 cated would have a happy effect, by presenting a natural 

39098 boundary between the whites and Indians ; and willing, more- 

39099 over, to give the United States a renewed evidence of our 

39100 attachment and friendship, do hereby, for ourselves and on 

39101 behalf of our respective tribes, (having full power and authority 

39102 to this effect,) forever cede, relinquish, and quit claim to the 

39103 United States all our right, title, and interest, of whatsoever 

39104 nature, in and to the lands lying between the State of Missouri 

39105 and the Missouri River, and do freely and fully exonerate the 

39106 United States from any guarantee, condition, or limitation, ex- 

39107 pressed or implied, under the treaty of Prairie du Chien afore- 

39108 said, or otherwise, as to the entire and absolute disposition of 

39109 the said lands, fully authorizing the United States to do with 

39110 the same whatever shall seem expedient or necessary. 

39111 As a proof of the continued friendship and liberality of the 

39112 United States towards the Wahpaakootah, Susseton, and Upper 

39113 Medawakanton tribes of Sioux Indians, and as an evidence of 

39114 the sense entertained for the good-will manifested by said tribes 

39115 to the citizens and Government of the United States, as evinced 

39116 in the preceding cession or relinquishment, the undersigned 

39117 agrees, on behalf of the United States, to cause said tribes to 

39118 be furnished with presents to the amount of five hundred and 

39119 fifty dollars, in goods, the receipt of which is hereby acknowl- 

39120 edged. (See note, page 890.) 

39121 Proclaimed February 18, 1837. 



878 



39122 SIOUX— CERTAIN CHIEFS AND BRAVES. 

39123 Articles of a treaty made at the city of Washington between Joel P. 

39124 Poinsett, thereto specially authorised by the President of the 

39125 United States, and certain chiefs and braves of the Sioux Na- 

39126 Hon of Indians. 

39127 Article 1. The chiefs and braves, representing the parties 

39128 having an interest therein, cede to the United States all their 

39129 land east of the Mississippi River and all their islands in the 

39130 said river. 

39131 Article 2. In consideration of the cession contained in 

39132 the preceding article, the United States agree to the following 

39133 stipulations on their part : 

39134 First. To invest the sum of $300,000 (three hundred thous- 

39135 and dollars) in such safe and profitable State stocks as the Pre- 

39136 sident may direct, and to pay to the chiefs and braves as afore- 

39137 said, annually, forever, an income of not less than five per cent. 

39138 thereon, a portion of said interest, not exceeding one-third, to 

39139 be applied in such manner as the President may direct, and the 

39140 residue to be paid in specie, or in such other manner and for 

39141 such objects as the proper authorities of the tribe may designate. 

39142 Second. To pay to the relatives and friends of the chiefs and 

39143 braves, as aforesaid, having not less than one-quarter of Sioux 

39144 blood, $110,000 (one hundred and ten thousand dollars,) to be 

39145 distributed by the proper authorities of the tribe, upon principles 

39146 to be determined by the chiefs and braves signing this treaty 

39147 and the War Department. 

39148 Third. To apply the sum of $90,000 (ninety thousand dollars) 

39149 to the payment of just debts of the Sioux Indians interested in 
33150 the lands herewith ceded. 

39151 Fourth. To pay the chiefs and braves as aforesaid an an- 

39152 nuity for ten years of $10,000, (ten thousand dollars,) in goods, to 

39153 be purchased under the direction of the President, and delivered 

39154 at the expense of the United States. 

39155 Fifth. To expend annually for twenty years for the benefit 

39156 of Sioux Indians, parties to this treaty, the sum of $8,250 (eight 

39157 thousand two hundred and fifty dollars) in the purchase of inedi- 

39158 cines, agricultural implements, and stock, and for the support 

39159 of a physician, farmers, and blacksmiths, and for other beneficial 

39160 objects. 

39161 Sixth. In order to enable the Indians aforesaid to break up 

39162 and improve their lands, the United States will supply, as soon 

39163 as practicable after the ratification of this treaty, agricultural 

39164 implements, mechanics' tools, cattle, and such other articles as 



879 



39165 may be useful to them, to an amount not exceeding $10,000, (ten 

39166 thousand dollars.) 

39167 Seventh. To expend annually for twenty years the sum of 

39168 $5,500 (five thousand five hundred dollars) in the purchase of 

39169 pro visions, to be delivered at the expense of the United Stales. 

39170 Eighth. To deliver to the chiefs and braves signing this 

39171 treaty, upon their arrival at St. Louis, $6,000, (six thousand dol- 

39172 lars,) in goods. 

39173 Article 3. This treaty shall be binding on the contracting 

39174 parties as soon as it shall be ratified by the United States. 

39175 Proclaimed June 15, 1838. 



39176 SIOUX — SEE-SEE-TON AND WAH-PAY-TOAN BANDS. 

39177 Millard Fillmore, President of the United States of Ameri- 

39178 ca, to all and singular to whom these presents shall come, 

39179 greeting : 

39180 Whereas a treaty was made and concluded at Traverse des 

39181 Sioux, in the Territory of Minnesota, on the twenty-third day 

39182 of July, one thousand eight hundred and fifty-one, between the 

39183 United States of America, by Luke Lea, Commissioner of Indian 
39181 Affairs, and Alexander Ramsey, governor and ex-officio superin- 

39185 tendeut of Indian affairs in said Territory, acting as commis- 

39186 sioners, aud the See-see-toan and Wah-pay-toan bands of Dako- 

39187 ta or Sioux Indians, which treaty is in the words following, to 

39188 wit : 

39189 Articles of a treaty made and concluded at Traverse des Sioux, 

39190 upon the Minnesota River, in the Territory of Minnesota, 

39191 on the twenty-third day of July, eighteen hundred and 

39192 fifty-one, between the United States of America, by Luke 

39193 Lea, Commissioner of Indian Affairs, and Alexander Ram 
39191 sey, governor and ex-officio superintendent of Indian affairs 

39195 in said Territory, commissioners duly appointed for that 

39196 purpose, and the See-see-toan and Wah-pay-toan bands of 

39197 Dakota or Sioux Indians. 

39198 Article 1. It is stipulated and solemnly agreed that the 

39199 peace and friendship now so happily existing between the 

39200 United States and the aforesaid bands of Indians shall be 

39201 perpetual. 

39202 Article 2. The said See-see-toan and Wah-pay-toan bands 

39203 of Dakota or Sioux Indians agree to cede, and do hereby cede. 
39201 sell, and relinquish to the United States, all their lands in the 

39205 State of Iowa, and also all their lands in the Territory of Min- 

39206 nesota lying east of the following line, to wit : Beginning at the 



880 



39207 junction of the Buffalo Eiver with the Eed Eiver of the North ; 

39208 thence along the western bank of said Eed Eiver of the North 

39209 to the mouth of the Sioux Wood Eiver ; thence along the west- 

39210 ern bank of said Sioux Wood Eiver to Lake Traverse ; thence 

39211 along the western shore of said lake to the southern extremity 

39212 thereof 5 thence in a direct line to the junction of Kampeska 

39213 Lake with the Tchan-kas-an-data, or Sioux Eiver ; thence along 

39214 the western bank of said river to its point of intersection with 

39215 the northern line of the State of Iowa, including all the islands 

39216 in said rivers and lake. 

39217 Article 3. Stricken out. 

39218 Article 4. In further and full consideration of said ces- 

39219 sion, the United States agree to pay to said Indians the sum 

39220 of one million six hundred and sixty-five thousand dollars 

39221 ($1,665,000,) at the several times, in the manner, and for the pur- 

39222 poses following, to wit : 

39223 1st. To the chiefs of the said bands, to enable them to settle 

39224 their affairs and comply with their present just engagement, 

39225 and in consideration of their removing themselves to the country 

39226 set apart for them as above, which they agree to do within two 

39227 years, or sooner, if required by the President, without further 

39228 cost or expense to the United States, and in consideration of 

39229 their subsisting themselves the first year after their removal, 

39230 which they agree to do without further cost or expense on the 

39231 par t of the United States, the sum of two hundred and seventy - 

39232 five thousand dollars, ($275,000 :) Provided, That said sum shall 

39233 be paid to the chiefs in such manner as they hereafter in open 

39234 council shall request, and as soon after the removal of said In- 

39235 dians to the home set apart for them as the necessary appro- 

39236 priation therefor shall be made by Congress. 

39237 2d. To be laid out under the direction of the President for 

39238 the establishment of manual-labor schools, the erection of mill s 

39239 and blacksmith shops, opening farms, fencing and breaking 

39240 land, and for such other beneficial objects as may be deemed 

39241 most conducive to the prosperity and happiness of said Indians, 

39242 thirty thousand dollars, ($30,000.) 

39243 The balance of said sum of one million six hundred and six- 

39244 ty-five thousand dollars, ($1,665,000,) to wit, one million three 

39245 hundred and sixty thousand dollars ($1,360,000) to remain in 

39246 trust with the United States, and five per cent, interest thereon 

39247 to be paid annually to said Indians, for the period of fifty years, 

39248 commencing the first day of July, eighteen hundred and fifty - 

39249 t^o, (1852,) which shall be in full payment of said balance, prin- 

39250 cipal and interest, the said payment to be applied, under the 

39251 direction of the President, as follows, to wit : 



881 



39252 3d. For a general agricultural improvement and civilization 

39253 fund, the sum of twelve thousand dollars, ($12,000.) 

39254: 4th. For educational purposes, the sum of six thousand 

39255 dollars, ($6,000.) 

39256 5th. For the purchase of goods and provisions, the sum of 

39257 ten thousand dollars, ($10,000.) 

39258 6th. For money annuity, the sum of forty thousand dollars, 

39259 ($40,000.) 

39260 Article 5. The laws of the United States prohibiting the 

39261 introduction and sale of spirituous liquors in the Indian country 

39262 shall be in full force and effect throughout the territory hereby 

39263 ceded and lying in Minnesota until otherwise directed by Con- 

39264 gress or the President of the United States. 

39265 Article 6. Eules and regulations to protect the rights of 

39266 persons and property among the Indians, parties to this treaty, 

39267 and adapted to their condition and wants, may be prescribed 

39268 and enforced in such manner as the President or the Congress 

39269 of the United States, from time to time, shall direct. 

39270 SUPPLEMENTAL ARTICLE. 

39271 1st. The United States do hereby stipulate to pay the Sioux 

39272 bands of Indians, parties to this treaty, at the rate of ten cents 

39273 per acre, for the lands included in the reservation provided for 

39274 in the third article of the treaty as originally agreed upon in the 

39275 following words : 

39276 "Article 3. In part consideration of the foregoing cession, 

39277 the United States do hereby set apart for the future occupancy 

39278 and home of the Dakota Indians, parties to this treaty, to be 

39279 held by them as Indian lands are held, all that tract of country 

39280 on either side of the Minnesota River, from the western bound - 

39281 ary of the lands herein ceded, east, to the Tchay-tam-bay River 

39282 on the north, and to Yellow Medicine River on the south side, 

39283 to extend on each side a distance of not less than ten miles 

39284 from the general course of said river, the boundaries of said 

39285 ' tract to be marked out by as straight lines as practicable, when- 

39286 ever deemed expedient by the President, and in such manner as 
392S7 he shall direct;" which article has been stricken out of the 

39288 treaty by the Senate, the said payment to be in lieu of said res- 

39289 ervation ; the amount, when ascertained, under instructions 

39290 from the Department of the Interior, to be added to the trust 

39291 fund provided for in the fourth article. 

39292 2d. It is further stipulated that the President be authorized, 

39293 with the assent of the said bands of Indians, parties to this 

39294 treaty, and as soon after they shall have given their assent to 

39295 the foregoing article as may be convenient, to cause to be set 

39296 apart, by appropriate landmarks and boundaries, such tracts of 

111 I T 



882 



39297 country without the limits of the cession made by the first [2d] 

39298 article of the treaty as may be satisfactory for their future oc- 

39299 cupancy and home : Provided, That the President may, by the 

39300 consent of these Indians,' vary the conditions aforesaid, if deemed 

39301 expedient. (See note on page 890.) 

39302 Proclaimed February 24, 1853. 



39303 SIOUX— MED- AY- WA-KAN-TOAN AND WAH-PAY-KOO- 

39304 TAY BANDS. 

39305 Millard Fillmore, President/of the United States of America, 

39306 to all and singular to whom these presents shall come, 

39307 greeting: 

39308 Whereas a treaty was made and concluded at Mendota, in 

39309 the Territory of Minnesota, on the fifth day of August, one 

39310 thousand eight hundred and fifty-one, between the United States 

39311 of America, by Luke Lea, Commissioner of Indian Affairs, and 

39312 Alexander Eamsey, governor and ex officio superintendent of 

39313 Indian affairs in said Territory, acting as commissioners, and 

39314 the Med-ay- wa-kan- toan and Wak-pay- koo- tay bands of Dakota 

39315 or Sioux Indians, which treaty is in the words following, to 

39316 wit:. 

39317 Articles of a treaty made and concluded at Mendota, in the Ter- 

39318 ritory of Minnesota, on the fifth day of August, eighteen 

39319 hundred and fifty-one, between the United States of America , 

39320 by Luke Lea, Commissioner of Indian Affairs, and Alexan- 

39321 der Ramsey, governor and ex-officio superintendent of In- 

39322 dian affairs in said Territory, commissioners duly appointed 

39323 for that purpose, and the Med-ay-wa kan-toan and Wak pay- 

39324 koo- tay bands of Dakota or Sioux Indians. 

39325 Article 1. The peace and friendship existing between the 

39326 United States and the Med-ay- wa-kan-toaii and Wak-pay-koo- 

39327 tay bands of Dakota or Sioux Indians shall be perpetual. 

39328 Article 2. The said Med-ay-wa-kan-toan and Wak-pay- 

39329 koo- tay bands of Indians do hereby cede and relinquish all their 

39330 lands, and all their right, title, and claim to any lands whatever, 

39331 in the Territory of Minnesota or in the State of Iowa. 

39332 Article- 3. Stricken out. 

39333 Article 4. In further and full consideration of said cession 

39334 and relinquishment, the United States agree to pay to said 

39335 Indians the sum of one millfon four hundred and ten thousand 

39336 dollars, ($1,410,000,) at the several times, in the manner, and for 

39337 the purposes following, to wit ; 

39338 1st. To the chiefs of the said bands, to enable them to settle 



883 



39339 their affairs and comply with their present just engagements, 

39340 and in consideration of their removing themselves to the coun- 

39341 try set apart for them as above, (which they agree to do within 

39342 one year after the ratification of this treaty, without further cost 

39343 or expense to the United States,) and in consideration of their 

39344 subsisting themselves the first year after their removal, (which 

39345 they agree to do without farther cost or expense on the part of 

39346 the United States,) the sum of two hundred and twenty thou- 

39347 sand dollars, ($220,000 :) Provided, That said sum shall be paid, 

39348 one-half to the chiefs of the Med-ay : wa-kan-toan band, and onc- 

39349 half to the chief and head-men of the Wah-pay-koo-tay band, in 

39350 such manner as they hereafter in open council shall respect- 

39351 ively request, and as soon after the removal of said Indians to 

39352 the home set apart for them as the necessary appropriations 

39353 therefor shall be made by Congress. 

39354 2d. To be laid out, under the direction of the President, for 

39355 the establishment of manual-labor schools, the erection of mills 

39356 and blacksmith shops, opening farms, fencing and breaking 

39357 land, and for such other beneficial objects as may be deemed 

39358 most conducive to the prosperity and happiness of said Indians, 

39359 thirty thousand dollars, ($30,000.) 

39360 The balance of said sum of one million four hundred and ten 

39361 thousand dollars, ($1,410,000,) to wit, one million one hundred 

39362 and sixty thousand dollars ($1,160,000) to remain in trust with 

39363 the United States, and five per cent, interest thereon to be paid 

39364 annually to said Indians, for the period of fifty years, commeno 

39365 ing on the first day of July, eighteen hundred and fifty- two, 

39366 (1852,) which shall be in full payment of said balance, principal 

39367 and interest, said payments to be made and applied, under the 

39368 direction of the President, as follows, to wit : 

39369 3d. For a general agricultural improvement and civilization 

39370 fund, the sum of twelve thousand dollars, ($12,000.) 

39371 4th. For educational purposes, the sum of six thousand 

39372 dollars, ($6,000.) 

39373 5th. For the purchase of goods and provisions, the sum of 

39374 ten thousand dollars, ($10,000.) 

39375 6th. For money annuity, the sum of thirty thousand dol- 

39376 lars, ($30,000.) 

39377 Article 5. The entire annuity, provided for in the first 

39378 section of the second article of the treaty of September twenty- 

39379 ninth, eighteen hundred and thirty-seven, (1837,) including an 

39380 unexpended balance that may be in the Treasury on the first of 

39381 July, eighteen hundred and fifty-two, (1852,) shall thereafter be 

39382 paid in money. 

39383 Article 6. The laws of the United States prohibiting the 

39384 introduction and sale of spirituous liquors in the Indian country 

39385 shall be in fall force and effect throughout the territory hereby 



884 



3938G ceded and lying in Minnesota until otherwise directed by Con- 

39387 gress or the President of the United States. 

39388 Article 7. Rules and regulations to protect the rights of 

39389 persons and property among the Indian parties to this treaty, 

39390 and adapted to their condition and wants, may be prescribed 

39391 and enforced in such manner as the President or the Congress 

39392 of the United States, from time to time, shall direct, 

39393 Article 8. Stricken out. 

39394 SUPPLEMENTAL ARTICLE. 

39395 1st. The United States do hereby stipulate to pay the Sioux 

39396 bands of Indians, parties to this treaty, at the rate of ten cents 

39397 per acre for the lands included in the reservation provided for 

39398 in the third article of the treaty as originally agreed upon in the 

39399 following words : 

39100 " Article 3. In part consideration of the foregoing cession 

39101 and relinquishment, the United States do hereby set apart for 

39102 the future occupancy and home of the Dakota Indians, parties 

39103 to this treaty, to be held by them as Indian lands are held, a 
39101 tract of country of the average width of ten miles on either side 

39105 of the Minnesota River, and bounded on the west by the Tchay- 

39106 tarn-bay and Yellow Medicine Rivers, and on the east by the 

39107 Little Rock River and a line ruuning due south from its mouth 

39108 to the Waraju River; the boundaries of said tract to be marked 

39109 out by as straight lines as practicable, whenever and in such 

39110 manner as the President of the United States shall direct : Pro- 

39111 .vided, That said tract shall be held and occupied by said bands 

39112 in common, and that they shall hereafter participate equally 

39113 and alike in all the benefits derived from any former treaty be- 
39111 tween said bands, or either of them, and the United States ;" 

39115 which article has been stricken out of the treaty by the Senate. 

39116 The said payment to be in lieu of said reservation; the amount, 

39117 when ascertained under instructions from the Department of the 

39118 Interior, to be added to the trust fund provided for in the fourth 

39119 article. 

39120 2d. It is further stipulated that the President be authorized, 
3912 L with the assent of the said bands of Indians, parties to this 

39122 treaty, and as soon after they shall have given their assent to 

39123 the foregoing article as may be convenient, to cause to be set 

39121 apart, by appropriate landmarks and boundaries, such tracts of 

39125 country without the limits of the cession made by the first arti- 

39126 cle of the treaty as may be satisfactory for their future occu- 

39127 pancy and home : Provided, That the President may, by the con- 

39128 sent of these Indians, vary the conditions aforesaid if deemed 

39129 expedient. (See note on page 890.) 

39130 Proclaimed Feb'y 21, 1853. 



885 



39431 Treaty between the United States and the Mendawakanton and 

39432 WaJvpalcoota bands of Dakota or Sioux tribe of Indians, 

39433 * concluded at Washington June 19, 1358 ; ratified by the Senate 

39434 March 9, 1859. 

39435 James Buchanan, President of the United States of America, 
39438 to all and singular to whom these presents shall come, 

39437 greeting : 

39438 Whereas a treaty was made and concluded at the city of 

39439 Washington on the nineteenth day of June, one thousand eight 

39440 hundred and fifty-eight, by Charles E. Mix, commissioner on the 

39441 part of the United States, and the following-named chiefs and 

39442 head-men of the Mendawakanton and Wahpakoota bands of the 

39443 Dakota and Sioux tribe of Indians, viz, Wabashaw, Chetana- 

39444 kooamonee, Wasuhiyahidan, Shakopee, Wamindeetonkee, Muz- 

39445 zaojanjan, Tachunrpeemuz-za, Wakinyantowa, Ckunrpiyuha, 

39446 Onkeeterhidau, and Wamouisa, braves, on the part of the Men- 

39447 dawakantons, and Hushawshaw, chiefs, and Papa and Tatae- 

39448 bomdu, braves, on the part of the Wahpakootas, they being 

39449 duly authorized and empowered to act for said bands; which 

39450 treaty is in the words and figures following, to wit : 

39451 Articles of agreement and convention made and concluded at 

39452 the city of Washington on the nineteenth day of June, one 

39453 thousand eight hundred and fifty-eight, by Charles E. Mix, 

39454 commissioner on the part of the United States, and the 

39455 following-named chiefs and head-men of the Mendawakan- 

39456 ton and Wahpakoota bands of the Dakota or Sioux tribe of 

39457 Indians, viz, Wabashaw, Chetauakooamonee, Washuhiya- 

39458 hidan, Shakopee, Wamindeetonkee. Muzzaojanjan, and Ma- 

39459 kawto, chiefs, and Hinhanduta, Ha-raka-Muzza, Wakano- 

39460 janjan, Tachunrpee-muz-za, Wakinyantowa, Chunrpiyuha > 

39461 Onkeeterhidau, and Wa inouisa, braves, on the part, of the 

39462 Mendawakantons, and Hushawshaw, chief, and Pa-Pa and 

39463 Tataebomdu, braves, on the part of the Wahpakootas, they 

39464 being duly authorized and empowered to act for said bands. 

39465 Article 1. It is hereby agreed and stipulated that, as soon 

39466 as practicable after the ratification of this agreement, so much 

39467 cf that part of the reservation or tract of land now held and 

39468 possessed by the Mendawakanton and Wahpakoota bands ot the 

39469 Dakota or Sioux Indians, and which is described in the third 

39470 article of the treaty made with them on the fifth day of August . 

39471 one thousand eight hundred and fifty-one, which lies south or 

39472 south westwardly of the Minnesota River, shall constitute a reser- 

39473 vationfor said bands,, and shall be surveyed, and eighty acres 

39474 thereof, as near as may be in conformity with the public surveys. 

39475 be allotted in severalty to each head of a family or single person 



886 



39476 over the age of twenty-one years in said band of Indians, said 

39477 allotments to be so made as to include a proper proportion of 

39478 timbered land, if the same be practicable, in each of said allot- 

39479 ments. The residue of said part of said reservation not so 

39480 allotted shall be held by said bands in common and as other 

39481 Indian lands are held : Provided, however, That eighty acres, as 

39482 near as may be, shall, in like manner as above provided for, be 

39483 allotted to each of the minors of said bands on his or her attain- 

39484 ing their majority, or on becoming heads of families by contracting 

39485 marriage, if neither of the parties shall have previously received 

39486 land. 

39487 All the necessary expenses of the surveys and allotments 

39488 thus provided for shall be defrayed out of the funds of said 

39489 bands of Indians in the hands of the Government of the United 

39490 States. 

39491 As the members of said bands become capable of managing 

39492 their business and affairs, the President of the United States 

39493 may, at his discretion, cause patents to be issued to them for the 

39494 tracts of land allotted to them, respectively, in conformity with 

39495 this article, said tracts to be exempt from levy, taxation, sale, 

39496 or forfeiture, until otherwise provided for by the legislature of 

39497 the State in which they are situated, with the assent of Congress ; 

39498 nor shall they be sold or alienated in fee, or be in any other 

39499 manner disposed of, except to the United States or to members 

39500 of said bands. 

39501 Article 2. Whereas by the treaty with the Mendawakanton 

39502 and Wahpakoota bands of Sioux Indians, concluded at Mendota 

39503 on the fifth day of August, one thousand eight hundred and fifty- 

39504 one, (next preceding treaty.) said bands retained for their " future 

39505 occupancy and home," " to be held by them as Indian lands are 

39506 held, a tract of country of the average width of ten miles on either 

39507 side of the Minnesota Eiver," extending from Little Eock Eiver to 

39508 the Tchatamba and Yellow Medicine Eivers, which land was to 

39509 " be held by said bands in common f and whereas the Senate of 

39510 the United States so amended said treaty as to strike therefrom 

39511 the provision setting apart said land as a home for said bands, 

39512 and made provision for the payment to said bands " at the rate 

39513 of ten cents per acre for the lands included in the' 7 said tract so 

39514 reserved and set apart for the "occupancy and home" of said 

39515 bands, and also provided, in addition thereto, that there should 

39516 be " set apart, by appropriate landmarks and boundaries, such 

39517 tracts of country without the limits of the cession made by the 

39518 first article of the" said treaty as should " be satisfactory for their 

39519 future occupancy and home," said Senate amendment providing 

39520 also " that the President may, with the consent of these Indians, 

39521 vary the conditions aforesaid, if deemed expedient," all of which 



887 



39522 provisions in said amendment were assented to by said Indians ; 

39523 and whereas the President so far varied tbe conditions of said 

39524 Senate amendment as to permit said bands to locate for the 

39525 time being upon the tract originally reserved by said bauds for 

39526 a home, and no "tracts of country without the limits of the 

39527 cession" made in the said treaty lias [have] ever been pro- 

39528 vided for or offered to said bands 5 and whereas by the " act 

39529 making appropriations for the current and contingent ex- 

39530 penses of the Indian Department and for .fulfilling treaty 

39531 stipulations with various Indian tribes," approved July 31, 

39532 1854, the President was authorized to confirm to the Sioux of 

39533 Minnesota forever the reserve on the Minnesota Kiver now 

39534 occupied by them, upon such conditions as he may deem just ; 

39535 and whereas, although the President has not directly con- 

39536 firmed said reserve to said Indians, they claim that as they were 

39537 entitled to receive " such tracts of country " as should " be satis- 

39538 factory for their future occupancy and home," and as no such 

39539 country has been provided for, or offered to, said bands, it is 

39540 agreed and stipulated that the question shall be submitted to 

39541 the Senate for decision whether they have such title 5 and if 

39542 they have, what compensation shall be made to them for that 

39543 part of said reservation or tract of land lying on the north side 

39544 of the Minnesota Kiver ; whether they shall be allowed a specific 

39545 sum of money therefor, and, if so, how milch ; or whether the 

39546 same shall be sold, for their benefit, they to receive the proceeds 

39547 of such sale, deducting the necessary expenses incident thereto. 

39548 Such sale, if decided in favor of by the Senate, shall be made 

39549 under and according to regulations to be prescribed by the Sec- 

39550 retary of the Interior, and in such manner as will secure to them 

39551 the largest sum it may be practicable to obtain for said land. 

39552 Article 3. It is also agreed that if the Senate shall au- 

39553 thorize the land designated in article two of this agreement to 

39554 be sold for the benefit of the said Mendawakanton and W~ah- 

39555 pakoota bands, or shall prescribe an amount to be paid said 

39556 bands for their interest in said tract, provision shall be made by 

39557 which the chiefs and head-men of said bands may, in their dis« 

39558 cretion, in open council, authorize to be paid out of the proceeds 

39559 of said tract, such sum or sums as may be found necessary and 

39560 proper, not exceeding seventy thousand dollars, to satisfy their 

39561 just debts and obligations, and to provide goods to be taken by 

39562 said chiefs and head-men to the said bands upon their return s 

39563 Provided, however, That their said determinations shall be ap- 

39564 proved by the superintendent of Indian affairs for the northern 

39565 superin tendency for the time being, and the said payments be 

39566 authorized by the Secretary of the Interior. 

39567 Article 4. The lands retained and to be held by the mem- 



888 



39568 bers of the Mendiwakaiiton and Wahpakoota bands of the 

39589 Dakota or Sioux Indians, under and by virtue of the first article 

39570 of this agreement, shall, to all intents and purposes whatever, 

39571 be deemed and held to be an Indian reservation ; and the laws 

39572 which have been or may hereafter be enacted by Congress, to 

39573 regulate trade and intercourse with the Indian tribes, shall have 

39574 full force and effect over and within the limits of the same ; and 

39575 no person other than the members of the said bands, to be ascer- 

39576 tained and defined under such regulations as the Secretary of 

39577 the Interior shall prescribe, unless such as may be duly licensed 

39578 to trade with said bands, or employed for their benefit, or mem- 

39579 bers of the family of such persons, shall be permitted to reside - 

39580 or make any settlement upon any part of said reservation • and 

39581 the timbered land allotted to individuals, and also that reserved 

39582 for subsequent distribution, as provided in the first article of 

39583 this agreement, shall be free from all trespass, use, or occupation, 

39584 except as hereinafter provided, 

39585 Article 5. The United States shall have the right to estab- 
3}5SQ lish and maintain upon said reservation such military posts, 

39587 agencies, schools, mills, shops, roads, and agricultural or me- 

39588 chanical improvements as may be deemed necessary, but eo 

39589 greater quantity of land or timber shall be taken and used for 

39590 said purposes than shall be actually requisite therefor. And if 

39591 in the establishment or maintenance of such posts, agencies, 

39592 roads, or other improvements, the timber or other property of 

39593 any individual Indian shall be taken, injured, or destroyed, just 

39594 and adequate compensation shall be made therefor by the United 

39595 States. Eoads or highways authorized by competent authority 

39596 other than the United States, the lines of which shall lie through 

39597 said reservation, shall have the right of way through the same, 

39598 upon the fair and just value of such right being paid to the said 

39599 Mendawakanton and Wahpakoota bands by the party or parties 

39600 authorizing or interested in the same, to be assessed and deter- 
3)601 mined in such manner as the Secretary of the Interior shall 

39602 direct, 

39603 Article 6. The Mendawakanton and Wakpakoota bands 

39604 of Dakota or Sioux Indians acknowledge their dependence on 

39605 the Government of the United States, and do hereby pledge and 

39606 bind themselves to preserve friendly relations with the citizens 

39607 thereof, and to commit no injuries or depredations on their per- 

39608 sons or property, nor on those of the members of any other tribe y 

39609 but in case of any such injury or depredation, full compensation 

39610 shall, as far as practicable, be made therefor out of their moneys 

39611 in'the hands of the United States, the amount in all cases to 

39612 be determined by the Secretary of the Interior. They further 

39613 pledge themselves not to engage in hostilities with the Indians of 



889 



39614 any other tribe unless in self-defence, but to submit, through their 

39615 agent, all matters of dispute and difficulty between themselves and 

39616 other Indians for the decision of the President of the United States. 

39617 and to acquiesce in and abide thereby. They also agree to deliver 

39618 to the proper officers all persons belonging to their said bands 

39619 who may become offenders against the treaties, laws, or regula- 

39620 tions of the United States, or the laws of (lie State of Minnesota, 

39621 and to assist in discovering, pursuing, and capturing all such 

39622 offenders whenever required so to do by such officers, through 

39623 the agent or other proper officer of the Indian Depart tnent. 

39624 Article 7. To aid in preventing the evils of intemperance, 

39625 it is hereby stipulated that if any of the members of the said 

39626 Mendawakanton or Wahpakoota bands of Sioux Indians shall 

39627 drink, or procure for others, intoxicating liquors, their proportion 

39628 of the annuities of said bands shall, at the discretion of the 

39629 Secretary of the Interior, be withheld from them for the period 

39630 of at least one year; and for a violation of any of the stipulations 

39631 of this agreement, on the part of any members of said bands, 

39632 the persons so offending shall be liable to have their annuities 

39633 withheld, and to be subject to such other punishment as the 
39631 Secretary of the Interior may prescribe. 

39635 Article 8. Such of the stipulations of former treaties as 

39636 provided for the payment of particular sums of money to the 

39637 said Mendawakanton and Wahpakoota bands, or for the appli- 

39638 cation or expenditure of specific amounts for particular objects 

39639 or purposes, shall be, and hereby are, so amended and changed 

39640 as to invest the Secretary of the Interior with discretionary 

39611 power in regard to the manner and objects of the annual expendi 

39612 ture of all such sums or amounts which have accrued aud are 

39613 now due to said bands, together with the amount the said bauds 

39614 shall become annually entitled to under aud by virtue of the pro- 

39615 visions of this agreement : Provided, The said sums or amounts 

39616 shall be expended for the benefit of said bands at such time or 

39617 times and in such manner as the said Secretary shall deem best 

39618 calculated to promote their interests, welfare, and advance in 

39619 civilization. And it is further agreed that such change may be 

39650 made in the stipulations of former treaties which provide for the 

39651 payment of particular sums for specified purposes as to permit 

39652 the chiefs and braves of said bands, or any of the subdivisions 

39653 of said bands, with the sanction of the Secretary of the Interior, 
39651 to authorize such payment or expenditures of their annuities. 

39655 or any -portion thereof, which are to become due hereafter, as 

39656 may be deemed best for the general interests aud welfare of the 

39657 said bands or subdivisions thereof. 

39658 Article 9. As the Senate struck from the treaty with the 
33659 Mendawakanton band of Sioux of the twenty-ninth day of 

112 i t 



890 



39660 September, one thousand eight hundred and thirty-seven, 

39G61 (proclaimed January 15, 1838 ; see page 878,) the ninth 

39662 clause of the second article and the whole of the third 

39663 article of said treaty, which provided for the payment of four 

39664 hundred and fifty (450) dollars annually, for twenty years, to 

39665 Scott Campbell, and confirmed to the said Scott Campbell a title 

39666 to five hundred (500) acres of land which he then occupied, said 

39667 payment and land being deemed by said Indians to form a part 

39668 of the consideration for which they ceded to the United States 

39669 a certain tract of land in said treaty specified, which reduction, 

39670 in the consideration for said land, has never been sanctioned by 

39671 said Indians, the said Mendawakantons and Wahpakoota bands 

39672 now request that provision be made for the payment of the sum 

39673 of ten thousand (10,000) dollars to A. J. Campbell, the son of 

39674 said Scott Campbell, now deceased, in full consideration of the 

39675 money stipulated to be paid and land confirmed to said Scott 

39676 CampbelHn the original draft of said treaty aforesaid ; which 

39677 subject is hereby submitted to the Senate for its favorable con- 

39678 sideration. 

39679 Article ; s 10. The expenses attending the negotiation of 

39680 this agreement shall be defrayed by the United States. 

39681 N. B.— By the first section of the act of February 16, 1863, 

39682 12th Statutes at Large, page 652, it is provided as follows : That 

39683 all treaties heretofore made and entered into by the Sisseton, 

39684 Wahpaton, Medawakanton, and Wahpakoota bands of Sioux or 

39685 Dakota Indians, or any of them, with the United States, are 

39686 hereby declared to be abrogated and annulled, so far as said 

39687 treaties or any of them purport to impose any future obligation 

39688 on the United States, and all lands and rights of occupancy 

39689 within the State of Minnesota, and all annuities and claims here- 

39690 tofore accorded to said Indians, or any of them, to be forfeited 

39691 to the United States. 

39692 Proclaimed March 31, 1859. 

39693 SIOUX— MIKNECONJON BAND. 

39694 Treaty behveen the United States of America and the Minnecon- 

39695 jon band of Dakota or Sioux Indians, concluded October 10, 

39696 1865 ; ratification advised, with amendment, March 5, 1866 ; 

39697 proclaimed March 17, 1866. 

39698 Andrew Johnson, President of the United States of America, 

39699 to all and singular to whom these presents shall come, greet- 

39700 ing: 

39701 Whereas a treaty was made and concluded at Fort Sully, in 

39702 the Territory of Dakota, on the tenth clay of October, in the 

39703 year of our Lord one thousand eight hundred and sixty-five, by 



891 



39704 and between Newton Edmunds, Edward B. Taylor, Major-Gen- 

39705 eral S. R. Curtis, Brigadier-General II. H. Sibley, Henry W. 

39706 Reed, and Orrin Guernsey, commissioners on the part of the 

39707 United States, and Hah-wah-zee-dan, (the Lone I loi n,) Tah-ke- 

39708 chah-hoosh-tay, (the Lame Deer,) and other chiefs and head-men 

39709 of the Minneconjon band of Dakota or Sioux Indians, on the 

39710 part of said band of Indians, and duly authorized thereto by 

39711 them, which treaty is in the words and figures following, to 

39712 wit : 

39713 Articles of a treaty made and concluded at Fort Sully, in the 

39714 Territory of Dakota, by and between Newton Edmunds, 

39715 governor and ex-officio superintendent of Indian affairs of 

39716 Dakota Territory, Edward B. Taylor, superintendent of 

39717 Indian affairs for the northern superintendeucy, Major- 

39718 General S. R. Curtis, Brigadier-General H. H. Sibley, 

39719 Ilenry W. Reed, and Orrin Guernsey, commissioners on 

39720 the part of the United States, duly appointed by the Presi- 

39721 dent, and the undersigned chiefs and head-men of the Miu- 

39722 neconjon band of Dakota or Sioux Indians. 

39723 . Article 1. The Minneconjon band of Dakota or Sioux In- 

39724 dians, represented in council, hereby acknowledge themselves to 

39725 be subject to the exclusive jurisdiction and authority of the 

39726 United States, and hereby obligate aud bind themselves indi- 

39727 vidually and collectively not only to cease all hostilities against 

39728 the persons and property of its citizens, but to use their influ- 

39729 euce, and, if requisite, physical force, to prevent other bands of 

39730 the Dakota or Sioux or other adjacent tribes from making hos- 

39731 tile demonstrations against the Government or people of the 

39732 United States. 

39733 Article 2. Inasmuch -as the Government of the United 

39734 States is desirous to arrest the effusion of blood between the 

39735 Indian tribes within its jurisdiction hitherto at war with each 

39736 other, the Minneconjon band of Dakotas or Sioux, represented 

39737 in council, anxious to respect the wishes of the Government, 

39738 hereby agree and bind themselves to discontinue for the future 

39739 all attacks upon the persons or property of other tribes unless 

39740 first assailed by them, and to use their influence to promote 

39741 peace everywhere in the region occupied or frequented by 

39742 them. 

39743 Article 3. All controversies or differences arising between 

39744 the Minneconjon band of Dakotas or Sioux, represented in coun- 

39745 oil, and other tribes of Indians, involving the question of pein e 

39746 or war, shall be submitted to the arbitrament of the President, 

39747 or such person or persons as may be designated by him, and 

39748 the decision or award faithfully observed by the said baud rep- 

39749 resented in council. 



892 



39750 Article 4. The said band, represented in council, shall 

39751 withdraw from the routes overland already established or here- 

39752 after to be established through their country ; and in eonsidera- 

39753 tion thereof the Government of the United States agree to pay 

39754 the said band the sum of ten thousand dollars annually tor 

39755 twenty years in such articles as the Secretary of the Interior 

39756 may direct: Provided, That said band so represented in council 

39757 shall faithfully conform to the requirements of this treaty. 

39758 Article 5. Should any individual or individuals or por- 

39759 tion of the band of the Minneconjon band of Dakotas or Sioux, 

39760 represented in council, desire hereafter to locate permanently 

39761 upon any part of the lands claimed by the said band for the 

39762 purpose [of] agricultural or other pursuits, it is hereby agreed 

39763 by the parties to this treaty that such individual or individuals 
39761 shall be protected in such location against any annoyance or 

39765 molestation on the part of whites or Indians. 

39766 Article 6. Any amendment or modification of this treaty 

39767 by the Senate of the United States shall be considered final and 

39768 binding upon the said band, represented in council, as a part of 

39769 this treaty in the same manner as if it had been subsequently 

39770 presented and agreed to by the chiefs and head-men of said 

39771 band. 

39772 Proclaimed March 17, 1866. 



39773 SIOUX— LOWER BRUSLE BAND. 

39774 Treaty between the United /States of America and the Lower Brute 

39775 band of Dakota or Sioux Indians, concluded October 14, 

39776 1865 ; ratification advised, with amendment, March 5, 1866. 

39777 Andrew Johnson, President of the United States of America, - 

39778 to all and singular to whom these presents shall come, 

39779 greeting : 

39780 Whereas a treaty was made and concluded at Fort Sully, in 

39781 the Territory of Dakota, on the fourteenth day of October, in 

39782 the year of our Lord one thousand eight hundred and sixty-five, 

39783 by and between Newton Edmunds, Edward B. Taylor, Major- 

39784 General S. R. Curtis, Brigadier-General H. H. Sibley, Henry W r . 

39785 Reed, and Orrin Guernsey, commissioners on the part of the 

39786 United States, and Muz-zah-wy-ah-tay, (the Iron Nation,) Tah- 

39787 ton-kah-wak-kon, (Medicine Ball,) and other chiefs and head- 

39788 men of the Lower Brule band of Dakota or Sioux Indians, on 

39789 the part of said band of Indians, and duly authorized thereto by 

39790 them, which treaty is in the words and figures following, to 

39791 wit : 



81)3 



39792 Articles of a treaty made and concluded at Fort Sully, in the 

39793 Territory of Dakota, by and between Newton Edmunds, 

39794 governor and ex-officio superintendent of Indian affairs oi 

39795 Dakota Territory, Edward B. Taylor, superintendent of ln- 
39790 dian affairs for the northern superintendency, Major-Gen- 

39797 eral S. E. Curtis, Brigadier-General H. H. Sibley, Henry \V. 

39798 Eeed, and Orrin Guernsey, commissioners on the part of the 

39799 United States, duly appointed by the President, and the un- 
39S00 dersigned chiefs and head-men of the Lower Brule band of 

39801 Dakota or Sioux Indians. 

39802 Article 1. The Lower Brule band of Dakota or Sioux In 

39803 dians, represented in council, hereby acknowledge themselves 

39804 to be subject to the exclusive jurisdiction and authority of the 

39805 United States, and hereby obligate and bind themselves, individ- 
3980(3 ually and collectively, not only to cease all hostilities against 

39807 the persons and property of its citizens, but to use their influ- 

39808 ence, and, if necessary, physical force, to prevent other bands 

39809 of the Dakota or Sioux, or other adjacent tribes, from making 

39810 hostile demonstrations against the Government of the United 

39811 States or its people. 

39812 Article 2. Inasmuch as the Government of the United 

39813 States is desirous to arrest the effusion of blood between the 

39814 Indian tribes within its jurisdiction hithereto at war with eaeh 

39815 other, the Lower Brule band of Dakotas or Sioux, represented 

39816 in council, anxious to respect the wishes of the Government, 

39817 hereby agree and bind themselves to discontinue for the future 

39818 all attacks upon the persons or property of other tribes, unless 

39819 first assailed by them, and to use their influence to promote 

39820 peace everywhere in the region occupied or frequented by them. 

39821 Article 3. All controversies or differences arising between 

39822 the Lower Brule band of Dakotas or Sioux, represented in 

39823 council, and other tribes of Indians, involving the question of 
39821 peace or war, shall be submitted for the arbitrament of the 

39825 President, or such person or persons as may be designated by 

39826 by him, and the decision or award faithfully observed by the 

39827 said band represented in council. 

39828 Article 1. The said band represented in council shall with- 

39829 draw from the routes overland already established, or hereafter 

39830 to be established through their country; and in consideration 

39831 thereof, the Government of the United States agree to pay to 

39832 the said band the sum of six thousand dollars annually, for 

39833 twenty years, in such articles as the Secretary of the Interior 
39831 may direct: Provided, That said band so represented in council 

39835 shall faithfully conform to the requirements of this treaty. 

39836 Article 5. Should any individual or individuals, or por- 

39837 tion of the Lower Brule baud of Dakotas or Sioux, represented 



894 



39838 in council, desire hereafter to locate permanently upon any part 

39839 of the lands claimed by the said baud for the purpose of agri- 

39840 cultural or other pursuits, it is hereby agreed by the parties to 

39841 this treaty that such individual or individuals shall be protected 

39842 in such location against any annoyance or molestation on the part 

39843 of whites or Indians. 

39844 Article 6. It is hereby agreed upon the part of the Gov- 

39845 eminent of the United States that the said band of Lower Brules 
39841) shall locate on a permanent reservation at or near the mouth of 

39847 the White River, to include Fort Lookout, twenty miles in a 

39848 straight line along the Missouri River, and ten miles in depth ; 

39849 and that upon the actual occupation of not less than fifty lodges 

39850 or' families of said reservation, and their engaging permanently 
89851 in agricultural and other kindred pursuits, the 'Government of 
39852 the United States agree to furnish at its own cost the sum of 
3^)853 twenty-five dollars for each and every lodge or family so eu- 

39854 gaged, as a common fund, to be expended in stock, agricultural 

39855 and other implements, and general improvements, as shall be di- 

39856 rected by the Secretary of the Interior ; the said, sum to be fur- 

39857 nished annually for five years ; it being understood that the 
odSoS said stock, agricultural and other implements, shall be and,re- 

39859 main the property of the United States, to be used and em- 

39860 ployed for the exclusive benefit of the lodges or families so lo- 

39861 cated, and in no case to be sold or alienated by the said band or 

39862 any member thereof; and the United States further engage to 

39863 employ, at its own cost, a blacksmith and farmer for the benefit 

39864 of the said lodges or families. 

39865 The United States reserve the right to construct a road or 

39866 roads through the said reservation. 

39867 No white person, other than officers, agents, or employes of 
39S()S the United States, shall be permitted to go on or remain on the 

39869 said reservation, unless previously admitted as a member of the 

39870 said band according to their usages. 

39871 Whenever the Secretary of the Interior may so direct, 

39872 schools for the instruction of the said band may be opened on 

39873 the said reservation. 

39874 Article 8. The undersigned chiefs of the Brules hereby 

39875 further agree that should the Two Kettles band of the Dakota 

39876 or Sioux Indians be located adjoining them, they will cheerfully 

39877 allow them to do so, and also agree that the employes secured 

39878 to the Brules may be used also for the joint benefit of the said 

39879 Two Kettles, at the discretion of the Government. 

39880 Article 8. Any amendment or modification of this treaty 

39881 by the Senate of the United States shall be considered final and 

39882 binding upon the said band represented in council as a part of 



895 



39SS3 this treaty, in the same manner as if it had been subsequently 

39884 presented and agreed to by the chiefs and head-men of said band. 

39885 Proclaimed March 17, I860. 



39886 SIOUX — TWO-KETTLE BAND. 

39887 Treaty between the United States of America and the Two-Kettles 

39888 Band of DaJcotali or Sioux Indians ; concluded October 19, 

39889 18G5 ; ratification advised, with amendment, March 5, 1866. 

39890 Andrew Johnson, President of the United States of America, 

39891 to all and singular to whom these presents shall come, greet- 

39892 ing : 

39893 Whereas a treaty was made and concluded at Fort Sully, in 
39891 the Territory of Dakota, on the nineteenth day of October, in 
39895 the year of our Lord one thousand eight hundred and sixty -five, 
39890 by and between Newton Edmunds, Edward B. Taylor, Major- 

39897 General S. P. Curtis, Brigadier-General II. H. Sibley, Henry W. 

39898 Peed, and Orrin Guernsey, commissioners on the part of the 

39899 United States, and Cha-tan-skah, (The White Hawk,) E-to- 

39900 ke-ah, (The Hunrp,) and other chiefs and head-men of the Two- 

39901 Kettles bands of Dakota or Sioux Indians, on the part of said 

39902 band of Indians, and duly authorized thereto by them, which 

39903 treaty is in the words and figures following, to wit : 

39901 Articles of a treaty made and concluded at Fort Sully, iu the 

39905 Territory of Dakota, by and between Newton Edmunds. 

39906 governor and ex-oflicio superintendent of Indian affairs of 

39907 Dakota Territory, Edward B. Taylor, superintendent of In- 

39908 diau affairs for the northern superin tendency, Major-General 

39909 S. P. Curtis, Brigadier-General H. H. Sibley, Henry W. 

39910 Peed, and Orrin Guernsey, commissioners on the part of 

39911 the United States, duly appointed by the President, and the 

39912 undersigned, chiefs and head-men of the Two-Kettles band 

39913 of Dakota or Sioux Indians. 

39911 Article 1. The Two-Kettles band of Dakota or Sioux In- 

39915 dians, represented iu council, hereby acknowledge themselves to 

39916 be subject to the exclusive jurisdiction and authority of the 

39917 United States, and hereby obligate and bind themselves, indi- 

39918 vidually and collectively, not only to cease all hostilities against 

39919 the persons and property of its citizens, but to use their in- 

39920 fluence, and, if necessary, physical force, to prevent other bands 

39921 of the Dakota or Sioux' or other adjacent tribes, from making 

39922 hostile demonstrations against the Government of the United 

39923 States, or its people. 



896 



39924 Article 2. Inasmuch as the Government of the United 

39925 States is desirous to arrest the effusion of blood between the 
3992G Indian tribes within its jurisdiction, hitherto at war with each 

39927 other, the Two-Kettles band of Dakota or Sioux, represented in 

39928 council, anxious to respect the wishes of the Government, here- 

39929 by agree and bind themselves to discontinue for the future all 

39930 attacks upon the persons or property of other tribes, unless first 

39931 assailed by them, and to use tbeir influence to promote peace 

39932 everywhere in the region occupied or frequented by them. 

39933 Article 3. Ail controversies or differences arising between 

39934 the Two-Kettles band of Dakota or Sioux, represented in council, 

39935 and other tribes of Indians, involving the question of peace or 

39936 war, shall be submitted for the arbitrament of the President, or 

39937 such person or persons as may be designated by him, and the 

39938 decision or award faithfully observed by the said band, repre- 

39939 sen ted in council. 

39910 Article 4. The said band, represented in council, shall 

39941 withdraw from the routes overland already established, or here- 

39942 after to be established, through their country; and, in considera- 

39943 tion thereof, the Government of the United States agree to pay 

39944 to the said band the sum of six thousand dollars annually, for 

39945 twenty years, in such articles as the Secretary of the Interior 
3994G may direct: Provided, That the said band so represented in 

39947 council shall faithfully conform to the requirements of this treaty. 

39948 Article 5. Should any indi vidua! or individuals, or portion of 

39949 the band of the Two-Kettles band of Dakota or Sioux Indians, rep- 

39950 resented in council, desire hereafter to locate permanently upon 

39951 any part of the land claimed by the said band, for the purpose of 

39952 agricultural or other pursuits, it is hereby agreed by the parties to 

39953 this treaty that such individual or individuals shall be protected in 

39954 such location against any annoyance or molestation on the part 

39955 of whites or Indians ; and where twenty lodges or families of 

39956 the Two-Kettles band shall have located on lands for agricultural 

39957 purposes, and signified the same to their agent or superintendent, 

39958 they, as well as other families so locating, shall receive the sum 

39959 of twenty-five dollars annually, for five years, for each family, 
39900 in agricultural implements and improvements ; and when one 

39961 hundred lodges or families shall have so engaged in agricultural 

39962 pursuits, they shall be entitled to a farmer and blacksmith, at 

39963 the expense of the Government, also teachers, at the option of 

39964 the Secretary of the Interior, when deemed necessary. 

39965 Article 6. Soldiers in the United States service having 

39966 killed Ish-tah-chah-ne-aha, (Puffing Eyes,) a friendly chief of the 

39967 Two-Kettles band of Dakota or Sioux Indians, it is hereby agreed 

39968 that the Government of the United States shall cause to be paid 

39969 to the surviving widow of the deceased, and his children, seven- 



897 



39970 teen in number, the sum of five hundred dollars ; and to the 

39971 said tribe or band, in common, as indemnity for killing said chief, 

39972 the sum of five hundred dollars, said payment to be made under 

39973 the direction of the Secretary of the Interior. 

39974 Article 7. Any amendment or modification of this treaty 

39975 by the Senate of the United States shall be considered final and 

39976 binding upon the said band, represented in council, as a part of 

39977 this treaty, in the same manner as if it had been subsequently 

39978 presented and agreed to by the chiefs and head-men of said 

39979 band. 

39980 Proclaimed March 17, 1866. 



39981 SIOUX— SANS ABC BAND. 

39982 Treaty between the United States of America and the Sans Arcs 

39983 Band of Dakota or Sioux Indians ; concluded October 20, 
39981 1865} ratification advised, with amendment, March 5, 1866. 

39985 Andrew Johnson, President of the United States of America, 

39986 to all and singular to whom these presents shall come, greet- 

39987 ing: 

39988 Whereas a treaty was made and concluded at Fort Sully, in 

39989 the Territory of Dakota, on the twentieth day of October, in the 

39990 year of our Lord one thousand eight hundred and sixty-five, by 

39991 and between Newton Edmunds, Edward B. Taylor, Major-Gen- 

39992 eral S. R, Curtis, Brigadier-General H. H. Sibley, Henry W. Beed, 

39993 and Orrin Guernsey, commissioners on the part of the United 
39991 States, and Wah-mun-dee-o-pee-doo-tah, (The War Eagle with 

39995 the Bed Tail,) Cha-tau'-hne, (The Yellow Hawk,) and other chiefs 

39996 and head-men of the Sans Arcs band of Dakota or Sioux Indians, 

39997 on the part of said band of Indians, and duly authorized thereto 

39998 by them, which treaty is in the words and figures following, to 

39999 wit : 

10000 Articles of a treaty made a^nd concluded at Fort Sully, in the 

10001 Territory of Dakota, by and between Newton Edmunds. 

10002 governor and ex-officio superintendent of Indian affairs of 

10003 Dakota Territory, Edward B. Taylor, superintendent of In- 
10001 dians affairs for the northern superiutendeney, 3Iajor-Gen- 

40005 eral S. B. Curtis, Brigadier-General H. H. Sibley, Henry W. 

40006 Beed, and Orrin Guernsey, commissioners on the part of 

40007 the United States, duly appointed by the President, and the 

40008 undersigned chiefs and head-men of the Sans Ares band of 

40009 Dakota or Sioux Indians. 

40010 Article 1. The Sans Arcs baud of Dakota or Sioux Indians. 

113 I T 



898 



40011 represented in council, hereby acknowledge themselves to be 

40012 subject to the exclusive jurisdiction and authority of the United 

40013 States, and hereby obligate and bind themselves, individually 

40014 and collectively, not only to cease all hostilities against the per- 

40015 sons and property of its citizens, but to use their influence, and, 

40016 if requisite, physical force, to prevent other bands of Dakota In- 

40017 dians, or other adjacent tribes, from making hostile demonstra- 

40018 tions against the Government or people of the United States. 

40019 Article 2. Inasmuch as the Government of the United 

40020 States is desirous to arrest the effusion of blood between the 

40021 Indian tribes within its jurisdiction hitherto at war with each 

40022 other, the Sans Arcs band of Dakota or Sioux Indians, repre- 

40023 sented in council, anxious to respect the wishes of the Govern- 

40024 ment, hereby agree to discontinue for the future all attacks 

40025 upon the persons or property of other tribes, unless first attacked 

40026 by them, and to use their influence to promote peace everywhere 

40027 in the region occupied or frequented by them. 

40028 Article 3. All controversies or differences arising bet ween 

40029 the Sans Arcs band of Dakota or Sioux Indians involving the 

40030 question of peace or war shall be submitted for the arbitrament 

40031 of the President, or such person or persons as may be designated 

40032 by him, and the decision or award shall be faithfully observed 

40033 by the said band represented in council. 

40034 Article 4. The said band represented in council shall with- 

40035 draw from the route overland already established or hereafter to 

40036 be established through their country ; and in consideration there- 

40037 of the Government of the United States agree to pay the said 

40038 band the sum of thirty dollars for each lodge or family, an- 

40039 Dually, for twenty years, in such articles as the Secretary of the 

40040 Interior may direct : Provided, That said band so represented in 

40041 council shall faithfully conform to the requirements of this 

40042 treaty. 

40043 Article 5. Should any individual or individuals or portion 

40044 of the band of the Sans Arcs band of Dakota or Sioux Indians, 

40045 represented in council, desire hereafter to locate permanently 

40046 upon any land claimed by said band for the purposes of agricul- 

40047 tural or other similar pursuits, it is hereby agreed by the parties 

40048 to this treaty that such individuals shall be protected in such 

40049 location against any annoyance or molestation on the part of 

40050 whites or Indians 5 and whenever twenty lodges or families of 

40051 the Sans Arcs band shall have located on land for agricultural 

40052 purposes, and signified the same to their agent or superintendent, 

40053 they, as well as other families so locating, shall receive the sum 

40054 of twenty-five dollars annually, for five years, for each family, 

40055 in agricultural implements and improvements ; and when one 

40056 hundred lodges or families shall have so engaged in agricul- 



899 



40057 tural pursuits they shall be entitled to a farmer and black - 

40058 smith, at the expense of the Government ; as also teachers, at 

40059 the option of the Secretary of the Interior, whenever deemed 

40060 necessary. 

40061 Article. G. Any amendment or modification of this treaty 

40062 by the Senate of the United States shall be considered final and 

40063 binding upon the said band represented in council, as a part of 

40064 this treaty, in the same manner as if it had been subsequently 

40065 presented and agreed to by the chiefs and head-men of said 

40066 band. 

40067 Proclaimed March 17, 1866. 



40068 SIOUX— ONKPAHPAH BAXD. 

40069 Treaty between, the United States of America and the Onlcpahpaft 

40070 band of Dakota or Sioux Indians, concluded October 20, 

40071 1865 ; ratification advised, with amendment, March 5, 1866. 

40072 Andrew Johnson, President of the United States of America, 

40073 to all and singular to whom these presents shall come, 

40074 greeting: 

40075 Whereas a treaty was made and concluded at Fort Sully, in 

40076 the Territory of Dakota, on the twentieth day of October, in 

40077 the year of our Lord one thousand eight hundred and sixty-five, 

40078 by and between Newton Edmunds, Edward B. Taylor, Major- 

40079 General S. R. Curtis, Brigadier-General H. H. Sibley, Henry W. 

40080 Reed, and Orrin Guernsey, commissioners on the part of the 

40081 United States, and Ah-ke-tcke-tah-hon-skak, (The Tall Soldier.) 

40082 Mah-to-che-kah, (The Little Bear,) and other chiefs and head men 

40083 of the Onkpahpah band of Dakota or Sioux Indians, on the pai t 

40084 of said band of Indians, and duly authorized thereto by them. 

40085 which treaty is in the words and figures following, to wit : 

40086 Articles of a treaty made and concluded at Fort Sully, in the 

40087 Territory of Dakota, by and between Newton Edmunds, 

40088 governor and ex-officio superintendent of Indian affairs of 

40089 Dakota Territory, Edward B. Taylor, superintendent of In- 

40090 dian affairs for the northern superin tendency, Major-Gen- 

40091 eral S. R. Curtis, Brigadier-General H. H. Sibley, Henry W; 

40092 Reed, and Orrin Guernsey, commissioners on the part of 

40093 the United States, duly appointed by the President, and the 

40094 undersigned chiefs and head-men of the Onkpahpah band 

40095 of Dakota or Sioux Indians. 

40096 Article 1. The Onkpahpah band of Dakota or Sioux Iu- 

40097 dians, represented in council, hereby acknowledge themselves 



900 



40098 to be subject to the exclusive jurisdiction and authority of the 

40099 United States, and hereby obligate and bind themselves, indi- 

40100 vidually and collectively, not only to cease all hostilities against 

40101 the persons and property of its citizens, but to use their influ- 

40102 ence, and, if requisite, physical force, to prevent other bands of 

40103 Dakota Indians, or other adjacent tribes, from making hostile 

40104 demonstrations against the Government or people of the United 

40105 States. 

40106 Article 2. Inasmuch as the Government of the United 

40107 States is desirous to arrest the effusion of blood between the 

40108 Indian tribes within its jurisdiction hitherto at war with each 

40109 other, the Onkpahpah band of Dakota or Sioux Indians, rep= 

40110 resented in council, anxious to respect the wishes of the Govern- 

40111 ment, hereby agree to discontinue for the future all attacks upon 

40112 the persons or property of other tribes, unless first attacked by 

40113 them, and to use their influence to promote peace everywhere in 

40114 the region occupied or frequented by them. 

40115 Article 3. All controversies or differences arising between 

40116 the Onkpahpah band of Dakota or Sioux Indians involving the 

40117 question of peace or war shall be submitted for the arbitrament 

40118 of the President, or such person or persons as may be designated 

40119 by him, and the decision or award shall be faithfully observed 

40120 by the said band represented in council. 

40121 Article 4. The said band, represented in council, shall with - 

40122 draw from the routes overland already established, or hereafter 

40123 to be established, through their country ; and in consideration 

40124 thereof the Government of the United States agree to pay the 

40125 said band the sum of thirty dollars for each lodge or family, au- 

40126 nually, for twenty years, in such articles as the Secretary of the 

40127 Interior may direct : Provided, That said band so represented in 

40128 council shall faithfully conform to the requirements of this 

40129 treaty. 

40130 Article 5. Should any individual or individuals, or portion 

40131 of the band of the Onkpahpah band of Dakota or Sioux Indians, 

40132 represented in council, desire hereafter to locate permanently 

40133 upon any land claimed by said band for the purposes of agricul- 

40134 tural or other similar pursuits, it is hereby agreed by the parties 

40135 to this treaty that such individuals shall be protected in such 

40136 location against any annoyance or molestation on the part of 

40137 whites or Indians j and whenever twenty lodges or families of the 

40138 Onkpahpah band shall have located on land for agricultural 

40139 purposes, and signified the same to their agents or superintendent, 

40140 they, as well as other families so locating, shall receive the sum 

40141 of twenty-five dollars annually for five years, for each family, 

40142 in agricultural implements and improvements ; and when one 

40143 hundred lodges or families shall have so engaged in agricultural 



901 



40144 pursuits, they shall be entitled to a farmer and blacksmith, at 

40145 the expense of the Government j as also teachers, at the option 

40146 of the Secretary of the Interior, whenever deemed necessary. 

40147 Article 6. Any amendment or modification of this treaty 

40148 by the Senate of the United States shall be considered final and 

40149 binding upon the said band, represented in council, as a part of 

40150 this treaty, in the same manner as if it had been subsequently 

40151 presented and agreed to by the chiefs and head-men of said 

40152 band. 

40153 Proclaimed March 17, 1866. 



40154 SIOUX— O'GALLALA BAND. 



40155 Treaty between the United States of America and the O'Gallala 

40156 band of Dakota or Sioux Indians, concluded October 28, 

40157 1865 ; ratification advised, with amendment, March 5, 1866 ; 

40158 proclaimed March 17, 1866. 

40159 Andreav Johnson, President of the United States of America, 

40160 to all and singular to whom these presents shall come, greet - 

40161 ing: 

40162 . Whereas a treaty was made and concluded at Port Sully, in 

40163 the Territory of Dakota, on the twenty-eighth day of October, 

40164 in the year of our Lord one thousand eight hundred and sixty- 

40165 five, by and between Newton Edmunds, Edward B. Taylor, 

40166 Major-General S. E. Curtis, Brigadier-General H. H. Sibley, 

40167 Henry W. Eeed, and Orrin Guernsey, commissioners on the 

40168 part of the United States, and Tan-tan-ka-has-ka, (Long Bull,) 

40169 Ma-lo-wa-ta-khe, (The Charging Bear,) and other chiefs and 

40170 head-men of the O'Gallala band of Dakota or Sioux Indians, cn 

40171 the part of said band of Indians, and duly authorized thereto 

40172 by them, which treaty is in the words and figures following, to 

40173 wit : 

40174 Articles of a treaty made and concluded at Port Sully, in the 

40175 Territory of Dakota, by and between Newton Edmunds 

40176 governor and ex-officio superintendent of Indian affairs of 

40177 Dakota Territory, Edward B. Taylor, superintendent of 

40178 Indian affairs for the northern superintendency, Major-Gen - 

40179 eral S. E. Curtis, Brigadier-General H. H. Sibley, Henry 

40180 W. Eeed, and Orrin Guernsey, commissioners on the part 

40181 of the United States, duly appointed by the President, and 

40182 the undersigned chiefs and head-men of the O'Gallala band 

40183 of Dakota or Sioux Indians. 

40184 Article 1. The O'Gallala band of Dakota or Sioux 



902 



40185 Indians, represented in council, hereby acknowledge themselves 

40186 to be subject to the exclusive jurisdiction and authority of the 

40187 United States, and hereby obligate and bind themselves, indi- 

40188 vidually and collectively, not only to cease all hostilities against 

40189 the persons and property of its citizens, but to use their influ- 

40190 ence, and, if necessary, physical force, to prevent other bands 

40191 of the Dakota Indians, or other adjacent tribes, from making 

40192 hostile demonstrations against the Government or people of the 

40193 United States. 

40194 Article 2. Inasmuch as the Government of the United 

40195 States is desirous to arrest the effusion of blood between the 

40196 Indian tribes within its jurisdiction hitherto at war with each 

40197 other, the O'Gallala band of Dakota or Sioux Indians, repre- 

40198 sented in council, anxious to respect the wishes of the Govern- 

40199 ment, hereby agree to discontinue for the future all attacks upon 

40200 the persons or property of other tribes, unless first attacked by 

40201 them, and to use their influence to promote peace everywhere 

40202 in the region occupied or frequented by them. 

40203 Article 3. All controversies or differences arising between 

40204 the O'Gallala band of Dakota or Sioux Indians, represented in 

40205 council, and other tribes of Indians, involving the question of 

40206 peace or war, shall be submitted shall be submitted for the arbi- 

40207 trament of the arbitrament of the President, or such person or 

40208 persons as may be designated by him, and the decision or award 

40209 faithfully observed by the said band represented in council. 

40210 Article 4. The said band, represented in council, shall 

40211 withdraw from the routes overland already established or here- 

40212 after to be established through their country ; and, in consider- 

40213 ation thereof, the Government of the United States agree to pay 

40214 to the said band the sum of ten thousand dollars annually for 

40215 twenty years, in such articles as the Secretary of the Interior 

40216 may direct: Provided, That said band, so represented in coun- 

40217 cil, shall faithfully conform to the requirements of this treaty. 

40218 Article 5. Should any individual or individuals, or portion 

40219 of the band of the [O'Gallala] band of Dakota or Sioux Indians, 

40220 represented in council, desire hereafter to locate permanently 

40221 upon any land claimed by said band for the purposes of agri- 

40222 cultural or other similar pursuits, it is hereby agreed by the 

40223 parties to this treaty that such individuals shall be protected in 

40224 such location against any annoyance or molestation on the part 
49225 of whites or Indians ; and whenever twenty lodges or families 

40226 of the O'Gallala band shall have located on land for agricultural 

40227 purposes, and signified the same to their agent or superintend- 

40228 ent, they, as well as other families so locating, shall receive the 

40229 sum of twenty-five dollars annually, for five years, for each 

40230 family, in agricultural implements and improvements; and 



903 



40231 when one hundred lodges or families shall have so engaged in 

40232 agricultural pursuits, they shall be entitled to a farmer and 

40233 blacksmith, at the expense of the Government, as also teachers, 

40234 at the option of the Secretary of the Interior, whenever deemed 

40235 necessary. 

40236 Article 6. Any amendment or modification of this treaty 

40237 by the Senate of the United States shall be considered final and 
4j0238 binding upon the said band, represented in council, as a part of 

40239 this treaty, in the same mauner as if it had been subsequently 

40240 presented and agreed to by the chiefs and head-men of said 

40241 band, 

40242 Proclaimed March 17, 1866, 



40243 SIOUX—S1SSEETON AND WAHPATON BANDS. 



40244 Treaty between the United States and the Sisseeton and Wahpaton 

40245 bands of the Dakota or Sioux tribe of Indians, concluded at 

40246 Wash ington, J tine 19, 1858 ; ratified by the Senate, March 9, 1859. 

40247 James Buchanan, President of the United States of America, 

40248 to all and singular to whom these presents shall come, 

40249 greeting : 

40250 Whereas a treaty was made and concluded at the city of 

40251 Washington on the nineteenth day of June, one thousand eight 

40252 hundred and fifty-eight, by Charles E. Mix, commissioner on the 

40253 part of the United States, and the following-named chiefs and 

40254 head-men of the Sisseeton and Wahpaton bands of the Dakota 

40255 or Sioux tribe of Indians, viz : Maz zah-shaw, Wamdupidutah, 

40256 Qjupi, and Hahutanai, on the part of the Sisseetons, and Maz-zo- 

40257 manee, Muz-zakoote manee, Upiyakideyaw, Umpedutokechaw, 

40258 and Tachandupahotanka, on the part of the Wahpatons, they 

40259 being duly authorized and empowered to act for said bands, which 

40260 treaty is in the words and figures following, to wit: 

40261 Articles of agreement and convention made and concluded at 

40262 the city of Washington on the nineteenth day of June, one 

40263 thousand eight hundred and fifty-eight, by Charles E. Mix, 

40264 commissioner on the part of the United States, and the fol- 

40265 lowing-named chiefs and head-men of the Sisseeton and 

40266 Wahpaton bands of the Dakota or Sioux tribe of Indians, 

40267 viz : Maz-zah-shaw, Wamdupidutah, Qjupi, and Hahutanai, 

40268 on the part of the Sisseetons, and Maz-zomanee, Muz za- 

40269 koote-manee, Upiyahideyaw, Umpedutokechaw, and Tach- 

40270 andupahotanka, on the part of the Wahpatons, they being 

40271 duly authorized and empowered to act for said bands. 



904 



40272 Article 1. It is hereby agreed and stipulated that as soon 

40273 as practicable after the ratification of this agreement, so much 

40274 of that part of the reservation or tract of land now held and 

40275 possessed by the Sisseeton and Wahpaton bands of the Dakota 

40276 or Sioux Indians, and which is described in the third article of 

40277 the treaty made with them on the twenty^third day of July, one 

40278 thousand eight hundred and fifty-one, which lies south or south- 

40279 westwardly of the Minnesota Eiver, shall constitute a reservation 
4)280 for said bands, and shall be surveyed, and eighty acres thereof, 

40281 as near as may be in conformity with the public surveys, be 

40282 allotted in severalty to each head of a family or single person 

40283 over the age of twenty-one years, in said bands of Indians ; 

40284 said allotments to be so made as to include a proper proportion 

40285 of timbered land, if the same be practicable, in each of said 

40286 allotments. The residue of said part of said reservation not so 

40287 allotted shall be held by said bands in common, and as other In- 

40288 dian lands are held : Provided, however, That eighty acres there- 

40289 of, as near as may be, shall, in like manner, as above provided 

40290 for, be allotted to each of the minors of said bands on his or her 

40291 attaining their majority, or on becoming heads of families, by 

40292 contracting marriage, if neither of the parties shall have previ- 

40293 ously received land. All the necessary expenses of the surveys 

40294 and allotments thus provided for shall be defrayed out of the 

40295 funds of said bands of Indians in the hands of the Government 

40296 of the United States. As the members of said bands become 
41297 capable of managing their business and affairs, the President of 
43298 the United States may, at his discretion, cause patents to be is- 

40299 sued to them for the tracts of land allotted to them, respectively, 

40300 in conformity with this article ; said tracts to be exempt from 

40301 levy, taxation, sale, or forfeiture until otherwise provided for by 

40302 the legislature of the State in w T hich they are situated, with the 

40303 assent of Congress ; nor shall they be sold or alienated in fee, or 

40304 be in any other manner disposed of, except to the United States 

40305 or to members of said bands. 

40306 Article 2. Whereas, by the treaty with the Sisseeton and 

40307 Wahpaton bands of Sioux Indians, concluded at Traverse des 

40308 Sioux on the twenty-third day of July, one thousand eight hun- 

40309 dred and fifty-one, said bands retained for their u future occu- 

40310 pancy and home," u to be held by them as Indian lands are held, 

40311 all that tract of country on the Minnesota Eiver, from the west- 

40312 ern boundary 7 ' of the cession therein made " east to the Tcha- 

40313 tam-ba Eiver on the north, and to the Yellow Medicine Eiver on 

40314 the south side, to extend on each side a distance of not less than 

40315 ten miles from the general course of said Minnesota Eiver f 

40316 And whereas the Senate of the United States so amended 

40317 said treaty as to strike therefrom the provision setting apart the 



905 



40318 said land as a home for said bauds, and made provision for the 

40319 payment to said bands, u at the rate of ten cents per acre for 

40320 the land included in the said tract so retained and set apart for 

40321 the occupancy and home " of said bands, and also provided in 

40322 addition thereto that there should be "set apart by appropriate 

40323 landmarks and boundaries such tracts of country without the 

40324 limits of the cession made by the first article of the said treaty 

40325 as shall be satisfactory for their future occupancy and home ;" 

40326 said Senate amendment providing also " that the President may, 

40327 with the consent of these Indians, vary the conditions aforesaid, 

40328 if deemed expedient;" all of which provisions in said amendment 

40329 were assented to by said Indians; 

40330 And whereas the President so far varied the conditions of 

40331 said Senate amendment as to permit said bands to locate for 

40332 the time being upon the tract originally reserved by said bands 

40333 for a home, and " no tract of country, without the limits of the 

40334 cession" made in the said treaty, has ever been provided for or 

40335 offered to said bands ; 

4033G And whereas, by the act making appropriations for the cur- 

40337 rent and contingent expenses of the Indain Department, and for 

40338 fulfilling treaty stipulations with various Indian tribes, approved 

40339 July 31, 1854, the President was authorized " to confirm to the 

40340 Sioux of Minnesota, forever, the reserve on the Minnesota Eiver 

40341 now occupied by them, upon such conditions as he may deem 

40342 just;" 

40343 And whereas, although the President has not directly con- 

40344 firmed said reserve to said Indians, they claim that, as they 

40345 were entitled to receive "such tracts of country" as should "be 

40346 satisfactory for their future occupancy and home," and as no 

40347 other country than this reservation was ever provided for or 

40348 offered to them, and as valuable improvements have been made 

40349 on said reservation with the moneys belonging to said bands, it 

40350 is agreed and stipulated that the question shall be submitted to 

40351 the Senate for decision whether they have such title, and if they 

40352 have, what compensation shall be made to them for that part of 

40353 said reservation or tract of land lying on the north side of the 

40354 Minnesota Eiver ; whether they shall be allowed a specific sum 

40355 of money therefor, and if so, how much ; or whether the same 

40356 shall be sold for their benefit, they to receive the proceeds of 

40357 such sale, deducting the necessary expenses incident thereto. 

40358 Such sale, if decided in favor of by the Senate, shall be made 

40359 under and according to regulations to be prescribed by the Sec- 

40360 retary of the Interior, and in such manner as will secure to them 

40361 the largest sum it may be practicable to obtain for said land. 

40362 Article 3. It is also agreed that if the Senate shall author- 

40363 ize the land designated in article two of this agreement to be 

114 I T 



906 



40364 sold for the benefit of the said Sisseeton and Wahpaton bands, 

40365 or shall prescribe an amount to be paid to said bands for their 

40366 interest in said tract, provision shall be made by which the 

40367 chiefs and head-men of said bands may. in their discretion, in 

40368 open council, authorize to be paid out of the proceeds of said 

40369 tract such sum or sums as may be found necessary and proper. 

40370 not exceeding seventy thousand dollars, to satisfy their just 

40371 debts and obligations, and to provide goods to be taken by said 

40372 chiefs and head-men to the said bands on their return : Provided^ 

40373 however. That their said determinations shall be approved by the 

40374 superintendent of Indians affairs for the northern superinteii- 

40375 dency for the time being, and the said payments be authorized 

40376 by the Secretary of the Interior. 

40377 Article!. The lands retained and to be held by the members 

40378 of the Sisseeton and Wahpaton bands of Dakota or Sioux In- 

40379 dians, under and by virtue of the first article of this agreements 

40380 shall, to all intents and purposes whatever, be deemed and held 

40381 to be an Indian reservation, and the laws which have been or 

40382 may hereafter be enacted by Congress to regulate trade and iu- 

40383 tercourse with the Indian tribes, shall have full force and effect 

40384 over and within the limits of the same : and no person other 

40385 than the members of said bands, to be ascertained and defined 

40386 under such regulations as the Secretary of the Interior shall pre- 

40387 scribe — unless such as may be duly licensed to trade with said 

40388 bands, or employed for their benefit, or members of the family of 

40389 such persons — shall be permitted to reside or make any settle. 

40390 ment upon any part of said reservation : and the timbered land 

40391 allotted to individuals, and also that reserved for subsequent 

40392 distribution, as provided in the first article of this agreement. 

40393 shall be free from all trespass, use. or occupation, except as here- 

40394 inafter provided. 

40395 Article 5. The United States shall have the right to es- 

40396 tablish and maintain upon said reservation such military posts, 

40397 agencies, schools, mills, shops, roads, and agricultural or median - 

40398 ical improvements as may be deemed necessary : but no greater 

40399 quantity of land or timber shall be taken and used for said pur- 

40400 poses than shall be actually requisite therefor. And if, in the 
49401 establishment or maintenance of such posts, agencies, roads, or 

40402 other improvements, the timber or other property of any indivi- 

40403 dual Indian shallbe taken, injured, or destroyed, just and adequate 

40404 compensation shall be made therefor by the United States. Eoads 

40405 or highways authorized by competent authority other than the 

40406 United States, the lines of which shall lie through said reserva- 

40407 tion, shall have the right of way through the same upon the fair 

40408 and just value of such right being paid to the said Sisseeton and 

40409 Wahpaton bands by the party or parties authorizing or interested 



907 



40410 in the same, to be assessed and determined in such manner as 

40411 the Secretary of the Interior shall direct. 

40412 Article G. The Sisseeton and Wahpaton bands of Dakota 

40413 or Sioux Indians acknowledge their dependence on the Govern - 

40414 ment of the United States, and do hereby pledge and bind 

40415 themselves to preserve friendly relations with the citizens thereof, 

40416 and to commit no injuries or depredations on their persons or 

40417 property, nor on those of the members of any other tribe ; but 

40418 in case of any such injury or depredation, full compensation shall 

40419 as far as practicable, be made therefor out of their moneys in the 

40420 hands of the United States, the amount in all cases to be deter - 

40421 mined by the Secretary of the Interior. They further pledge 

40422 themselves not to engage in hostilities with the Indians of any 

40423 other tribe, unless in self-defence, but to submit, through their 

40424 agent, all matters of dispute and difficulty between themselves 

40425 and other Indians for the decision of the President of the United 

40426 States, and to acquiesce in and abide thereby. They also agree 

40427 to deliver to the proper officers all person belonging to their said 

40428 bands who may become offenders against the treaties, laws, or 

40429 regulations of the United States, or the laws of the State of 

40430 Minnesota, and to assist in discovering, pursuing, and capturing 

40431 all such offenders whenever required so to do by such officers, 

40432 through the agent or other proper officer of the Indian Depart 

40433 ment. 

40434 Article 7. To aid in preventing the evils of intemperance, 

40435 it is hereby stipulated that if any of the members of the said 

40436 Sisseeton and Wahpaton bands of Sioux Indians shall drink, or 

40437 procure for others, intoxicating liquors, their proportion of tbe 

40438 annuities of said bands shall, at the discretion of the Secretary 

40439 of the Interior, be withheld from them for the period of at least 

40440 one year; and for a violation of any of the stipulations of this 

40441 agreement on the part of any member of said bands, the persons 

40442 so offending shall be liable to have their annuities withheld, and 

40443 to be subject to such other punishment as the Secretary of the 

40444 Interior may prescribe. 

40445 Article 8. Any members of said Sisseeton and Wahpaton 

40446 bands who may be desirous of dissolving their tribal connection 

40447 and obligations, and of locating beyond the limits of the reserva- 

40448 tion provided for said bands, shall have the privilege of so doing, 

40449 by notifying the United States agent of such intention, and 

40450 making an actual settlement beyond the limits of said reserva- 

40451 tion ; shall be vested with all the rights, privileges, and im- 

40452 munities, and be subject to all the laws, obligations, and duties 

40453 of citizens of the United States; but such procedure shall work 

40454 no forfeiture on their part of the right to share in the annuities 

40455 of said bands. 



908 



40456 Article 9. Such of the stipulations of the former treaties 

40457 as provide for the payment of particular sums of money to the 

40458 said Sisseeton and Wahpaton bands, or for the application or 

40459 expenditure of specific amounts for particular objects or pur- 

40460 poses, shall be, and hereby are, so amended and changed as to 

40461 invest the Secretary of the Interior with discretionary power in 

40462 regard to the manner and objects of the annual expenditure of 

40463 all such sums or amounts which have accrued and are now due 

40464 to said bands, together with the amount the said bands shall be- 

40465 come annually entitled to under and by virtue of the provisions 

40466 of this agreement : Provided, The said sums or amounts shall be 

40467 expended for the benefit of said bands at such time or times and 

40468 in such manner as the said Secretary shall deem best calculated 

40469 to promote their interests, welfare, and advance in civilization. 

40470 And it is further agreed that such change may be made in the 

40471 stipulations of former treaties, which provide for the payment of 

40472 particular sums for specified purposes, as to permit the chiefs 

40473 and braves of said bands, or any of the subdivisions of said 

40474 bands, with the sanction of the Secretary of the Interior, to 

40475 authorize such payment or expenditure of their annuities, or any 

40476 portion thereof, which are to become due hereafter, as maybe 

40477 deemed best for the general interests and welfare of the said 

40478 bands or subdivisions thereof. 

40479 Article 10. The expenses attending the negotiation of this 

40480 agreement shall be defrayed by the United States. 

40481 (See note on page 890.) 

40482 Proclaimed March 31, 1859. 

40483 RESOLUTION OF THE SENATE OF THE UNITED STATES. 

40484 Right and title of certain lands of Sioux Indians to lands em- 

40485 braced in reservations on tlie Minnesota River. 

40486 In the Senate of the United States, 

40487 June 27, 1860. 

40488 Whereas by the second articles of the treaties of June 

40489 19, 1858, (proclaimed March 31, 1859; see page 885,) with 

40490 the Med-a-wa-kanton and Wah-pa-koo-ta, and the Sisseeton 

40491 and Wah-pa-ton bands of the Dacotah or Sioux Indians, it 

40492 is submitted to the Senate to decide as to the right or title of 

40493 said bands of Indians to the lands embraced in the reserva- 

40494 tion occupied by them on the Minnesota River, in the State 

40495 of Minnesota, and what compensation shall be made to them 

40496 for those portions of said reservations lying on the north side of 

40497 that river, which they agreed by said treaties to surrender and 



909 



40498 relinquish to the United States ; " whether they shall be allowed 

40499 a specified sum in money therefor, and, if so, how much, or 

40500 whether the same shall be sold for their benefit, they to receive 

40501 the proceeds of such sale, deducting the necessary expenses in- 

40502 cident thereto f and 

40503 Whereas said Indians were permitted to retain and occupy 

40504 said reservations in lieu of other lands which they were entitled 

40505 to under the amendments of the Senate to the treaties made 

40506 with them in the year 1851, (proclaimed February 24, 1853 ; see 

40507 page 882,) and large amounts of the money of said Indians 

40508 have been expended by the Government in improvements and 

40509 otherwise upon the lands contained in said reservations; 

40510 and 

40511 Whereas by act of Congress of July 31, 1854, said reserva- 

40512 tious were authorized to be confirmed to those Indians : 

40513 Resolved, That said Indians possessed a just and valid right 

40514 and title to said reservations, and that they be allowed the sum 

40515 of thirty cents per acre for the lands contained in that portion 

40516 thereof lying on the north side of the Minnesota River, exclusive 

40517 of the cost of survey and sale, or any contingent expense that 

40518 may accrue whatever, which by the treaties of June, 1858, they 

40519 have relinquished and given up to the United States. 

40520 Resolved further, That all persons who have, in good faith, 

40521 settled and made improvements upon any of the lands contained 

40522 in said reservations, believing the same to be Government lands, 

40523 shall have the right of pre-emption to one hundred and sixty 

40524 acres thereof, to include their improvements, on paying the sum 

40525 of one dollar and twenty-five cents per acre therefor : Provided, 

40526 That when such settlements have been made on the lands of the 

40527 Indians on the south side of the Minnesota River, the assent 

40528 of the Indians shall first be obtained, in such manner as the Sec- 

40529 retary of the Interior shall prescribe, and that the amount which 

40530 shall be so paid for their lands shall be so paid into the Treasury 

40531 of the United States. 

40532 Attest : 

40533 ASBURY DICKIKS, 

40534 Secretary. 

40535 Treaty between the United States of America and the Sissiton and 

40536 Warpeton bands of DaJcota or Sioux Indians, concluded Feb- 

40537 ruary 19, 1867 ; ratification advised, with amendments, April 

40538 15, 1867 ; amendments accepted April 22, 1867; proclaimed 

40539 May 2, 1867. 

40540 Andrew Johnson, President of the United States of America, 

40541 to all and singular to whom these presents shall come, 

40542 greeting : 



910 



40543 Whereas a treaty was raade and concluded at the city of 

40544 Washington, in the District of Columbia, on the nineteenth day 

40545 of February, in the year of our Lord one thousand eight hun- 

40546 dred and sixty-seven, by and between Lewis V. Bogy and Will- 

40547 iam H. Watson, commissioners on the part of the United States, 

40548 and Gabriel Renville, Waiudiupiduta, Tacandupahotanka, and 

40549 other chiefs and head-men of the Sissiton and Warpeton bands 

40550 of Dakota or Sioux Indians, on the part of said Indians, and duly 

40551 authorized thereto by them, which treaty is in the words and 

40552 figures following, to wit : 

40553 Whereas it is understood that a portion of the Sissiton and 

40554 Warpeton bands of Santee Sioux Indians, numbering from 

40555 twelve hundred to fifteen hundred persons, not only preserved 

40556 their obligations to the Government of the United States during 

40557 and since the outbreak of the JMedewakantous and other bands 

40558 of Sioux, in 1862, but freely perilled their lives during that out- 

40559 break to rescue the residents on the Sioux reservation, and to 

40560 obtain possession of white women and children made captives 

40561 by the hostile bands ; and that another portion of said Sissiton 

40562 and Warpeton bands, numbering from one thousand to twelve 

40563 hundred persons, who did not participate in the massacre of the 

40564 whites in 1862, fearing the indiscriminate vengeance of the 

40565 whites, fled to the great prairies of the Northwest, where they 

40566 still remain ; and 

40567 Whereas Congress, in confiscating the Sioux annuities and 

40568 reservations, made no provision for the support of these, the 

40569 friendly portion of the Sissiton and Warpeton bands, and it is 

40570 believed [that] they have been suffered to remain homeless wan- 

40571 derers, frequently subject to intense suffering from want of sub- 

40572 sistence, and clothing to protect them from the rigors of a high 

40573 northern latitude, although at all times prompt in rendering ser- 

40574 vice when called upon to repel hostile raids and to punish dep- 

40575 redations committed by hostile Indians upon the persons and 

40576 property of the whites ; and 

40577 Whereas the several subdivisions of the friendly Sissitons 

40578 and Warpeton bands ask, through their representatives, that 

40579 their adherence to their former obligations of friendship to the 

40580 Government and people of the United States be recognized, and 

40581 that provision be made to enable them to return to an agricul- 

40582 tural life, and be relieved from a dependence upon the chase for 

40583 a precarious subsistence : Therefore, 

40584 A treaty has been made and entered into, at Washington 

40585 City, District of Columbia, this nineteenth day of February, A. 

40586 D. 1867, by and between Lewis Y. Bogy, Commissioner of Indian 

40587 Affairs, and William H. Watson, commissioners on the part of 

40588 the United States, and the undersigned chiefs and head-men of 



911 



40539 the Sissiton and Warpeton bands of Dakota or Sioux Indians, as 

40590 follows, to wit : 

40591 Article 1. The Sissiton and Warpeton bands of Dakota 

40592 Sioux Indians, represented in council, will continue their friendly 

40593 relations with the Government and people of the United States, 

40594 and bind themselves individually and collectively to use their 

40595 influence to the extent of their ability to prevent other bands of 

40596 Dakota or other adjacent tribes from making hostile demonstra- 

40597 tions against the Government or people of the United States. 

40598 Article 2. The said bands hereby cede to the United 

40599 States the right to construct wagon-roads, railroads, mail sta- 

40600 tions, telegraph lines, and such other public improvements as 

40601 the interest of the Government may require, over and across the 

40602 lands claimed by said bands, (including their reservation, as 

40603 hereinafter designated,) over any route or routes that that may 

40604 be selected by the authority of the Government ; said lands, so 

40605 claimed, being bounded on the south and east by the treaty -line 

40606 of 1851, (proclaimed January 24, 1853 ; see page 879,) and the 

40607 Eed Kiver of the North to the mouth of Goose River; on the 

40608 north by the Goose -River and a line running from the source 

40609 thereof by the most westerly point of Devil's Lake to the Chief's 

40610 Bluff at the head of James River, and on the west by the James 

40611 River to the mouth of Mocasin River, and thence to Kampeska 

40612 Lake. 

40613 Article 3. For and in consideration of the cession above 

40614 mentioned, and in consideration of the faithful and important 

40615 services said to have been rendered by the friendly bands of 

40616 Sissitons and Warpetons Sioux here represented, and also in 

40617 consideration of the confiscation of all their annuities, reserva- 

40618 tions, and improvements, it is agreed that there shall be set 

40619 apart for the members of said bands who have heretofore sur- 

40620 rendered to the authorities of the Government, and were not 

40621 sent to the Crow Creek reservation, and for the members of said 

40622 bands who were released from prison in 1866, the following-de- 

40623 scribed lands as a permanent reservation, viz : 

40624 Beginning at the head of Lake Travers[e], and thence along 

40625 the treaty-line of the treaty of 1851 to Kampeska Lake ; thence 

40626 in a direct line to Reipan or the northeast point of the Coteau 

40627 des Prairiefs], and thence passing north of Skunk Lake on the 

40628 most direct line to the foot of Lake Traverse, and thence along 

40629 the treaty-line of 1851 to the place of beginning. 

40630 Article 4. It is further agreed that a reservation be set 

40631 apart for all other members of said bands who were not sent to 

40632 the Crow Creek reservation, and also for the Cut-Head bands 

40633 of Yanktonais Sioux a reservation bounded as follows, viz : 

40634 Beginning at the most easterly point of Devil's Lake ; thence 



912 



40635 along the waters of said lake to the most westerly point of the 

40636 same; thence on a direct line to the nearest point on the Chey- 

40637 enue Eiver ; thence down said river to a point opposite the 

40638 lower end of Aspen Island, and thence on a direct line to the 

40639 place of beginning. 

40640 Article 5. The said reservations shall be apportioned in 

40641 tracts of (160) one hundred and sixty acres to each head of a 

40642 family or single person over the age of (21) twenty-one years, 

40643 belonging to said bands and entitled to locate thereon, who may 

40644 desire to locate permanently and cultivate the soil as a means 

40645 of subsistence : each (160) one hundred and sixty acres so al- 

40646 lotted to be made to conform to the legal subdivisions of the 

40647 Government surveys when such surveys shall have been made ; 

40648 and every person to whom lands may be allotted under the pro- 

40649 visions of this article, who shall occupy and cultivate a portion 

40650 thereof for five consecutive years, shall thereafter be entitled to 

40651 receive a patent for the same so soon as he shall have fifty acres 

40652 of said tract fenced, ploughed, and in crop : Provided, [That] 

40653 said patent shall not authorize any transfer of said lands, or por- 

40654 tions thereof, except to the United States, but said lands and the 

40655 improvements thereon shall descend to the proper heirs of the 

40656 persons obtaining a patent. 

40657 Article 6. And, further, in consideration of the destitu- 

40658 tion of said bands of Sissiton and Warpeton Sioux, parties here- 

40659 to, resulting from the confiscation of their annuities and improve- 
4036!) ments, it is agreed that Congress will, in its own discretion, from 

40661 time to time make such appropriations as may be deemed re- 

40662 quisite to enable said Indians to return to an agricultural life 

40663 under the system in operation on the Sioux reservation in 1862 ; 

40664 including, if thought advisable, the establishment and sup- 

40665 port of local and manual-labor schools ; the employment of ag- 

40666 ricultural, mechanical, and other teachers ; the opening and 

40667 improvement of individual farms, and generally such objects as 

40668 Congress in its wisdom shall deem necessary to promote the 

40669 agricultural improvement and civilization of said bands. 

40670 Article 7. An agent shall be appointed for said bands 

40671 who shall be located at Lake Traverse ; and whenever there 

40672 shall be five hundred (500) persons of said bands permanently 

40673 located upon the Devil's Lake reservation, there shall be an 

40674 agent or other competent person appointed to superintend at 

40675 that place the agricultural, educational, and mechanical interests 

40676 of said bands. 

40677 Article 8. All expenditures under the provisions of this 

40678 treaty shall be made for the agricultural improvement and civ- 

40679 ilization of the members of said bands authorized to locate upon 

40680 the respective reservations, as hereinbefore specified, in such 



913 



40681 maimer as may be directed by law 5 but no goods, provisions. 

10682 groceries, or other articles, except materials for the erection of 

10683 houses and articles to facilitate the operations of agriculture, 
10681 shall be issued to Indians or mixed-bloods on either reservation 

10685 unless it be in payment for labor performed or for produce de- 

10686 livered : Provided, That, when persons located on either reser- 

10687 vation, by reason of age, sickness, or deformity, are unable to 

10688 labor, the agent may issue clothing and subsistence to such per- 

10689 sons from such supplies as may be provided for said bands. 

10690 Article 9. The withdrawal of the Indians from all de 

10691 pendence upon the chase as a means of subsistence being neces- 

10692 sary to the adoption of civilized habits among them, it is de- 

10693 sirable that no encouragement be afforded them to continue 
10691 their hunting operations as means of support, and, therefore, it 

10695 is agreed that no person will be authorized to trade for furs or 

10696 peltries within the limits of the land claimed by said bands, as 

10697 specified in the second article of this treaty, it being contem- 

10698 plated that the Indians will rely solely upon agricultural and 

10699 mechanical labor for subsistence, and that the agent will supply 

10700 the Indians and mixed-bloods on the respective reservations 

10701 with clothing, provisions, &c, as set forth in article eight, so 

10702 soon as the same shall be provided for that purpose. And it is 
40703 further agreed that no person not a member of said bands, par- 
10701 ties hereto, whether white, mixed-blood, or Indian, except per- 

10705 sons in the employ of the Government, or located under its 

10706 authority, shall be permitted to locate upon said lands either 

10707 for hunting, trapping, or agricultural purposes. 

10708 Article 10. The chiefs and head-men located upon either 

10709 of the reservations set apart for said bands are authorized to 

10710 adopt such rules, regulations, or laws for the security of life 

10711 and property, the advancement of civilization, and the agricul- 

10712 tural prosperity of the members of said bands upon the respect- 

10713 ive reservations, and shall have authority, under the direction 
10711 of the agent and without expense to the Government, to organize 

10715 a force sufficient to carry out all such rules, regulations, or 

10716 laws, and all rules and regulations for the government of said 

10717 Indians, as may be prescribed by the Interior Department : Pro- 

10718 videdj That all rules, regulations, or laws adopted or amended 

10719 by the chiefs and head-men on either reservation shall receive 

10720 the sanction of the agent. (See note on page 890.) 

10721 Proclaimed May 2, 1867. 

115 1 T 



914 



40722 SIOUX — DIFFERENT TRIBES, BRULES, O'GULLALAS, 

40723 ETC. 

40724 Treaty between the United States of America and different tribes 

40725 of Sioux Indians, concluded April 29 et seq., 1868; ratifica- 

40726 Hon advised February 16, 1S69. 

40727 Andrew Johnson, President of the United States of America, 

40728 to all and singular to whom these presents shall come, 

40729 greeting : 

40730 Whereas a treaty was made and concluded at Fort Laramie, 

40731 in the Territory of Dakota, [now in the Territory of Wyoming,] 

40732 on the twenty-ninth day of April, and afterwards, in the year of 

40733 our Lord one thousand eight hundred and sixty-eight, by and 

40734 between Nathaniel G. Taylor, William T. Sherman, William S. 

40735 Harney, John B. Sanborn, S. F. Tappan, G C. Augur, and Alfred 

40736 H. Terry, commissioners on the part of the United States, and 

40737 Ma-za-pon-kaska,Tak-shun-ka-co-qui-pak , Heh-won-ge-chat, Mah- 

40738 to non-pah, Little Chief, Makh-pi-ah-lu-tah, Co-cam-i-ya-ya, Oon- 

40739 te-pe-ta, Ma-wa-tau-ni-kav-ska, He-na-pin-wa-ni-ca, Wah-pah- 

40740 shaw, and other chiefs and head-men of different tribes of Sioux 

40741 Indians, on the part of said Indians, and duly authorized thereto 

40742 by them, which treaty is in the words and figures following, to 

40743 wit : 

40744 Articles of a treaty made and concluded by and between Lieu- 

40745 ten ant- General William T. Sherman, General William S. 

40746 Harney, General Alfred H. Terry, General C. C. Augur, J. B. 

40747 Henderson, Nathaniel G. Taylor, John B. Sanborn, and 

40748 Samuel F. Tappan, duly appointed commissioners on the 

40749 part of the United States, and the different bands of the 

40750 Sioux Nation of Indians, by their chiefs and head-men, whose 

40751 names are hereto subscribed, they being duly authorized to 

40752 act in the premises. 

40753 Article 1. From this day forward all war between the 

40754 parties to this agreement shall forever cease. The Government 

40755 of the United States desires peace, and its honor is hereby 

40756 pledged to keep it. The Indians desire peace, and they now 

40757 pledge their honor to maintain it. 

40758 If bad men among the whites^ or among other people subject 

40759 to the authority of the United States, shall commit any wrong 

40760 upon the person or property of the Indians, the United States 

40761 will, upon proof made to the agent and forwarded to the Com- 

40762 missioner of Indian Affairs at Washington City, proceed at once 

40763 to cause the offender to be arrested and punished according to 

40764 the laws of the United States, and also re-imburse the injured 

40765 person for the loss sustained. 



915 



10760 If bad men among the Indians shall commit a wrong or 

40767 depredation upon the person or property of any one, white, 

40768 black, or Indian, subject to the authority of the United States, 

40769 and at peace therewith, the Indians herein named solemnly 

40770 agree that they will, upon proof made to their agent and notice 

40771 by him, deliver up the wrong-doer to the United States, to be 

40772 tried and punished according to its laws; and in case they wil- 

40773 fully refuse so to do, the person injured shall be re imbursed for 

40774 his loss from the annuities or other moneys due or to become 

40775 due to them under this or other treaties made with the United 

40776 States. And the President, on advising with the Commissioner 

40777 of Indian Affairs, shall prescribe such rules and regulations for 

40778 ascertaining damages under the provisions of this article as in 

40779 his judgment may be proper. Bat no one sustaining loss while 

40780 violating the provisions of this treaty or the laws of the United 

40781 States shall be re-imbursed therefor. 

40782 Article 2. The United States agrees that the following 

40783 district of country, to wit, viz : commencing on the east bank of 

40784 the Missouri Eiver where the forty-sixth parallel of north lati- 

40785 tude crosses the same; thence along low- water mark down said 

40786 east bank to a point opposite where the northern line of the 

40787 State of Nebraska strikes the river; thence west across said 

40788 river and along the northern line of Nebraska to the one hun- 

40789 dred and fourth degree of longitude west from Greenwich; 

40790 thence north on said meridian to a point where the forty-sixth 

40791 parallel of north latitude intercepts the same ; thence due east 

40792 along said parallel to the place of beginning; and, in addition 

40793 thereto, all existing reservations on the east bank of said river 

40794 shall be, and the same is, set apart for the absolute and undis- 

40795 turbed use and occupation of the Indians herein named, and for 

40796 such other friendly tribes or individual Indians as from time to 

40797 time they may be willing, with the Consent of the United States. 

40798 to admit amongst them ; and the United States now solemnly 

40799 agrees that no persons except those herein designated and 

40800 authorized so to do, and except such officers, agents, and em- 

40801 ployes of the Government as may be authorized to enter upon 

40802 Indian reservations in discharge of duties enjoined by law, shall 

40803 ever be permitted to pass over, settle upon, or reside in the ter- 

40804 ritory described in this article, or in such territory as may be 

40805 added to this reservation for the use of said Indians, and hence- 

40806 forth they will, and do hereby, relinquish all claims or right iu 

40807 and to any portion of the United States or Territories, except 

40808 such as is embraced within the limits aforesaid, and except as 

40809 hereinafter provided. 

40810 Article 3. If it should appear from actual survey or other 

40811 satisfactory examination of said tract of land that it contains 



916 



10812 less than one hundred and sixty acres of tillable laud for each 

40813 person who, at the time, may be authorized to reside on it under 

40814 the provisions of this treaty, and a very considerable number of 

40815 such persons shall be disposed to commence cultivating the soil 

40816 as farmers, the United States agrees to set apart, for the use of 

40817 said Indians, as herein provided, such additional quantity of 

40818 arable land, adjoining to said reservation, or as near to the same 

40819 as it can be obtained, as may be required to provide the necessary 

40820 amount. 

40S21 ARTICLE 4. The United States agrees, at its own proper 

40822 expense, to construct at some place on the Missouri Biver, near 

40S23 the centre of said reservation, where timber and water may be 

40824 convenient, the following buildings, to wit : a warehouse, a 

40825 store-room for the use of the agent in storing goods belonging to 

40826 the Indians, to cost not less than twenty-five hundred dollars; 

40827 an agency-building for the residence of the agent, to cost not 

40828 exceeding three thousand dollars ; a residence for the physician, 

40829 to cost not more than three thousand dollars ; and five other 

40830 buildings, for a carpenter, farmer, blacksmith, miller, and engi- 

40831 neer, each to cost not exceeding two thousand dollars : also a 

40832 school-house or mission-building, so soon as a sufficient number 

40833 of children can be induced by the agent to attend school, which 

40834 shall not cost exceeding five thousand dollars. 

40835 The United States agrees further to cause to be erected on 

40836 said reservation, near the other buildings herein authorized, a 
40S37 good steam circular-saw mill, with a grist-mill and shingle- 

40838 machine attached to the same, to cost not exceeding eight thou- 

40839 sand dollars. 

40840 Aeticle 5. The United States agrees that the agent for 

40841 said Indians shall in the future make his home at theugency- 

40842 building ; that he shall reside among them, and keep an office 

40843 open at all times for the purpose of prompt and diligent inquiry 

40844 into such matters of complaint by and against the Indians as 

40845 may be presented for investigation under the provisions of their 

40846 treaty stipulations, as also for the faithful discharge of other 

40847 duties enjoined on him by law. In all cases of depredation on 

40848 person or property he shall cause the evidence to be taken in 

40849 writing and forwarded, together with his findings, to the Gom- 

40850 missioner of Indian Affairs, whose decision, subject to the revision 

40851 of the Secretary of the Interior, shall be binding on the parties 

40852 to this treaty. 

40853 Aeticle 6. If any individual belonging to said tribes of 

40854 Indians, or legally incorporated with them, being the head of a 

40855 family, shall desire to commence farming, he shall have the 

40856 privilege to select, in the presence and with the assistance of 

40857 the agent then in charge, a tract of land within said reservation. 



917 



40858 not exceeding" three hundred and twenty acres in extent, which 

40859 tract, when so selected, certified, and recorded in the "land-book," 

40860 as herein directed, shall cease to be held in common, but the 

40861 same may be occupied and held in the exclusive possession of 

40862 the person selecting it, and of his family, so long as he or they 

40863 may continue to cultivate it. 

40864 Any person over eighteen years of age, not being the head 

40865 of a family, may, in like manner, select and cause to be certified 

40866 to him or her, for purposes of cultivation, a quantity of land not 

40867 exceeding eighty acres in extent, and thereupon be entitled to 

40868 the exclusive possession of the same as above directed. 

40869 For each tract of land so selected, a certificate, containing a 

40870 description thereof and the name of the person selecting it, with 

40871 a certificate endorsed thereon that the same has been recorded, 

40872 shall be delivered to the party entitled to it, by the agent, after 

40873 the same shall have been recorded by him in a book to be kept 

40874 in his office, subject to inspection, which said book shall be 

40875 known as the " Sioux Land-Book." 

40876 The President may, at any time, order a survey of the res- 

40877 ervation, and, when so surveyed, Congress shall provide for pro- 

40878 tecting the rights of said settlers in their improvements, and 

40879 may fix the character of the title held by each. The United 

40880 States may pass such laws on the subject of alienation and de- 

40881 scent of property between the Indians and their descendants as 

40882 may be thought proper. And it is further stipulated that any 

40883 male Indians, over eighteen years of age, of any band or tribe 

40884 that is or shall hereafter become a party to this treaty, who now 

40885 is or who shall hereafter become a resident or occupant of any 

40886 reservation or Territory not included in the tract of country des- 

40887 ignated and described in this treaty for the permanent home of 

40888 the Indians, which is not mineral land, nor reserved by the 

40889 United States for special purposes other than Indian occupation, 

40890 and who shall have made improvements thereon of the value of 

40891 two hundred dollars or more, and continuously occupied the 

40892 same as a homestead for the term of three years, shall be enti- 

40893 tied to receive from the United States a patent for one hundred 

40894 and sixty acres of land including his said improvements, the 

40895 same to be in the form of the legal subdivisions of the surveys 

40896 of the public lands. Upon application in writing, sustained by 

40897 the proof of two disinterested witnesses, made to the register of 

40898 the local land-office when the land sought to be entered is within 

40899 a land district, and when the tract sought to be entered is not 

40900 in any land district, then upon said application and proof being 

40901 made to the Commissioner of the General Land-Office, and the 

40902 right of such Indian or Indians to enter such tract or tracts of 

40903 land shall accrue and be perfect from the date of his first improve- 



918 



40904 inents thereon, and shall continue as long as be continues his 

40905 residence and improvements, and no longer. And any Indian 

40906 or Indians receiving a patent for land under the foregoing pro- 

40907 visions shall thereby and from thenceforth become and be a 

40908 citizen of the United States, and be entitled to all the privileges 

40909 and immunities of such citizens, and shall, at the same time, 

40910 retain all his rights to benefits accruing to Indians under this 

40911 treaty. 

40912 Article 7. In order to iusure the civilization of the Indians 

40913 entering into this treaty, the necessity of education is admitted, 

40914 especially of such of them as are or may be settled on said agri- 

40915 cultural reservations, and they therefore pledge themselves to 

40916 compel their children, male and female, bstween the ages of six 

40917 and sixteen years, to attend school ; and it is hereby made the 

40918 duty of the agent for said Indians to see that this stipulation is 

40919 strictly complied with ; and the United States agrees that for 

40920 every thirty children between said ages who can be induced or 

40921 compelled to attend school, a house shall be provided and a 

40922 teacher competent to teach the elementary branches of an Eng- 

40923 lish education shall be furnished, who will reside among said 

40924 Indians, and faithfully discharge his or her duties as a teacher. 

40925 The provisions of this article to continue for not less than twenty 

40926 years. 

40927 Article 8. When the head of a family or lodge shall have 

40928 selected lands and received his certificate as above directed, and 

40929 the agent shall be satisfied that he intends in good faith to com- 

40930 mence cultivating the soil for a living, he shall be entitled to 

40931 receive seeds and agricultural implements for the first year, not 

40932 exceeding in value one hundred dollars, and for each succeeding 

40933 year he shall continue to farm, for a period of three years more, 

40934 he shall be entitled to receive seeds and implements as aforesaid, 

40935 not exceeding in value twenty-five dollars. 

40936 And it is further stipulated that such persons as commence 

40937 farming shall receive instruction from the farmer herein provided 

40938 for, and whenever more than one hundred persons shall enter 

40939 upon the cultivation of the soil, a second blacksmith shall be 

40940 provided, with such iron, steel, and other material as may be 

40941 needed. 

40942 Article 9. At any time after ten years from the making of 

40943 this treaty, the United States shall have the privilege of with- 

40944 drawing the physician, farmer, blacksmith, carpenter, engineer, 

40945 and miller herein provided for, but in case of such withdrawal 

40946 an additional sum thereafter of ten thousand dollars per annum 

40947 shall be devoted to the education of said Indians, and the Com- 

40948 missioner of Indian Affairs shall, upon careful inquiry into their 

40949 condition, make such rules and regulations for the expenditure 



<)19 



40950 of said sum as will best promote the educational and moral im- 

40951 provernent of said tribes. 

40952 Article 10. In lieu of all sums of money or other annuities 

40953 provided to be paid to the Indians herein named, under any 

40954 treaty or treaties heretofore made, the United States agrees to 

40955 deliver at the agency-house on the reservation herein named, 

40956 on [or before] the first day of August of each year, for thirty 

40957 years, the following articles, to wit: 

40958 For each male person over fourteen years of age, a suit of 

40959 good substantial woolen clothing, consisting of coat, pantaloons, 

40960 flannel shirt, hat, and a pair of home-made socks. 

40961 For each female over twelve years of age, a flannel skirt, 

40962 or the goods necessary to make it, a pair of woolen hose, twelve 

40963 yards of calico, and twelve yards of cotton domestics. 

40964 For the boys and girls under the ages named, such flannel 

40965 and cotton goods as may be needed to make each a suit as afore- 

40966 said, together with a pair of woolen hose for each. 

40967 And in order that the Commissioner of Indian Affairs may 

40968 be able to estimate properly for the articles herein named, it 

40969 shall be the duty of the agent each year to forward to him a fall 

40970 and exact census of the Indians, on which the estimate from 

40971 year to year can be based, 

40972 And in addition to the clothing herein named, the sum of 

40973 ten dollars for each person entitled to the beneficial effects of 

40974 this treaty shall be annually appropriated for a period of thirty 

40975 years, while such persons roam and hunt, and twenty dollars for 

40976 each person who engages in farming, to be used by the Secre- 

40977 tary of the Interior in the purchase of such articles as from time 

40978 to time the condition and necessities of the Indians may indicate 

40979 to be proper. And if within the thirty years, at any time, it 

40980 shall appear that the amount of money needed for clothing 

40981 under this article can be appropriated to better uses for the Iu- 

40982 dians named herein, Congress may, by law, change the appro- 

40983 priation to other purposes; but in no event shall the amount of 

40984 this appropriation be withdrawn or discontinued for the period 

40985 named. And the President shall annually detail an officer of 

40986 the Army to be present and attest the delivery of all the goods 

40987 herein named to the Indians, and he shall inspect and report on 

40988 the quantity and quality of the goods and the manner of their 

40989 delivery. And it is hereby expressly stipulated that each In- 

40990 dian over the age of four years, who shall have removed to and 

40991 settled permanently upon said reservation and complied with 

40992 the stipulations of this treaty, shall be entitled to receive from 

40993 the United States for the period of four years after he shall have 

40994 settled upon said reservation, one pound of meat and one pound 

40995 of flour per day, provided the Indians cannot furnish their own 



920 



40996 subsistence at an earlier date. And it is further stipulated that 

40997 the United States will furnish and deliver to each lodge of In- 

40998 dians or family of persons legally incorporated with thern, who 

40999 shall remove to the reservation herein described and commence 

41000 farming, one good American cow, and one good well-broken pair 

41001 of American oxen within sixty days after such lodge or family 

41002 shall have so settled upon said reservation. 

41003 Article 11. In consideration of the advantages and bene- 

41004 fits conferred by this treaty, and the many pledges of friendship 

41005 by the United States, the tribes who are parties to this agree- 
4100G nient hereby stipulate that they will relinquish all right to 
41007 occupy permanently the territory outside their reservation as 
4100S herein defined, but yet reserve the right to hunt on any lands 

41009 north of Xorth Platte, and on the Eepublican Fork of the Smoky 

41010 Hill River, so long as the buffalo may range thereon in such 

41011 numbers as to justify the chase. And they, the said Indians, 

41012 further expressly agree : 

41013 1st. That they will withdraw all opposition to the construc- 

41014 tion of the railroads now being built on the plains. 

41015 2d. That they will permit the peaceful construction of any 

41016 railroad not passing over their reservation as herein defined. 

41017 3d. That they will not attack any persons at home or travel- 

41018 ling, nor molest or disturb any wagon-trains, coaches, mules, or 

41019 cattle belonging to the people of the United States or to per- 

41020 sons friendly therewith. 

41021 4th. They will never capture or carry off from the settle- 

41022 ments white women or children. 

41023 5th. They will never kill or scalp white men, nor attempt to 

41024 do them harm. 

41025 6th. They withdraw all pretence of opposition to the con- 

41026 struction of the railroad now being built along the Platte Eiver 

41027 and westward to the Pacific Ocean, and they will not in future 

41028 object to the construction of railroads, wagon-roads, mail-sta- 

41029 tions, or other works of utility or necessity which may be ordered 

41030 or permitted by the laws of the United States. But should 

41031 such roads or other works be constructed on the lands of their 

41032 reservation, the Government will pay the tribe whatever amount 

41033 of damage may be assessed by three disinterested commission- 

41034 ers, to be appointed by the President for that purpose, one of 

41035 said commissioners to be a chief or head-man of the tribe. 

41036 7th. They agree to withdraw all opposition to the military 

41037 posts or roads now established south of the North Platte Eiver, 

41038 or that may be established, not in violation of treaties hereto- 

41039 fore made or hereafter to be made with any of the Indian tribes. 

41040 Article 12. Ko treaty for the cession of any x>ortion or 

41041 part of the reservation herein described which may be held in 



921 



41042 common shall be of any validity or force as against the said 

41043 Indians unless executed and signed by at least three-fourths of 

41044 all the adult male Indians occupying and interested in the same; 

41045 and no cession by the tribe shall be understood or construed in 

41046 such manner as to deprive, without his consent, any individual 

41047 member of the tribe of his rights to any tract of land selected 

41048 by him, as provided in article G of this treaty. 

41049 Article 13. The United States hereby agrees to furnish 

41050 annually to the Indians the physician, teachers, carpenter, mill- 

41051 er, engineer, farmer, and blacksmiths as herein contemplated, 

41052 and that such appropriations shall be made from time to time, 

41053 on the estimates of the Secretary of the Interior, as will be 

41054 sufficient to employ such persons. 

41055 Article 14. It is agreed that the sum of .five hundred dol- 

41056 lars annually, for three years from date, shall be expended in 

41057 presents to the ten 'persons of said tribe who, in the judgment 

41058 of the agent, may grow the most valuable crops for the respect- 

41059 ive year. 

41060 Article 15. The Indians herein named agree that when the 

41061 agency-house or other buildings shall be constructed on the 

41062 reservation named, they will regard the said reservation their 

41063 permanent home, and they will make no permanent settlement 

41064 elsewhere ; but they shall have the right, subject to the con- 

41065 ditions and modifications of this treaty, to hunt, as stipulated 

41066 in Article 11 hereof. 

41067 Article 16. The United States hereby agrees and stipu- 

41068 lates that the country north of the North Platte River and east 

41069 of the summits of the Big Horn Mountains shall be held and 

41070 considered to be unceded Indian territory, and also stipulates 

41071 and agrees that no white person or persons shall be permitted 

41072 to settle upon or occupy any portion of the same, or, without 

41073 the consent of the Indians first had and obtained, to pass 

41074 through the same ; and it is further agreed by the United States 

41075 that within ninety days after the conclusion of peace with all 

41076 the bands of the Sioux Nation, the military posts now estab- 

41077 lished in the territory in this article named shall be abandoned, 

41078 and that the road leading to them and by them to the settle- 

41079 ments in the Territory of Montana shall be closed. 

41080 Article 17. It is hereby expressly understood and agreed 

41081 by and between the respective parties to this treaty that the 

41082 execution of this treaty and its ratification by the United States 

41083 Senate shall have the effect and shall be construed as abrogat- 

41084 ing and annulling all treaties and agreements heretofore entered 

41085 into between the respective parties hereto, so far as such treaties 

41086 and agreements obligate the United States to furnish and pro- 

116 I T 



922 



vide money, clothing, or other articles of property to such In- 
dians and bands of Indians as becomtfparties to this treaty, but 
no further. 

Proclaimed February 24, 1869. 

41091 Articles concluded at Fort Stamcix, on the twenty-second day of 

41092 October, one thousand seven hundred and eighty -four, between 

41093 Oliver Wolcott, Richard Butler, and Arthur Lee, commis- 

41094 sioners plenipotentiary from the United States, in Congress 

41095 assembled, on the one part, and the sachems and warriors of 

41096 the Six Nations on the other. 

41097 The United States of America give peace to the Senecas, 

41098 Mohawks, Onondagas, and Cayugas, and receive them into their 

41099 protection upon the following conditions : 

41100 Article 1. Six hostages shall be immediately delivered to 

41101 the commissioners by the said nations, to remain in possession 

41102 of the United States till all the prisoners, white and black, 

41103 which were taken by the said Senecas, Mohawks, Onondagas, 

41104 and Cayugas, or by any of them, in the late war, from among 

41105 the people of the United States, shall be delivered up. 

41106 Article 2. The Oneida and Tuscarora Nations shall be 

41107 secured in the possession of the lands on which they are settled. 

41108 Article 3. A line shall be drawn, beginning at the mouth 

41109 of a creek about four miles east of Niagara, called Oyonwayea, 

41110 or Johnston's Landing-Place, upon the lake named by the lu- 
ll 111 dians Oswego, and by us Ontario ; from thence southerly in a 

41112 direction always four miles east of the carrying-path, between 

41113 Lake Erie and Ontario, to the mouth of Tehoseioron, or Buffaloe 

41114 Creek on Lake Erie ; thence south to the north boundary of the 

41115 State of Pennsylvania ; thence west to the end of the said north 

41116 boundary; thence south along the west boundary of the said 

41117 State to the river Ohio ; the said line, from the mouth of the 

41118 Oyonwayea to the Ohio, shall be the western boundary of the 

41119 lands of the Six Nations, so that the Six Nations shall and do 

41120 yield to the United States all claims to the country west of the said 

41121 boundary, and then they shall be secured in the peaceful posses- 

41122 sion of the lands they inhabit east and north of the same, reser- 

41123 ving only six miles square round the fort of Oswego to the 

41124 United States for the support of the same. 

41125 Article 4. The commissioners of the United States, in con- 

41126 sideration of the present circumstances of the Six Nations, and 

41127 in execution of the humane and liberal views of the United 

41128 States upon the signing of the above articles, will order goods to 

41129 be delivered to the said Six Nations for their use and comfort, 

41130 Proclaimed October 22, 17S4. 



41087 
41088 
41089 
41090 



923 



41131 SIX NATIONS. 

41132 Articles of a treaty made at Fort llarmar the ninth day of Janu- 

41133 ary, in the year of our Lord one thousand seven hundred and 

41134 eighty-nine, between Arthur St. Clair, esquire, governor of the 

41135 territory of the United States of America northwest of the 

41136 river Ohio, and commissioner plenipotentiary of the said 

41137 United States for removing all causes of controversy, rcgulat 

41138 ing trade, and settling boundaries between the Indian nations 

41139 in the northern department and the said United States, of the 

41140 one part, and the sachems and ivarriors of the Six Nations, of 

41141 the other part. 

41142 Article 1. Whereas tbe United States in Congress assern- 

41143 bled did, by their commissioners, Oliver Wolcott, Richard 13 nt- 

41144 ler, and Arthur Lee, esquires, duly appointed for that purpose, 

41145 at a treaty held with the said Six Nations, viz : with the Mo 

41146 hawks, Oneidas, OnOndagas, Tnscaroras, Cayugas, and Sene- 

41147 kas, at Fort Stanwix, on the twenty -second day of October, one 

41148 thousand seven hundred and eighty-four, give peace to the said 

41149 nations and receive them into their friendship and protection ; 

41150 and 

41151 Whereas the said nations have now agreed to and with the 

41152 said Arthur St. Clair to renew and confirm all the engagements 

41153 and stipulations entered into at the before-mentioned treaty at 

41154 Fort Stanwix ; and 

41155 Whereas it was then and there agreed between the United 

41156 States of America and the said Six Nations that a boundary - 

41157 line should be fixed between the lands of the said Six Nations 

41158 and the territory of the said United States, which boundary - 

41159 line is as follows, viz : Beginning at the mouth of a creek about 

41160 four miles east of Niagara, called Ononwayea, or' Johnston's 

41161 Landing-Place, upon the lake named by the Indians Oswego and 

41162 by us Ontario; from thence southerly, in a direction always 

41163 four miles east of the carrying-place, between Lake Erie and 

41164 Lake Ontario, to the mouth of Tehoseroton or Buffalo Creek, 

41165 upon Lake Erie ; thence south to the northern boundary of the 

41166 State of Pennsylvania ; thence w T est to the end of the said north 

41167 boundary; thence south along the west boundary of the said 

41168 State to the river Ohio. The said line, from the mouth of On- 

41169 onw r ayea to the Ohio, shall be the western boundary of the 

41170 lands of the Six Nations, so that the Six Nations shall and do 

41171 yield to the United States all claim to the country west of the 

41172 said boundary ; and then they shall be secured in the possession 

41173 of the lands they inhabit east, north, and south of the same, re- 



924 



41174 serving only six miles square round the fort of Oswego for the 

41175 support of the same. The said Six Nations, except the Mo- 

41176 hawks, none of whom have attended at this time, for and in 

41177 consideration of the peace then granted to them, the presents 

41178 they then received, as well as in consideration of a quantity of 

41179 goods to the value of three thousand dollars, now delivered to 

41180 them by the said Arthur St. Clair, the receipt whereof they do 

41181 hereby acknowledge, do hereby renew and confirm the said 

41182 boundary-line in the words before-mentioned to the end that it 

41183 may be and remain as a division-line between the lands of the 

41184 said Six Nations and the territory of the United States forever. 

41185 And the undersigned Indians, as well in their own names as in 

41186 the name of their respective tribes and nations, their heirs and 

41187 descendants, for the considerations before mentioned, do release, 

41188 quit-claim, relinquish, and cede to the United States of America 

41189 all the lands west of the said boundary or division line and be- 

41190 tween the said line and the strait, from the mouth of Ononwa- 

41191 yea ami Buffalo Creek, for them, the said United States of 

41192 America, to have ami to hold the same in true and absolute 

41193 propriety forever. 

41194 Aeticle 2. The United States of America confirm to the 

41195 Six Nations all the lands which they inhabit lying east and 

41196 north of the before-mentioned boundary -line, and relinquish 

41197 and quit-claim to the same and every part thereof, excepting 

41198 only six miles square round the fort of Oswego, which six miles 

41199 square round said fort is again reserved to the United States by 

41200 these presents. 

41201 Article 3. The Oneida and Tuscarora Nations are also 

41202 again secured and confirmed in the possession of their respect- 

41203 ive lands. 

41204 Aeticle 4. The United States of America renew and con- 

41205 firm the peace and friendship entered into with the Six Nations, 

41206 (except the Mohawks,) at the treaty before mentioned, held at 

41207 Fort Stauwix, declaring the same to be perpetual. And if the 

41208 3Iohawks shall within six months declare their assent to the 

41209 same they shall be considered as included. 

41210 SEPARATE ARTICLE. 

41211 Should a robbery or murder be committed by an Indian or 

41212 Indians of the Six Nations upon the citizens or subjects of the 

41213 United States, or by the citizens or subjects of the United 

41214 States, or any of them, upon any of the Indians of the said 

41215 nations, the parties accused of the same shall be tried, and, it' 

41216 found guilty, be punished according to the laws of the State or 

41217 of the territory of the United States, as the case may be, where 

41218 the same was committed. And should any horses be stolen. 



925 



41219 either by the Indians of the said nations, from the citizens 

41220 or subjects of the United States, or any of them, or by any 

41221 of the said citizens or subjects from, any of the said Indians, 

41222 they may be reclaimed into whose possession soever they 

41223 may have come ; and, upon due proof, shall be restored, any 

41224 sale in open market notwithstanding; and the persons con - 

41225 victed shall be punished with the utmost severity the laws will 

41226 admit. And the said nations engage to deliver the persons thai 

41227 may be accused, of their nations, of either of the before-men- 

41228 tioned crimes, at the nearest post of the United States, if the crime 
41220 was committed within the territory of the United States, or to 

41230 the civil authority of the State, if it shall have happened within 

41231 any of the United States. 

41232 Concluded June 9, 1739. 

41233 A treaty between the United States of America and the tribes of In- 

41234 dians called the Six Rations. 

41235 The President of the United States having determined to 

41236 hold a conference with the Six Nations of Indians lor the pur- 

41237 pose of removing from their minds all causes of complaint and 

41238 establishing a hrm and permanent friendship with them, and 

41239 Timothy Pickering toeing appointed sole agent for that purpose, 

41240 and the agent having met and conferred with the sachems, chiefs, 

41241 and warriors of the Six Nations in a general council, now, in order 

41242 to accomplish the good design of this conference, the parties 

41243 have agreed on the following articles, which, when ratified by 

41244 the President, with the advice and consent of the Senate of the 

41245 United States, shall be binding on them and the Six Nations. 

41246 Article 1. Peace and friendship are hereby firmly estab- 

41247 lished, and shall be perpetual, between the Uuited States and 

41248 the Six Nations. 

41249 Article 2. The United States acknowledge the lands re 

41250 served to the Oneida, Onondaga, and Cayuga Nations, in their 

41251 respective treaties with the State of New York, and called their 

41252 reservations, to be their property ; and the United States will 

41253 never claim the same, nor disturb them or either of the Six 

41254 Nations, nor their Indian friends residing thereon and united 

41255 with them, in the free use and enjoyment thereof ; but the said 

41256 reservations shall remain theirs until they choose to sell the 

41257 same to the people of the United States, who have the right to 

41258 purchase. 

41259 Article 3. The land of the Seueka Nation is bounded as. 

41260 follows : Beginning on Lake Ontario at the northwest corner of 

41261 the land they sold to Oliver Phelps, the line runs westerly along 



926 



41262 the lake, as far as O-yong-wong-yeh Creek, at Johnson's Land- 

41263 ing-Place, about four miles eastward from the Fort of Niagara ; 

41264 then southerly up that creek to its main fork ; then straight to 

41265 the main fork of Sted man's Creek, which empties into the river 

41266 Niagara above Fort Schlosser, and then onward from that fork, 

41267 continuing the same straight course, to that river; (this line, 

41268 from the mouth of O-yong-wong-yeh Creek to the river Niagara, 

41269 above Fort Schlosser, being the eastern boundary of a strip of 

41270 laud, extending from the same line to Niagara River, which the 

41271 Seneka Nation ceded to the King of Great Britain, at a treaty 

41272 held about thirty years ago, with Sir William Johnson ;) then 

41273 the line runs along the river Niagara to Lake Erie ; then along 

41274 Lake Brie to the northeast corner of a triangular piece of land 

41275 which the United States conveyed to the State of Pennsylvania, 

41276 as by the President's patent dated the third day of March, 1792 ; 

41277 then due south to the northern boundary of that State $ then 

41278 due east to the southwest corner of the land sold by the Seneka 

41279 Nation to Oliver Phelps ; and then north and northerly along 

41280 Phelps's line to the place of beginning on Lake Ontario. Now, 

41281 the United States acknowledge all the land within the afore- 

41282 mentioned boundaries to be the property of the Seneka Nation ; 

41283 and the United States will never claim the same, nor disturb 

41284 the Seneka Nation, nor any of the Six Nations, or of their Indian 

41285 friends residing thereon and united with them, in the free use 

41286 and enjoyment thereof ; but it shall remain theirs, until they 

41287 choose to sell the same to the people of the United States, who 

41288 have the right to purchase. 

41289 Article 4. The United States having thus described and 

41290 acknowledged what lands belong to the Oneidas, Onondagas, 

41291 Cayugas, and Senekas, and engaged never to claim the same, 

41292 nor to disturb them, or any of the Six Nations, or their Indian 

41293 friends residing thereon and united with them, in the free use 

41294 and enjoyment thereof, now, the Six Nations, and each of 

41295 them, hereby engage that they will never claim any other lands 

41296 within the boundaries of the United States, nor ever disturb the 

41297 people of the United States in the free use and enjoyment 

41298 thereof. 

41299 Article 5. The Seneka Nation, all others of the Six Na- 

41300 tions concurring, cede to the United States the right of making 

41301 a waggon road from Fort Schlosser to Lake Erie, as far south 

41302 as Buffaloe Creek ; and the people of the United States shall 

41303 have the free and undisturbed use of this road for the purposes 

41304 of travelling and transportation. And the Six Nations, and each 

41305 of them, will forever allow to the people of the United States a 

41306 free passage through their lauds, and the free use of the har- 

41307 hours and rivers adjoining and within their respective tracts of 



927 



41308 laud, for the passing and securing of vessels and boats, and 

41309 liberty to land their cargoes where necessary for their safety. 

41310 Article G. In consideration of the peace and friendship 

41311 hereby established, and of the engagements entered into by the 

41312 Six Nations, and because the Uuited States desire with human. 

41313 ity and kindness to contribute to their comfortable support, and 

41314 to render the peace and friendship hereby established si rong a in I 

41315 perpetual, the United States now deliver to the Six Nations, and 

41316 the Indians of the other nations residing among and united with 

41317 them, a quantity of goods of the value of ten thousand dollars* 

41318 And for the same considerations, and with a view to promote 

41319 the future welfare of the Six Nations, and of their Indian friends 

41320 aforesaid, the United States wijl add the sum of three thousand 

41321 dollars to the One thousand five hundred dollars heretofore al- 

41322 lowed them by an article ratified by the President ou the twenty- 

41323 third day of April, 1792, making, in the whole, four thousand five 

41324 hundred dollars, which shall be expended yearly forever in pur 

41325 chasing clothing, domestic animals, implements of husbandry, 
4132G and other uteusils suited to their circumstances, and in compen- 

41327 sating useful artificers, who shall reside with or near them, and 

41328 be employed for their benefit ; the immediate application of the 

41329 whole annual allowance now stipulated to be made by the super- 

41330 intendent appointed by the President for the affairs of the Six 

41331 Nations and their Indian friends aforesaid. 

41332 Article 7. Lest the firm peace and friendship now estab- 

41333 lished should be interrupted by the misconduct of individuals, 

41334 the United States and Six Nations agree that, for injuries done 

41335 by individuals on either side, no private revenge or retaliation 

41336 shall take place, but instead thereof complaint shall be made by 

41337 the party injured to the other — by the Six Nations, or any of 

41338 them, to the President of the United States or the snperintend- 

41339 ent by him appointed, and by the superintendent or other person 

41340 appointed by the President to the principal chiefs of the Six 

41341 Nations, or of the nation to which the offender belongs, and such 

41342 prudent measures shall then be pursued as shall be necessary to 

41343 preserve our peace and friendship unbroken, until the legislature 

41344 (or great council) of the United States shall make other equitable 

41345 |irovision for the purpose. 

41346 Note. — It is clearly understood by the parties to this treaty 

41347 that the annuity stipulated in the sixth article is to be applied 

41348 to the benefit of such of the Six Nations, and of their Indian 

41349 friends united with them as aforesaid, as do or shall reside within 

41350 the boundaries of the United States, for the United States do 

41351 not interfere with nations, tribes, or families of Indians elsewhere 

41352 resident. 

41353 Proclaimed January 21, 1705. 



928 



41354 SHOSHONEES— NOBTHWESTERN BANDS. 

41355 Treaty between tlie United States of America and the northwestern 
4135G hands of Shoshonee Indians, concluded at Box Elder, July 30, 

41357 1863; ratification advised, with amendments, by the Senate, 

41358 March 7, 1804; amendments assented to November 18, 1864. 

41359 Abraham Lincoln, President of the United States of America, 

41360 to all and singular to whom these presents shall come, 

41361 greeting : 

41362 Whereas a treaty was made and concluded at Box Elder, 

41363 in the Territory of Utah, on the thirtieth day of July, in the 

41364 year of our Lord one thousand eight hundred and sixty-three, 

41365 by and between James Duane Doty, commissioner, and Briga- 

41366 dier-General P. Edward Connor, on the part of the United 

41367 States, and the hereinafter-named chiefs and warriors of the 

41368 northwestern bands of Shoshonee Indians, on the part of said 

41369 bands of Indians, and duly authorized thereto by them, which 

41370 treaty is in the words and figures following, to wit : 

41371 Articles of agreement made at Box Elder, in Utah Territory, 

41372 this thirtieth day of July, A. D. one thousand eight 

41373 hundred and sixty- three, by and between the United States 

41374 of America, represented by Brigadier-General P. Edward 

41375 Connor, commanding the military district of Utah, and 

41376 James Duane Doty, commissioner, and the north western 

41377 bands of the Shoshonee Indians, represented by their chiefs 

41378 and warriors : 

41379 Article 1. It is agreed that friendly and amicable 

41380 relations shall be re-established between the bauds of the 

41381 Shoshonee Nation, parties hereto, and the United States, and 

41382 it is declared that a firm and perpetual peace shall be henceforth 

41383 maintained between the said bands and the United States. 

41384 Article 2. The treaty concluded at Fort Bridger on the 

41385 2nd day of July, 1863, (proclaimed February 24, 1S69; see page 

41386 931,) between the United States and the Shoshonee Nation, beiug 

41387 read and fully interpreted and explained to the said chiefs and 

41388 warriors, they do hereby r give their full and free assent to all of 

41389 the provisions of said treaty, and the same are hereby adopted 

41390 as a part of this agreement, and the same shall be binding upon 

41391 the parties hereto. 

41392 Article 3. In consideration of the stipulations in the 

41393 precediug articles, the United States agree to increase the 

41394 annuity to the Shoshonee Nation five thousand dollars, to be 

41395 -paid in the manner provided in said treaty. And the said 

41396 northwestern bands hereby acknowledge to have received of the 



929 



41397 United States, at the signing of these articles, provisions and 

41398 goods to the amount of two thousand dollars, to relieve their 

41399 immediate necessities, the said bands having been reduced by 

41400 the war to a state of utter destitution. 

41401 Article 4. The country claimed by Pokatello, for himself 

41402 and his people, is bounded on the west by Raft River and on the 

41403 east by the Porteneuf Mountains. 

41404 Article 5. Nothing herein contained shall be construed 

41405 or taken to admit any other or greater title or interest in the 

41406 lands embraced within the territories described in said treaty in 

41407 said tribes or bands of Indians than existed in them upon the 

41408 acquisition of said territories from Mexico by the laws thereof. 

41409 Proclaimed June 17, 1865. 



41410 SHOSHONEE-GOSHIPS. 



41411 Treaty between the United States of America and the Shoshonee- 

41412 Goship bands of Indians, concluded at Tuilla Valley October 

41413 12, 1863 ; ratification advised, with amendment by the Senate, 

41414 March 7, 1864 ; amendment assented to November 24, 1864. 

41415 Abraham Lincoln, President of the United States of America, 

41416 to all and singular to whom these presents shall come, 

41417 greeting: , 

41418 Whereas a treaty was made and concluded at Tuilla Valley, 

41419 in the Territory of Utah, on the twelfth day of October, in the 

41420 year of our Lord one thousand eight hundred and sixty-three, by 

41421 and between James Duane Doty and P. Edward Connor, com- 

41422 mission ers on the part of the United States, and the hereinaf- 

41423 ter-named chiefs, principal men, and warriors of the Shoshonee- 

41424 Goship bands of Indians, on the part of said bands of Indians, 

41425 and duly authorized thereto by them, which treaty is in the 

41426 words and figures following, to wit : 

41427 Treaty of peace and friendship made at Tuilla Valley, in the 

41428 Territory of Utah, this twelfth day of October, A. D. one 

41429 thousand eight hundred and sixty-three, between the United 

41430 States of America, represented by the undersigned commis- 

41431 sioners, and the Shoshonee- Goship bands of Indians, repre 

41432 sented by their chiefs, principal men, and warriors, as foT- 

41433 lows : 

41434 Article 1. Peace and friendship is hereby established and 

41435 shall be hereafter maintained between the Shoshonee-Goship 

41436 bands of Indians and the citizens and Government of the United 

41437 States ; and the said bauds stipulate and agree that hostilities 

117 I T 



930 



41438 and all depredations upon the emigrant trains, the mail, and tel- 

41439 egraph Hues, and upon the citizeus of the United States, within 

41440 their country, shall cease. 

41441 Article 2. It is further stipulated by said bands that the 

41442 several routes of travel through their country now or hereafter 

41443 used by wliite men shall be forever free and unobstructed by 

41444 them, for the use of the Government of the United States, and 

41445 of ail emigrants and travellers within it under its authority and 

41446 protection, without molestation or injury from them. And if 

41447 depredations are at any time committed by bad men of their 

41448 own or other tribes within their country, the offenders shall be 

41449 immediately taken and delivered up to the proper officers of 

41450 the United States, to be punished as their offences may deserve ; 

41451 and the safety of all travellers passing peaceably over either of 

41452 said routes is hereby guaranteed by said bands. 

41453 Military posts may be established by the President of the 

41454 United States along said routes, or elsewhere in their country, 

41455 and station-houses may be erected and occupied at such points 

41456 as may be necessary for the comfort and convenience of travel- 

41457 lers or for the use of the mail or telegraph companies. 

41458 Article 3. The telegraph and overland stage lines having 

41459 been established and operated by companies under the authority 

41460 of the United States through the country occupied by said bands, 

41461 it is expressly agreed that the same may be continued without 

41462 hindrance, molestation, or injury from the people of said bands, 

41463 and that their property, and the lives and property of passengers 

41464 in the stages, and of the employees of the respective companies, 

41465 shall be protected by them. 

41466 And further, it being understood that provision has been 

41467 made by the Government of the United States for the construc- 

41468 tion of a railway from the plains west to the Pacific Ocean, it is 

41469 stipulated by said bands that the said railway or its branches 

41470 may be located, constructed, and operated, and without moles- 

41471 tation from them, through any portion of the country claimed 

41472 or occupied by them. 

41473 Article 4. It is further agreed by the parties hereto that 

41474 the country of the Gbship tribe may be explored and prospected 

41475 for gold and silver or other minerals and metals, and when 

41476 mines are discovered they may be worked, and mining and agri 

41477 cultural settlements formed, and ranchos established wherever 

41478 they may be required. Mills may be erected and timber taken 

41479 for their use, as also for building and other purposes, in any 

41480 part of said .country. 

41481 Article 5. It is understood that the boundaries of the 

41482 country claimed and occupied by the Goship tribe, as defined 

41483 and described by said bands, are as follows : On the north by 



931 

41484 the middle of the Great Desert ; on the west by Steptoe Yalley ; 

41485 on the south by Tooedoe or Green Mountains, and on the cast 

41486 by Great Salt Lake, Tuilla, and Rush Valleys. 

41487 Article 6. The said bands agree that whenever the Presi- 

41488 dent of the United States shall deem it expedient for them to 

41489 abandon the roaming life which they now lead, and become set- 

41490 tied as herdsmen or agriculturists, he is hereby authorized to 

41491 make such reservations for their use as he may deem necessary; 

41492 and they do also agree to remove their camps to such reserva- 

41493 tions as he may indicate, and to reside and remain thereon. 

41494 Article 7. The United States being aware of the incon- 

41495 venience resulting to the Indians, in consequence of the driving 

41496 away and destruction of game along the routes travelled by 

41497 white men, and by the formation of agricultural and mining set- 

41498 tlements, are willing to fairly compensate them for the same. 

41499 Therefore, and in consideration of the preceding stipulations, 

41500 and of their faithful observance by said bands, the United States 

41501 promise and agree to pay to the said Goship tribe, or to the said 

41502 bands, parties hereto, at the option of the President of the 

41503 United States, annually for the term of twenty years, the sum 

41504 of one thousand dollars, in such articles, including cattle for 

41505 herding or other purposes, as the President shall deem suitable 

41506 for their wants and condition, either as hunters or herdsmen. 

41507 And the said bands, for themselves and for their tribe, hereby 

41508 acknowledge the reception of the said stipulated annuities as a 

41509 full compensation and equivalent for the loss of game and the 

41510 rights and privileges hereby conceded, and also one thousand 

41511 dollars in provisions and goods at and before the signing of this 

41512 treaty. 

41513 Article 8. Nothing herein contained shall be construed or 

41514 taken to admit any other or greater title or interest in the lands 

41515 embraced within the territories described in said treaty in said 

41516 tribes or bands of Indians than existed in them upon the acquisi- 

41517 tion of said territories from Mexico by the laws thereof. 

41518 Proclaimed January 17, 1865. 

41519 SHOSHONEES— EASTERN BAND AND BANNACKS. 

41520 Treaty bettveen the United States of America and the eastern band 

41521 of Shoshonees and the Bannack tribe of Indians, concluded 

41522 * July 3, 1868 ; ratification advised February 16, 1869. 

41523 Andrew Johnson, President of the United States of America, 

41524 to all and singular to whom these presents shall come, 

41525 greeting : 



932 



41526 Whereas a treaty was made and concluded at Fort Bridger, 

41527 in the Territory of Utah, on the third day of July, in the year of 

41528 our Lord one thousand eight hundred and sixty-eight, by and 

41529 between Nathaniel G. Taylor, William T. Sherman, William S. 

41530 Harney, John B. Sanborn, S. F. Tappan, C. C. Augur, and Al- 

41531 fred H. Terry, commissioners on the part of the United States, 

41532 and Wash-a-kie, Wau-ni-pitz, and other chiefs and head-men of 

41533 the eastern band of Shoshonee Indians, and Tag-gee, Tay-to-ba, 

41534 and other chiefs and head-men of tkeBannack tribe of Indians, 

41535 on the part of said band and tribe of Indians, respectively, and 

41536 duly authorized thereto by them, which treaty is in the words 

41537 and figures following, to wit : 



41538 Articles of a treaty with the Shoshonees ( eastern band ) and Ban- 

41539 nack tribes of Indians, made the third day of July, 1868, at 

41540 Fort Bridger, Utah Territory. 

41541 Articles of a treaty made and concluded at Fort Bridger, Utah 

41542 Territory, on the third day of July, in the year of our Lord 

41543 one thousand eight hundred and sixty-eight, by and be- 

41544 tween the undersigned commissioners on the part of the 

41545 United States, and the undersigned chiefs and head-men 

41546 of and representing the Shoshonee (eastern band) and Ban- 

41547 nack tribes of Indians, they being duly authorized to act in 

41548 the premises : 

41549 Article 1. From this day forward peace between the par- 

41550 ties to this treaty shall forever continue. The Government of 

41551 the United States desires peace, and its honor is hereby pledged 

41552 to keep it. The Indians desire peace, and they hereby pledge 

41553 their honor to maintain it. 

41554 If bad men among the whites, or among other people sub- 

41555 ject to the authority of the United States, shall commit any wrong 

41556 upon the person or property of the Indians, the United States 

41557 will, upon proof made to the agent and forwarded to the Oom- 

41558 missioner of Indian Affairs, at Washington City, proceed at once 

41559 to cause the offender to be arrested and punished according to 

41560 the laws of the United States, and also re-imburse the injured 

41561 person for the loss sustained. 

41562 If bad men among the Indians shall commit a wrong or dep- 

41563 redation upon the person or property of any one, white, black, 

41564 or Indian, subject to the authority of the United States and at 

41565 peace therewith, the Indians herein named solemnly agree that 

41566 they will, on proof made to their agent and notice by him, de- 

41567 liver up the wrong-doer to the United States, to be tried and 

41568 punished according to the laws ; and in case they wilfully refuse 

41569 so to do, the person injured shall be re-imbursed for his loss from 



933 



41570 the annuities or other moneys due or to become due to them 

41571 under this or other treaties made with the United States. And 

41572 the President, on advising with the Commissioner of Indian Af- 

41573 fairs, shall prescribe such rules and regulations for ascertaining 

41574 damages under the provisions of this article as in his judgment 

41575 may be proper. But no such damages shall be adjusted and 

41576 paid until thoroughly examined and passed upon by the Coin- 

41577 missioner of Indian Affairs, and no one sustaining loss while 

41578 violating or because of his violating the provisions of this treaty 

41579 or the laws of the United States shall be re imbursed therefor. 

41580 Article 2. It is agreed that whenever the Baunacks desire 

41581 a reservation to be set apart for their use, or whenever the 

41582 President of the United States shall deem it advisable for them 

41583 to be put upon a reservation, he shall cause a suitable one to be 

41584 selected for them in their present country, which shall embrace 

41585 reasonable portions of the u Port Neuf " and " Kansas Prairie" 

41586 countries, and that, when this reservation is declared, the United 

41587 States will secure to the Baunacks the same rights and privi- 

41588 leges therein, and make the same and like expenditures therein 

41589 for their benefit, except the agency house and residence of 

41590 agent, in proportion to their numbers, as herein provided 

41591 for the Shoshonee reservation. The United States further 

41592 agrees that the following district of country, to wit: Com- 

41593 mencing at the mouth af Owl Greek and running due south 

41594 to the crest of the divide between the Sweetwater and Papo 

41595 Agie Rivers; thence along the crest of said divide and the 

11596 summit of Wind Eiver Mountains to the longitude of North 

11597 Fork of Wind River ; thence due norch to mouth of said 

41598 North Fork and up its channel to a point twenty miles above its 

41599 mouth ; thence in a straight line to head- waters of Owl Creek 

41600 and along middle of channel of Owl Creek to place of beginning, 

41601 shall be and the same is set apart for the absolute and undis- 

41602 turbed use and occupation of the Shoshonee Indians herein 

41603 named, and for such other friendly tribes or individual Indians 

41604 as from time to time they may be willing, with the consent of 

41605 the United States, to admit amongst them ; and the United 

41606 States now solemnly agrees that no persons except those herein 

41607 designated and authorized so to do, and except such officers, 

41608 agents, and employe's of the Government as may^be authorized 

41609 to enter upon Indian reservations in dischargtoof duties en- 

41610 joined by law, shall ever be permitted to pass over, settle upon, 

41611 or reside in the territory described in this article for the use of 

41612 said Indians, and henceforth they will and do hereby relinquish 

41613 all title, claims, or rights in and to any portion of the territory 

41614 of the United States, except such as is embraced within the 

41615 limits aforesaid. 



934 



41616 Article 3. The United States agrees, at its own proper 

41617 expense, to construct, at a suitable point on the Shoshonee reser- 

41618 vation, a warehouse or store-room for the use of the agent in 

41619 storing goods belonging to the Indians, to cost not exceeding 

41620 two thousand dollars; an agency building for the residence of 

41621 the agent, to cost not exceeding three thousand ; a residence for 

41622 the physician, to cost not more than two thousand dollars : and 

41623 five other buildings, for a carpenter, farmer, blacksmith, miller, 

41624 and engineer, each to cost not exceeding two thousand dollars; 

41625 also a school-house or mission building so soon as a sufficient 

41626 number of children can be induced by the agent to attend 

41627 school, which shall not cost exceeding twenty-five hundred dol- 

41628 lars. 

41629 The United States agrees further to cause to be erected on 

41630 said Shoshonee reservation, near the other buildings herein an- 

41631 thorized, a good steam circular-saw mill, with a grist-mill and 

41632 shingle-machine attached, the same to cost not more than eight 

41633 thousand dollars. 

41634 Article 4. The Indians herein named agree, when the 

41635 agency house and other buildings shall be constructed on their 

41636 reservations named, they will make said reservations their per- 

41637 manent home, and they will make no permanent settlement else- 

41638 where ; bnt they shall have the right to hunt on the unoccupied 

41639 lands of the United States so long as game may be found there- 

41640 on, and so long as peace subsists among the whites and In- 

41641 dians on the borders of the hunting districts. 

41642 Article 5. The United States agrees that the agent for said 

41643 Indians shall in the future make his home at the agency build- 

41644 ing on the Shoshonee reservation, but shall direct and super- 

41645 vise affairs on the Bannack reservation; and shall keep an 

41646 office. open at all times for the purpose of prompt and dili- 

41647 gent inquiry into such matters of complaint by and against 

41648 the Indians as may be presented for investigation under the 

41649 provisions of their treaty stipulations, as also for the faithful 

41650 discharge of other duties enjoined by law. In all cases of 

41651 depredation on person or property he shall cause the evidence 

41652 to be taken in writing, and forwarded, together with his finding, 

41653 to the Commissioner of Indian Affairs, whose decision shall be 

41654 binding on the parties to this treaty. 

41655 jxRTICLE 6. If any individual belonging to said tribes of 

41656 Indians, or legally incorporated with them, being the head of a 

41657 family, shall desire to commence farming, he shall have the 

41658 privilege to select, in the presence and with the assistance of 

41659 the agent then in charge, a tract of land within the reservation 

41660 of his tribe, not exceeding three hundred and twenty acres in 

41661 extent, which tract so selected, certified, and recorded in the 



935 



41662 " land-book," as herein directed, shall cease to be held in com- 

41663 mon, but the same may be occupied and held in the exclusive 

41664 possession of the person selecting it, and of his family, so long 

41665 as he or they may continue to cultivate it. 

41666 Any person over eighteen years of age, not being the head 

41667 of a family, may, in like manner, select and cause to be certified 

41668 to him or her, for purposes of cultivation, a quantity of land 

41669 not exceeding eighty acres in extent, and thereupon be entitled 

41670 to the exclusive possession of the same as above described. For 

41671 each tract of land so selected a certificate, containing a descrip- 

41672 tion thereof, and the name of the person selecting it, with acer- 
4L673 tificate indorsed thereon that the same has been recorded, shall 

41674 be delivered to the party entitled to it by the agent, after the 

41675 same shall have been recorded by him in a book to be kept in 

41676 his office subject to inspection, which said book shall be known 

41677 as the " Shoshone (eastern band) and Bannack land-book." 

41678 The President may, at any time, order a survey of these 

41679 reservations, and w' en so surveyed Congress shall provide for 

41680 protecting the rights of the Indian settlers in these improve- 

41681 ments, and may fix the character of the title held by each. The 

41682 United States may pass such laws on the subject of alienation 

41683 and descent of property as between Indians, and on all subjects 

41684 connected with the government of the Indians on said reserva- 

41685 tions, and the internal police thereof, as may be thought proper. 

41686 Article 7. In order to insure the civilization of the tribes 

41687 entering into this treaty, the necessity of education is admitted, 

41688 especially of such of them as are or may be settled on said agri- 

41689 cultural reservations, and they therefore pledge themselves to 

41690 compel their children, male and female, between the ages of six 

41691 and sixteen years, to attend school ; and it is hereby made the 

41692 duty of the agent for said Indians to see that this stipulation is 

41693 strictly complied with ; and the United States agrees that for 

41694 every thirty children between said ages who can be induced or 

41695 compelled to attend school, a house shall be provided and a 

41696 teacher competent to teach the elementary brances of an English 

41697 education shall be furnished, who will reside among said Indi- 

41698 ans and faithfully discharge his or her duties as a teacher. The 

41699 provisions of this article to continue for twenty years. 

41700 Article 8. When the head of a family or lodge shall have 

41701 selected lands and received his certificate as above directed, and 

41702 the agent shall be satisfied that he intends in good faith to 

41703 commence cultivating the soil for a living, he shall be entitled 

41704 to receive seeds and agricultural implements for the first year, 

41705 in value one hundred dollars, and for each succeeding year he 

41706 shall continue to farm, for a period of three years more, he shall 



936 



41707 be entitled to receive seeds and implements as aforesaid in value 

41708 twenty-five dollars per annum. 

•41709 And it is further stipulated that such persons as commence 

41710 farming shall receive instructions from the farmers herein pro- 

41711 vided for, and whenever more than one hundred persons on 

41712 either reservation shall enter upon the cultivation of the soil, a 

41713 second blacksmith shall be provided, with such iron, steel, and 

41714 other material as may be required. 

41715 Article 9. In lieu of all sums of money or other annuities 

41716 provided to be paid to the Indians herein named, under any and 

41717 all treaties heretofore made with them, the United States agrees 

41718 to deliver at the agency-house on the reservation herein pro- 

41719 vided for, on the first day of September of each year, for thirty 

41720 years, the following articles, to wit : 

41721 For each male person over fourteen years of age, a suit of 

41722 good substantial woollen clothing, consisting of coat, hat, pan- 

41723 taloons, flannel shirt, and a pair of woollen socks ; for each 

41724 female over twelve years of age, a flannel skirt, or the goods 

41725 necessary to make it, a pair of woollen hose, twelve yards of 
4172G calico, and twelve yards of cotton domestics. 

41727 For the boys and girls under the ages named, such flannel 

41728 and cotton goods as may be needed to make each a suit as 

41729 aforesaid, together with a pair of woollen hose for each. 

41730 And in order that the Commissioner of Indian Affairs may 

41731 be able to estimate properly for the articles herein named, it 

41732 shall be the duty of the agent, each year, to forward to him a 

41733 full and exact census of the Indians, on which the estimate, from 

41734 year to year, can be based ; and, in addition to the clothing 

41735 herein named, the sum of ten dollars shall be annually appro- 

41736 priated for each Indian roaming, and twenty dollars for each In- 

41737 dian engaged in agriculture, for a period of ten years, to be 

41738 used by the Secretary of the Interior in the purchase of such 

41739 articles as, from time to time, the condition and necessities of 

41740 the Indians may indicate to be proper. And if, at any time 

41741 within the ten years, it shall appear that the amount of money 

41742 needed for clothing under this article can be appropriated to 

41743 better uses for the tribes herein named, Congress may, by law, 

41744 change the appropriation to other purposes; but in no event 

41745 shall the amount of this appropriation be withdrawn or discon- 

41746 tinued for the period named. And the President shall annually 

41747 detail an officer of the Army to be present, and attest the de- 

41748 livery of all the goods herein named to the Indians, and he shall 

41749 inspect and report on the quantity and quality of the goods and 

41750 the manner of their delivery. 

41751 Article 10. The United States hereby agrees to furnish 

41752 annually to the Indians the physician, teachers, carpenter, 



937 



41753 miller, engineer, farmer, and blacksmith, as herein contemplated, 

41754 and that such appropriations shall be made, from time to time, 

41755 on the estimates of the Secretary of the Interior, as will be suf- 

41756 ficient to employ such persons. 

41757 Article 11. No treaty for the cession of any portion of the 

41758 reservations herein described which may be held in common 

41759 shall be of any force or validity as against the said Indians, 

41760 unless executed and signed by at least a majority of all the adult 

41761 male Indians occupying or interested in the same; and no ces- 

41762 sion by the tribe shall be understood or construed in such man- 

41763 ner as to deprive, without his consent, any individual member 

41764 of the tribe of his right to any tract of land selected by him, as 

41765 provided in Article 6 of this treaty. 

41766 Article 12. It is agreed that the sum of five hundred dol* 

41767 lars annually, for three years from the date when they com- 

41768 mence to cultivate a farm, shall be expended in presents to the 

41769 ten persons of said tribe who, in the judgment of the agent, 

41770 may grow the most valuable crops for the respective year. 

41771 Article 13. It is further agreed that, until such time as 

41772 the agency-buildings are established on the Shoshonee reserva- 

41773 tion, their agent shall reside at Fort Bridger, U. T., and their 

41774 annuities shall be delivered to them at the same place in June 

41775 of eaclfyear. 

41776 Proclaimed February 24, 1869. 



41777 STOCKBRIDGES. 



41778 Articles of a treaty made at Stochbridge, in the Territory of Wi§- 

41779 consin, on the third day of September, in the year of our Lord 

41780 one thousand eight hundred and thirty -nine, between the United 

41781 /States of America, by their commissioner, Albert Gallup, and 

41782 the Stochbridge and Munsee tribes of Indians, who reside upon 

41783 Lahe Winnebago, in the Territory of ]Yisconsin. 

41784 Article 1. The Stockbridge and Munsee tribes of Indians 

41785 (formerly of New York) hereby cede and relinquish to the United 

41786 States the east half of the tract of forty-six thousand and 

41787 eighty acres of land, which, was laid off for their use, on the east 

41788 side of Lake Winnebago, iu pursuance of the treaty made by 

41789 George B. Porter, commissioner on the part of the United States, 

41790 and the Menominee Nation of Indians, on the twenty-seventh 

IIS it 



938 



41791 day of October, eighteen hundred and thirty-two, (see page 475 ;) 

41792 the said east half hereby ceded to contain twenty -three thousand 

41793 and forty acres of land, to be of equal width at the north and 

41794 south ends, and to be divided from the west half of said tract 

41795 of forty-six thousand and eighty acres by a line to be run parallel 

41796 to the east line of said tract j the United States to pay therefor 

41797 one dollar per acre at the time and in the manner hereinafter 

41798 provided. 

41799 Article 2. Whereas a portion of said tribes, according to 

41800 a census or roll taken, and hereunto annexed, are desirous to 

41801 remove west, and the others to remain where they now are $ and 

41802 whereas the just proportion of the emigrating party in the whole 

41803 tract of forty*six thousand and eighty acres is eight thousand 

41804 seven hundred and sixty-seven and three-fourths acres of land, 
41S05 it is agreed that the United States pay to the said emigrating 

41806 party the sum of eight thousand seven hundred and sixty-seven 

41807 dollars and seventy-five cents, as a full compensation for all 

41808 their interest in the lands held by the party who remain, as well 

41809 as in the lands hereby ceded to the United States. 

41810 Article 3. Whereas the improvements of the emigrating 

41811 party are all on that part of the original tract which is reserved 

41812 and still held by the party who remain in Stockbridge, and it is 

41813 but equitable that those who remain should pay those who emi- 

41814 grate for such improvements, it is agreed that the United States 

41815 shall pay to the emigrating party the sum of three thousand 

41816 eight hundred and seventy-nine dollars and thirty cents, the 

41817 appraised value of said improvements } and it is hereby agreed, 

41818 and expressly understood, that the monies payable to the emi- 

41819 grating party shall be distributed among the heads of families, 

41820 according to the schedule hereunto annexed, the whole amount 

41821 to be paid to the emigrating party under this and the preceding 

41822 article being the sum of twelve thousand six hundred and forty- 

41823 seven dollars and five cents. 

41824 Article 4. The ballance of the consideration-money for 

41825 the lands hereby ceded, (after deducting the sums mentioned in 

41826 the second and third articles,) amounting to the sum of ten 

41827 thousand three hundred and ninety-two dollars and ninety-five 

41828 cents, is to be paid to and invested for the benefit of such of the 

41829 Stockbridge and Munsee tribes of Indians (numbering three hun- 

41830 dred and forty-two souls) as remain at their present place of resi* 

41831 dence, at Stockbridge, on the east side of Winnebago Lake, as fol- 

41832 lows : Six thousand dollars of said sum to be invested by the 

41833 United States in public stocks, at an interest of not less than five 

41834 per cent, per annum, as a permanent school^fund, the interest of 



939 



41835 which shall be paid annually to the sachem and counsellors of 

41836 their tribes, or such other person as they may appoint to receive 

41837 the same, whose receipt shall be a sufficient voucher therefor ; 

41838 and the ballance thereof, amounting to four thousand three 

41839 hundred and ninety-two dollars and ninety-five cents, shall be 

41840 paid to the said sachem and counsellors, or to such person as 

41841 they may appoint to receive the same, whose receipt shall be a 

41842 sufficient voucher therefor. 

41843 Article 5. The monies herein secured to be paid by tbe 

41844 United States to the Stockbridge and Munsee tribes, amounting 

41845 in all to twenty-three thousand and forty dollars, are to be paid 

41846 in manner aforesaid in one year from the date hereof, or sooner 

41847 if practicable. 

41848 Article 6. It is agreed that an exploring party not exceed- 

41849 ing three in number may visit the country west, if the Indians 

41850 shall consider it necessary, and that whenever those who are 

41851 desirous of emigrating shall signify their wish to that effect 

41852 the United States will defray the expenses of their removal west 

41853 of the Mississippi, and furnish them with subsistence for one 

41854 year after their arrival at their new homes. The expenses of 

41855 the exploring party to be borne by the emigrants. 

41856 Article 7. Whereas there are certain unliquidated claims 

41857 and accounts existing between the emigrating party and those 

41858 who remain where they now are, which it is now impossible to 

41859 liquidate and adjust, it is hereby agreed that the same shall be 

41860 submitted to the agent of the United States, who shall be ap- 

41861 pointed to make the payments under this treaty, and that his 

41862 decision shall be final thereon. 



940 



41863 Roll and schedule referred to in articles two and three of the treaty 
41S64 hereunto annexed. 



41865 



41866 

41867 

41868 

41869 

41870 

41871 

41872 

41873 

41874 

41875 

41876 

41877 

41878 

41879 

41880 

41881 

41882 

41883 

41884 

41885 

41886 

41887 

41888 

41889 

41890 

41891 

41892 

41893 
41894 

41895 



Xaroes of-heads of families 
of emigrating party, 



Thomas T. Hendriek. . 
Eobert Konkapot. 

Timothy Tousse 

Eliska Konkapot 

Cornelius Charles. 

Jonas Eonkapot. 
Levi Konkapot. .... 
David Abrams ....... 

Dolly Dockstader 

Eli Hendriek 

Simeon Konkapot 

Lydia Hendriek 

Thomas S. Branch 



■> — 



•_ - 



John Baldwin 

John W. Fewcom 

Jonas Littleman 

Henry Skickett 

Betsy Bennet. ......... 

Peter Sherman 

David Calvin... 

Eli Williams 

Catherine Littleman.,.. 

James Bain 

Big Deer 

ZibaT. Peters 

Cornelius Chemaucum . . 
And other heirs of Phebe 
Ducham 



713 

490J 

642 

642 

686 

321 

107 

214 

597 

321 

321 

107 

13U 

107 

535 

107 

321 

107 

107 

107 

642 

642 

107 

246J 

214 



1 c i - ~ 

3 . ~ ~ ~ 



— ' > 



$713 00 ( 
490 50 
642 00| 
642 Ooj 
686 Ooj. 
321 oo: 
107 oo; 
214 00' . 
597 50 
321 00 
321 00; 
107 Oo| 
131 50. 
107 00| 
535 00 . 
107 00 . 
321 Q0. 
107 00 . 
107 00 
44 50;. 
107 00j. 
642 00 . 

642 oo: 

107 W 
246 25 
214 00 



6480 50 |1, 
939 00| 1, 
135 00 
67 50 



56 25 
584 00 



168 75: 
238 25 



505 00, 



390 00 

40 00 
144 30 



187^ 187 50 530 75 



193 50 
429 50 
777 00 
709 50 
686 00 
377 25 
491 00 
214 00 
766 25 
559 25 
321 00 
412 00 
131 50 
107 00 
535 00 
107 00 
321 00 
107 00 
497 00 
44 50 
107 00 
642 00 
682 00 
107 00 
390 55 
214 00 



80 8,7673 8.767 75 3.879 30 12.647 05 



Proclaimed 31a v 16. 1840, 



941 



41S9G TREATY WITH THE STOCKBRIDGE TRIBE OF I>~. 

41897 DIANS. 

41893 Whereas by an act of Congress entitled "An act for the 

41899 relief of the Stockbridge tribe of Indians, in the Territory of 

41900 Wisconsin," approved on the third day of March, A. D. 1843, 

41901 it was provided that the township of land on the east side of 

41902 Winnebago Lake, secured to said tribe by the treaty with the 

41903 Menomonee Indians of February 8th, 1831, as amended by the 

41904 Senate of the United States, and not heretofore ceded by said 

41905 tribe to the United States, should be divided and allotted among 

41906 the individual members of said tribe, by commissioners to be 

41907 elected for that purpose, who were to make report of such divis- 

41908 ion and allotment, and thereupon the persons composing said 

41909 tribe were to become citizens of the United States. 

41910 And whereas a portion of said tribe refused to recognize the 

41911 validity of said act of Congress, or the proceedings which were 

41912 had under it, or to be governed by its provisions, and upon their 

41913 petition a subsequent act was passed by the Congress of the 

41914 United States, on the Gth day of August, 184G, repealing the 
41913 said act of March 3d, 1843, and providing, among other things, 

41916 that such of said tribe as should enrol themselves with the sub- 

41917 agent of Indian affairs at Green Bay, should be and remain citi- 

41918 zens of the United States, and the residue of said tribe were 

41919 restored to their ancient form of government as an Indian tribe. 

41920 It was also provided that the said township of land should be 

41921 divided into two districts, one of which was to be known as the 

41922 "Indian district/' the other as the "citizen district f the former 

41923 to be held in common by the party who did not desire citizen- 

41924 ship, and the latter to be divided and allotted among such as 

41925 were citizens and desired to remain so, 

41926 And whereas it has been found impracticable to carry into 

41927 full effect the provisions of the act of August Gth, 184G, by 

41928 dividing the said township of land in the manner specified in 

41929 said act, without infringing upon private rights acquired in good 

41930 faith under the act of 1843 hereinbefore referred to, with a view 

41931 of relieving both the Indian and citizen parties of said Stock- 

41932 bridge tribe of Indians from their present embarrassments, and 

41933 to secure to each their just rights, articles of agreement and 

41934 compromise have been entered into,, as follows : 

41935 Articles of agreement and treaty made and concluded at Stock- 

41936 bridge, in the State of Wisconsin, on the 24th day of Xo- 

41937 vember, in the year of our Lord one thousand eight hundred 
41£38 and forty-eight, by and between the undersigned, acting 

41939 commissioners on the part of the United States of America, 

41940 and the Stockbridge tribe of Indians. 



942 



41941 Article 1. The said Stockbridge tribe of Indians renounce 

41942 all participation in any of the benefits or privileges granted or 

41943 conferred by the act of Congress entitled " An act for the relief 

41944 of the Stockbridge tribe of Indians, in the Territory of Wis- 

41945 consin," approved March 3, 1843, and relinquish all rights 

41946 secured by said act; and they do hereby acknowledge and 

41947 declare themselves to be under the protection and guardianship 

41948 of the United States, as other Indian tribes. 

41949 Article 2, That no misunderstanding may exist, now or 

41950 hereafter, in determining who compose said tribe and are parties 

41951 hereto, it is agreed that a roll or census shall be taken and ap- 

41952 pended to this agreement, and in like manner taken annually here- 

41953 after, and returned to the Secretary of the War Department of 

41954 the United States, containing the names of all such as are parties 

41955 hereto, and to be known and recognized as the Stockbridge 

41956 tribe of Indians, who shall each be entitled to their due propor- 

41957 tion of the benefits to be derived from the provisions made for 

41958 their tribe by this and former agreements ; and whenever any 

41959 of them shall separate themselves from said tribe, or abandon 

41960 the country which may be selected for their future home, the 

41961 share or portion of such shall cease, and they shall forfeit all 

41962 claims to be recognized as members of said tribe, 

41963 Article 3. The said Stockbridge tribe of Indians hereby sell 

41964 and relinquish to the United States the township of land on the 

41965 east side of Lake Winnebago, (granted and secured to said tribe 

41966 by the treaty with the Menomonee tribe of Indians of February 8, 

41967 1831, (see page 468,) as amended by the resolution of the Sen? 

41968 ate of the United States,) and situated in the State of Wisconsin, 

41969 Article 4. The said township of land shall be surveyed into 

41970 lots, in conformity with the plan adopted by the commissioners 

41971 elected under the act of March 3, 1843, and such of said lands 

41972 as were allotted by said commissioners to members of said tribe 

41973 who have become citizens of the United States (a schedule of 

41974 which is hereunto annexed) are hereby confirmed to such indi- 

41975 viduals respectively, and patents therefor shall be issued by 

41976 the United States. The residue of said lands belonging to the 

41977 United States shall be brought into market but shall not be sold 

41978 at less than the appraised value, unless the Senate of the United 

41979 States shall otherwise determine. 

41980 Article 5. In consideration of the cession and relinquish- 

41981 ment hereinbefore made by the said Stockbridge tribe of In- 

41982 dians, it is agreed that the United States shall pay to said tribe, 

41983 within six months after the ratification of this agreement, the 

41984 sum of sixteen thousand five hundred dollars to enable them 

41985 to settle their affairs, obtain necessaries, and make provision for 

41986 establishing themselves in a new home, 



943 



41987 Article 6. The United States shall also pay to said tribe, 

41988 within six months after the ratification of this agreement, the 

41989 sum of fourteen thousand five hundred and four dollars and 

41990 eighty-five cents, being the appraised value of their improve- 

41991 ments upon the lands herein ceded and relinquished to the 

41992 United States, and to be paid to the individuals claiming said 

41993 improvements according to the schedule and assessment here- 

41994 with transmitted. 

41995 Article 7. It is farther stipulated and agreed that the said 

41996 Stockbridge tribe may remain upon the lands they now occupy 

41997 for one year after the ratification of this agreement, and that 

41998 they will remove to the country set apart for them, or such other 

41999 west of the Mississippi Eiver as they may be able to secure, 

42000 where all their treaty stipulations with the Government shall be 

42001 carried into effect. 

42002 Article 8. Whenever the said Stockbridge tribe shall sig- 

42003 nify their wish to emigrate, the United States will defray the 

42004 expenses of their removal west of the Mississippi and furnish 

42005 them with subsistence for one year after their arrival at their 
42000 new home. 

42007 Article 9. It is further stipulated and agreed, that, for the 

42008 purpose of making provision for the rising generation of said 

42009 tribe, the sum of sixteen thousand five hundred dollars shall be 

42010 invested by the United States in stock, bearing an interest of 

42011 not less than five per cent, per annum, the interest of which shall 

42012 be paid annually to said tribe, as other annuities are paid by the 

42013 United States. 

42014 Article 10. It is agreed that nothing herein shall prevent 

42015 a survey of said lauds, at any time after the ratification of this 

42016 agreement, and that said tribe shall commit no waste or do un- 

42017 necessary damage upon the premises occupied by them. 

42018 Article 11. The United States will pay the expenses in^ 

42019 curred by the sachem and head-men, amounting to three thou^ 

42020 sand dollars, in attending to the business of said tribe since the 

42021 year 1843. 

42022 Article 12. This agreement to be binding and obligatory 

42023 upon the contracting parties from and after its ratification by 

42024 the Government of the United States. 

42025 SUPPLEMENTAL ARTICLE. 

42026 Whereas the Stockbridge and Munsee Indians consider that 

42027 they have a claim against the United States for indemnity for 

42028 certain lands on White Eiver in the State of Indiana, and for cer* 

42029 tain other lands in the State of Wisconsin, which they allege they 

42030 have been deprived of by treaties entered into with the Miamies 

42031 and Delawares, or to the lauds claimed by them in Indiana, and 



944 



42032 with, the Menomonees and Wiunebagoes, or to the lauds in Wis- 

42033 cousin, without their consent ; and whereas the said Stockbridge 

42034 and Muusee Indians, by their chiefs and agents, have continue! 

42035 to prosecute their said claims during the last twenty years at 

42036 their own expense, except the sum of three thousand dollars paid 

42037 them in 1821 ; and whereas it is desirable that all ground of dis- 

42038 content on the part of said Indians shall be removed, the United 
12039 States do further stipulate, in consideration of the relinquish- 

42040 ment by them of said claims, and all others, except as provided 

42041 in this treaty, to pay the sachems or chiefs of said Indians, on 

42042 the ratification of this article by them, with the assent of their 

42043 people, the sum of five thousand dollars, and the further sum of 

42044 twenty thousand dollars, to be paid in ten annual instalments, 

42045 to commence when the said Indians shall have selected and re- 
4204G moved to their new homes, as contemplated by the seventh arti* 

42047 cle of this treaty. 

42048 The President of the United States, within two years from 

42049 the ratification of this treaty, shall procure for the use of said 

42050 Stockbridge Indians a quantity of land west of the Mississippi 

42051 River, upon which they shall reside, not less than seventy-two 

42052 sections, said Indians to be consulted as to the location of said 

42053 land, and to be holden by the same tenure as other Indian lands* 



42054 


Boll or census of the Stockbridge tribe of Indians, taken 


in con* 


42055 


form ity w ith the pro v is io ns 


of the second article of the within 


42056 


agreement. 










42057 


Heads of families. 


Jlaie. 


Female: 


Soys; 


Girls. Total, 


42058 




1 


1 


3 


4 9 


42059 




1 


1 




2 


42060 




, 1 


1 




1 3 


42061 




1 


1 


o 


4 


42062 




1 


1 


1 


.. 3 


42063 




. 1 






.. 1 


42064 




. 1 


1 


1 


Q 

o 


42065 




1 


1 


1 


2 5 


42066 




.... 1 


1 


1 


1 4 


42067 










1 


42068 




1 


1 


k> 


1 5 


42069 




1 


1 


O 


5 9 


42070 




1 


1 


1 


3 G 


42071 




1 


1 




2 


42072 


Aaron Turkey 


- 1 


1 


o 


2 6 


42073 




.... 1 


1 


4 


1 7 


42074 




1 


1 




1 3 


42075 




, 1 


1 


1 


1 4 



945 



42076 


Heads of families. 


Males. 


Females. 


Boys. 


Girls. 


Total. 


42077 


Moses Charles 


1 


1 


1 


1 


4 


42078 


Benjamin Pve, 3d 


. . . 1 


1 


1 


1 


4 


42079 




1 








1 


42080 


David Palmer 


1 


1 


1 




3 


42081 


Jacob Ivonkapot 


1 


1 






3 


42082 




1 


1 






2 


42083 






1 


1 


1 


3 


42084 


Elizabeth Aaron 




1 


1 


2 


4 


42085 






1 




1 


2 


42086 




1 


1 


4 


2 


8 


42087 


Louisa Jamison 




1 






1 


42088 




1 








1 


42089 






1 






1 


42090 




. . . . 1 




3 




4 


42091 




1 


1 




2 


4 


42092 


Elizabeth Wilber 




1 


1 


3 


5 


42093 


John W. Qainney, jr., and sister 


1 


1 






2 


42094 




1 


1 






9 


42095 






1 






2 


42096 


Phoebe S. Picket 




1 






1 


42097 




. . 1 


2 






3 


42098 


Jeremiah Bennet 


1 


2 






5 


42099 


Paul Pve 


1 


1 


JL 




3 


42100 


Peter Bennet 


1 








1 


42101 


ZibaT. Peters 


1 


1 


2 




4 


42102 


Ezekiel Eobinson and brother 






2 




2 


42103 


TjSI.wt'PTip.p Ynf'nin 


x 








i 
j- 


42104 




1 






1 


2 


42105 


Lucinda Quinnev 




1 


2 


1 


4 


42106 


Jemima Doxtater 




1 






1 


42107 


Amelia Quinnev , 




1 


1 




o 


42108 


Peter Bennet. sen 


1 


1 


1 


3 


6 


42109 




1 


1 


1 


1 


4 


42110 


Levi Konkapot 


1 








1 


43111 




1 








1 


42112 


John Killsnake 


1 








1 


42113 


Lewis Hendricks 


1 








1 


42114 






1 






1 


42115 














42116 












177 



* 119 I T 



946 



42117 


Schedule of lands to be patented to individuals under the 4:th article 


42118 




of the above agreement. 




42119 


Names. 


So. of lot. 


No. of acres. 


42120 




1 




42121 




2 




42122 


John N. Chicks . . 


.... 4 




42123 


Jacob Davids ... 


... ... 5 




42124 


Harvey Johnson . . 


8 




42125 


Hannah P. Chicks 


................ 10 




42126 


Dindemia,. -RiV Dppr A E. pnd 14 


22.66 


42127 


Puella Jourclain 


.w 16 




42128 


Jacobs Chicks . . 


17 




42129 


John Chicks 


18 




42130 


Josiah Chicks 


,. . 20 




42131 


Jacob Chicks 


21 




42132 


Jos. L. Chicks 


22 




421oo 


Jacob Chicks 


23 




42134 


John N. Chicks . 


24 


f 


42135 


Moses E, Merrill 


25, 26, 27 




42136 


John K. Chicks . 


...28,29 




42137 




30 




42138 


Marietta Abrains . 


^1 




42139 




N.J 32 ..\ 


30.62 


42140 


Joseph L. Chicks 


.. 33 




42141 


John Dick ....... 


37 




42142 


John More 


38 




42143 


Isaac Jacobs ...... 


40 




42144 


Benjamin Welch 


41 




42145 




44 




42146 


Daniel Davids ....... 


47 




24147 


Daniel Davids .... 


48 




I01 AO 

42148 


John W. Abrains 


S. 1 48 




42149 


Louisa Davids 


- 50 




42150 


Harry E. Eastman 


51 




42151 


Eunice Abrams . 


..... . 52 




42152 


Daniel Davids . 


53 




42153 




54 




42154 


Hoel S. Wright 


. S. part of 55 


5 


42155 


Oscar Wright. 


...IT. part of 55 


57^ 


42156 


John Littleman . . . 


S. i 56 




42157 


Daniel Davids 


K | 56 




42158 


Darius Davids 


57 




42159 


Margaret Davids . . 


58 




42160 


Daniel Davids . . . 


60 




42161 


Erastns Welch, (a strip E. of road). 65 0 chains 25 Iks. wide off 


42162 




S. side of lot. 





947 



82 



42163 Names. No. of lot. .No. off 

42164 Richard Fidler E. of road 65 Balance of the lot. 

42165 Henry Modlin part 65 W. of road, 5 1 g 

42166 Henry Jacobs 63 

42167 Lucy Jacobs .frac'l part of 66 W. of road, 50.50 

42168 John W. Abrams E. J 68 

42169 John Dick . .... 70 

42170 Eunice Abrams 1ST. J 76 

42171 Mary Hendrick E. J 78 

42172 Isaac Jacobs and George Bennet.., 79 

42173 John N. Chicks 81 

42174 John N. Chicks and 

42175 Jacob Davids. 

42176 Nancy Hunt W. J 83. 31J 

42177 James Menaare and ) , 0 . ^ , 

, 01 „ Q w . s \ part of 84 E. end. lo£ 

42178 Betsy Menagre * d 

42179 Betsy Wyatt W. \ 85 & 86 62 J 

42180 William Gardner. 87 

42181 Timothy Jourdain 90 

42182 Timothy Jourdain B. .J 91 31. 25 

42183 Charles Stevens 92 & 94 

42184 Nancy Homm 98 

42185 Joseph L. Chicks 102 

42186 John N. Chicks ..... 103 

42187 John Moore - 105 

42188 Josiah Chicks 106 

42189 John K Chicks . . . „ . . 110 

42190 Timothy Jourdain Ill, 112 

42191 John Littleman 113 

42192 Nathan Goodell .... 115 

42193 Charles Stevens , . . . S. part 119 50 

42194 Catharine Littleman E. part 128 54. 60 

42195 John Moore 129 

42196 John W. Abrams 130 

42197 Jacob Davids. 131 

42198 Adam Sheriff. W. J 132 31. 25 

42199 Jacob Davids 133 

42200 Joseph L. Chicks 134 

42201 Catharine Mills ....W.J 136 

42202 Joseph Doxtater 144 & 145 

42203 Isaac Jacobs 151 

42204 Alexander Abrams 154 

42205 Jacob Davids . , 155 

42206 Darius Davids 156 

42207 John Littleman 157 

42208 Isaac Jacobs 158 

42209 Hannah W. Chicks 159 



948 



1 001 A 
4221U 


Names. 


No. of lot. 


A OOl "I 






42J12 






I OOl q 


John N. Chicks 


173 


1 OOl 






1 OOl 






1 OOl fi 




176 


4 001 7 

4JJ 1 * 




i 7A 


1 OOl Q 




"1 Of\ 


1 001 o 




1 Q1 


,i ooon 




1 GO 


A oooi 




i a a 


oooo 


Bartholomew Bowman 


1 Qii 


< 999 o 




1 (27 

lo7 


999 j 


Andrew Chicks 


loo 


,<999pr 




1 (2A 


1 999ft 




"1 A1 


< 9997 




. b. part ot 1U2, and 221 


i 999Q 


Mordy Mann 


. JN. part oi ly2, ana 221 


j OOOrt 




194 


422o0 


William Gardner. ..... 




4223 L 


Triphane E. Jourdain. . 


AAA 


,4 OOOO 

42232 


Caleb Moors 


223 


4 O O o *"> 

4223o 


Isaac Simons ... 


OO 4 

21^4 


/4 OOQ /I 

42234 




on:; 

225 


/I OOQ K 


Sophia M. Jourdain . . . 


....... — 22b 


4223b 


Jesse Bowman 


OOf7 

. ...... 227 


/I OOQ 7 
4223 i 




OOQ 


4 OOQQ 




OOA 


/< OOQA 

4223y 




Of) 1 


i OO 4 A 

4224U 




OQO 


1 9 9 1 1 




OQQ 


/I OO 1 O 




OQ/1 






OQrt 


A OO/I /I 
42JJ44 




OQ7 


/l OO 1 K 




O 1 A 


/< OO/i ft 
4JJ4b 




O^Q 


/I OO A 7 




Oft/i 


A OO A Q 
4224o 


"VXT-; 1 1 i O „ „ J- 4- 


O^iK 


A OO A A 

4J249 


William bcott 


C! 1 r%t\Ct 


42250 




"VT 1 • Ciff* 


42251 




,. 267 


42252 




268 


42253 




271 


42254 




274 


42255 




276 


42256 




277 



949 



42257 No. of lot. No. of acre« 

42258 Edward Howell 279 

42259 Harriet Johnson 280 

42260 Lucinda Gardner 282 

42261 Hope Moore 284 

42262 Jenrison C. Chicks 308 

42263 Obadiah Gardner 309 

42264 Eachael Davids 313 

42265 Julius Davids 314 

42266 Elizabeth Bowman 315 

42267 Jeremiah Gardner 316 

42268 Mary Jane Bowman 317 

42269 Nancy Johnson 319 

42270 Jason Simmons 320 

42271 Betsy Menagre 321 

42272 Darius Davids 323 

42273 Humble M. Jourdain , . . 325 

42274 Stephen Gardner 326 

42275 Francis T. Davids 327 

42276 Mary McCallister 328 

42277 Mary Hendrick 335 

42278 Susannah Hendrick 349 

42279 Jacob Moore 355 

42280 David Gardner 357 

42281 George Gardner. 359 

42282 Catharine Bowman . 360 

42283 Serepta Johnson 361 

42284 Thankful Stephens 362 

42285 William Gardner 364 

42286 Joseph Chicks 365 

42287 John Chicks 366 

42288 Charles Stephens 367, 368 

42289 Timothy Jourdain 369, 370, 371 

42290 Jacob Chicks 372, 373 

42291 Paul D. Hay ward 375 

42292 State of Winconsin 383 School purposes. 

42293 Timothy Jourdain... 384 

42294 Jeremiah Johnson 385,389 

42295 American Board of ^ 

42296 Commissioners for ( 386, 390 

42297 Foreign Missions. 3 

42298 Jacob Chick 387, 391 

42299 Timothy Jourdain 388 

42300 John K Chicks 392, 396 

42301 William Gardner 393, 394^ 397, 398 

42302 Lemuel Goodell N. end 395 2 acres. 

42303 M. L. MARTIN. 

42304 ALBERT G. ELLIS. 



950 



42305 


Valuation of improvements, 


(vide Art. 6.) 






493on 




Acres. 




Dollars. 


49307 


A n cf"i in 1 Im n ti o\ t 


1 fi3 38 


o 


7fiO ft 3 
< Ou OO 


42308 




4Q 50 




718 95 


49300 


X/~\c?ot^1i \F n 1 n 11 £itt 


30 QO 




U_L ( J.O 


4931 A 




38 7fi 




703 9fi 


4931 1 




43 00 




OCA *n 
you «Ju 


4.931 9 


H; 1 1 *7 0 Iao i~ 1 1 Pol mDV 


9Q Ofi 




51 9 41 


4931 3 




55 f»9 




880 87 

OOU O i 


4-9314. 




5 00 




149 50 

-Li-. «JU 


4931 5 


T-^o^CkT" T^i Tii H"lamon 


3 95 




1 fi8 88 


4931 (\ 




1 5 50 




9fi7 p;o 


4231 7 


M at vc r»~F .T ^^r\f 11 m 


fi 78 




78 03 
< o uo 


4931 8 


A QTTvn T^nrVov 


00 




31 1 00 


4931 Q 


13 oni Q in i tt "P \ t o 9/1 


40 00 




R40 00 


49390 




50 00 




895 00 


49391 


Afr« P Wrio'ht 


k no 




f\7 50 

O < <JU 


49399 


A 1~kT*Q Vl Q 1V» T-^T'O 


30 00 




405 00 

■±00 uv 


49393 


RoinQitim Prn 4f"li 






40 00 

•±17 Uu 


49394 








40 00 

±U UU 


49395 


R on i '.a tv> i n T-*\~a 3/1 


90 00 




350 00 
oju uu 


4939fi 




30 00 




485 00 
iOw uu 


4.9397 


Ziba T Peters 


10 00 




915 00 


42328 




3. 00 




85 00 


4939a 


T'Viftinji.s SUrpn an fl Vi 


17 00 




340 50 


49330 




30 00 




535 00 


42331 


Elizabeth Wilber . .... 


41. 62 




711 87 


42332 




4. 00 




60 00 


42333 




60. 00 


i, 


315 00 


42334 








150 00 


42335 








42336 






$15, 


504 85 


42337 


Katified March 1, 1849. 









42338 Franklin Pierce, President of the United States of America, 

42339 to all and singular to whom these presents shall come, greet- 

42340 ing : 

42341 Whereas a treaty was made and concluded at Stockbridge, 

42342 in the State of Wisconsin, on the fifth day of February, eighteen 

42343 hundred and fifty-six, between Francis Huebschmann, commis- 

42344 sioner on the part of the United States, and the Stockbridge and 

42345 Munsee tribes of Indians, assembled in general council, and such 

42346 of the Munsees as were included in the treaty of September third, 

42347 eighteen hundred and thirty-nine, but are yet residing in the 

42348 State of New York, by their duly authorized delegates, William 



951 



42349 Mohawk and Joshua Willson, which treaty is in the words and 

42350 figures following, to wit : 

42351 Whereas by Senate amendment to the treaty with the Me- 

42352 nomonees of February eighth, one thousand eight hundred and 

42353 thirty-one, two townships of land on the east side of Winnebago 

42354 Lake, Territory of Wisconsin, were set aside for the use of the 

42355 Stockbridge and Munsee tribes of Indians, all formerly of the 
42350 State of New York, but a part of whom had already removed to 

42357 Wisconsin ; and 

42358 Whereas said Indians took possession of said lands, but dis- 

42359 sensions' existing among them led to the treaty of September 

42360 third, one thousand eight hundred and thirty-nine, by which the 

42361 east half of said two townships was retroceded to the United 

42362 States, and in conformity to which a part of said Stockbridges 

42363 and Munsees emigrated west of the Mississippi ; and 

42364 Whereas, to relieve them from dissensions still existing, by 

42365 " An act for the relief of the Stockbridge tribe of Indians in the 

42366 Territory of Wisconsin," approved March third, one thousand 

42367 eight hundred and forty-three, it was provided that the remain- 

42368 ing townships of land should be divided into lots and allotted 

42369 between the individual members of said tribe ; and 

42370 Whereas a part of said tribe refused to be governed by the 

42371 provisions of said act, and a subsequent act was passed on the 

42372 sixth day of August, one thousand eight hundred and forty-six, 

42373 repealing the aforementioned act, but without making provision 

42374 for bona fide purchasers of lots in the townships subdivided in 

42375 conformity to the said first-named act; and 

42376 Whereas it was found impracticable to carry into effect the 

42377 provisions of the last-mentioned act, and, to remedy all difficul- 

42378 ties, a treaty was entered into on the twenty-fourth of Kovem- 

42379 ber, one thousand eight hundred and forty-eight, wherein, 

42380 among other provisions, the tribe obligated itself to remove to 

42381 the country west of the Mississippi set apart for them by the 

42382 amendment to said treaty ; and 

42383 Whereas dissensions have yet been constantly existing 

42384 amongst them, and many of the tribe refused to remove when 

42385 they were offered a location in Miunnesota, and applied for a re- 

42386 trocession to them of the township of Stockbridge, which has 

42387 been refused by the United States ; and 

42388 Whereas a majority of the said tribe of Stockbridges aud 

42389 the Munsees are averse to removing to Minnesota and prefer a 

42390 new location in Wisconsin, and are desirous soon to remove aud 

42391 to resume agricultural pursuits, and gradually to prepare for 

42392 citizenship, and a number of other members of the said tribe 

42393 desire at the present time to sever their tribal relations and to 



952 



42394 receive patents for the lots of land at Stockbridge now occupied 

42395 by them ; and 

42396 Whereas the United States are willing to exercise the same 

42397 liberal policy as heretofore, and for the purpose of relieving 

42398 these Indians from the complicated difficulties by which they 

42399 are surrounded, and to establish comfortably together all such 

42400 Stockbridges and Munsees, wherever they may be now located, 

42401 in Wisconsin, in the State of 'New York, or west of the Missis- 

42402 sippi, as were included in the treaty of September third, one 

42403 thousand eight hundred and thirty -nine, and desire to remain 

42404 for the present under the paternal care of the United States 

42405 G-overnment ; and for the purpose of enabling such ^individuals 
4240G of said tribes as are now qualified and desirous to manage their 

42407 own affairs, to exercise the rights and to perform the duties of 

42408 the citizen, these articles of agreement have been entered into: 

42409 Articles of agreement and convention made and concluded at 

42410 Stockbridge, in the State of Wisconsin, on the fifth day of 

42411 February, in the year of our Lord one thousand eight hun- 

42412 dred and fifty-six, between Francis Huebschmann, commis- 

42413 sioner on the part of the United States, and the Stock- 

42414 bridge and Munsee tribes of Indians, assembled in general 

42415 council, and such of the Munsees who were included in the 

42416 treaty of September third, one thousand eight hundred and 

42417 thirty-nine, but are yet residing in the State of Kew York, 

42418 by their duly authorized delegates, William Mohawk and 
424L9 Joshua Willson. 

42420 Article 1. The Stockbridge and Munsee tribes, who were 

42421 included in the treaty of September third, one thousand eight 

42422 hundred and thirty-nine, and all the individual members of said 

42423 tribes, hereby jointly and severally cede and relinquish to the 

42424 United States all their remaining right and title in the lands at 

42425 the town of Stockbridge, State of Wisconsin, the seventy -two 

42426 sections of land in Minnesota set aside for them by the amend- 

42427 ment to the treaty of November twenty-fourth, one thousand 

42428 eight hundred and forty eight, the twenty thousand dollars 

42429 stipulated to be paid to them by the said amendment, the six- 

42430 teen thousand five hundred dollars invested by the United 

42431 States in stocks for the benefit of the Stockbridge tribe in cou- 

42432 formity to Article 9 of the said treaty, and all claims set up by 

42433 and for the Stockbridge and Munsee tribes, or by and for the 

42434 Munsees separately, or by and for any individuals of the Stock- 

42435 bridge tribe who claim to have been deprived of annuities since 

42436 the year one thousand eight hundred and forty-three, and all 

42437 such and other claims set up by or for them or any of them are- 

42438 hereby abrogated, and the United States released and discharged 

42439 therefrom. 



953 



42440 Article 2. In consideration of such cession and relinquish- 

42441 ment by said Stockbridges and Munsees, the United States agree 

42442 to select as soon as practicable and to give them a tract of land 

42443 in the State of Wisconsin, near the southern boundary of the 

42444 Menomonee reservation, of sufficient extent to provide' for each 

42445 head of a family and others lots of land of eighty and forty acres, 

42446 as hereinafter provided ; every such lot to contain at least one- 

42447 half of arable land, and to pay to be expended for improvements 

42448 for the said Stockbridges and Munsees, as provided in article 

42449 4, the sum of forty-one thousand one hundred dollars, and a 

42450 farther sum of twenty thousand five hundred and fifty dollars to 

42451 enable them to remove.* 

42452 "And the farther sum of eighteen thousand dollars, (twelve 

42453 thousand for the Stockbridges and six thousand for the Man- 

42454 sees,) to be expended at such time and in such manner as may 

42455 be prescribed by the Secretary of the Interior, in the purchase 

42456 of stock and necessaries, the discharge of national or tribal debts, 

42457 and to enable them to settle their affairs." 

42458 Aeticle 3. As soon as practicable after the selection of the 

42459 lands set aside for these Indians by the preceding article, the 

42460 United States shall cause the same to be surveyed into sections, 

42461 half and quarter sections, to correspond with the public surveys, 

42462 and the council of the Stockbridges and Munsees shall, under the 

42463 direction of the superintendent of Indian affairs for the northern 

42464 superin tendency, make a fair and just allotment among the in- 

42465 dividuals and families of their tribes. Each head of a family 

42466 shall be entitled to eighty acres of land, and in case his or her 

42467 family consists of more than four members, if thought expedient 

42468 by the said council, eighty acres more may be allotted to him or 

42469 her; each single male person above eighteen years of age shall 

42470 be entitled to eighty acres ; and each female person above 

42471 eighteen years of age, not belongiug to any family, and each 

42472 orphan child, to forty acres ; and sufficient land shall be reserved 

42473 for the rising generation. 

42474 After the said allotment is made, the persons entitled to 

42475 land may take immediate possession thereof, and the United 

42476 States will thenceforth and until the issuing of the patents, as 

42477 hereinafter provided, hold the same in trust for such persons, 

42478 and certificates shall be issued, in a suitable form, guaranteeing 

42479 and securing to the holders their possession and an ultimate 

42480 title to the land j but such certificates shall not be assignable, 

42481 and shall contain a clause expressly prohibiting the sale or trans- 

42482 fer by the holder of the land described therein. After the expi- 

42483 ration of ten years, upon the application of the holder of such 

42484 certificate, made with the consent of the said Stockbridge and 

42485 Munsee council, and when it shall appear prudent and for his 

* 120 it 



954 



42486 or her welfare, the President of the United States may direct 

42487 that such restriction on the power of sale shall be withdrawn and 

42488 a patent issued in the usual form. 

42489 Should any of the heads of families die before the issuing of 

42490 the certificates or patents herein provided for, the same shall 
42494 issue to their heirs ; and if the holder of any such certificate shall 

42492 die without heirs, his or her land shall not revert to the United 

42493 States, unless on petition of the Stockbridge and Munsee council 

42494 for the issuing of a new certificate for the land of such deceased 

42495 person to the holder of any other certificate for land, and on the 
42498 surrendering to the United States of such other certificate by 

42497 the holder thereof, the President shall direct the issuing of a 

42498 new certificate for such land ; and in like manner new certificates 

42499 may be given for lots of land, the prior certificates for which 

42500 have been surrendered by the holders thereof. 

42501 Article 4. Of the monies set aside for improvements by 

42502 the second of these articles, not exceeding one-fourth shall be 

42503 applied to the building of roads leading to and through said 

42504 lands : to the erection of a school-house, and such other improve- 

42505 ments of a public character as will be deemed necessary by the 

42506 said Stockbridge and Munsee council, and approved by the 

42507 superintendent of the northern superintendency. The residue 

42508 of the said fund shall be expended for improvements to be made 

42509 by and for the different members and families composing the 

42510 said tribes, according to a system to be adopted by the said 

42511 council, under the direction of the superintendent aforesaid, and 

42512 to be first approved by the Commissioner of Indian Affairs. 

42513 Article 5. The persons to be included in the apportion- 

42514 ment of the land and money to be divided and expended under 

42515 the provisions of this agreement shall be such only as are ac- 

42516 tual members of the said Stockbridge and Munsee tribes, (a roll 

42517 or census of whom shall be taken and appended to this agree- 

42518 ment,) their heirs and legal representatives j and hereafter the 

42519 adoption of any individual amongst them shall be null and void 

42520 except it be first approved by the Commissioner of Indian 

42521 Affairs. 

42522 Article 6. In case the United States desire to locate on 

42523 the tract of land to be selected as herein provided, the Stock - 

42524 bridges and Munsees emigrated to the west of the Mississippi, 

42525 in conformity to the treaty of September third, one thousand 

42526 eight hundred and thirty-nine, the Stockbridges and Munsees 

42527 parties to this treaty, agreed to receive them as brethren : Pro 

42528 vided. That none of the said Stockbridges and Munsees, whether 

42529 now residing at Stockbridge, in the State of Wisconsin, in 

42530 the State of New York, or west of the Mississippi, shall be en- 

42531 titled to any of these lands or the money stipulated to be ex- 



955 



42532 pended by these articles, unless they remove to the new location 

42533 within two years from the ratification hereof. 

42534 Article 7. The said Stockbridges and Munsees hereby set 

42535 aside, for educational purposes exclusively, their portion of the 

42536 annuities under the treaties of November the eleventh, one thou- 

42537 sand seven hundred and ninety-four; August eleventh, one 

42538 thousand eight hundred and twenty-seven ; and September 

42539 third, one thousand eight hundred and thirty-nine. 

42540 Article 8. One hundred and fifty dollars valuation of the 

42541 school-house at Stockbridge, made in conformity to article 6 

42542 of the treaty of November twenty-fourth, one thousand eight 

42543 hundred and forty-eight, and remaining unpaid, shall be expend - 

42544 ed in the erection of a school-house, with the other funds set 

42545 aside for the same purpose by article 4 of this agreement. 

42546 Article 9. About seven and two-fifths acres, bounded as 

42547 follows : Beginning at the northeast corner of lot eighty-nine, 

42548 in the centre of the military road ; thence west along the north 

42549 line of said lot fifty-four and a quarter rods; thence south 

42550 thirty-eight and a quarter rods ; thence east twenty-eight and a 

42551 quarter rods ; thence north thirty four and a quarter rods ; 

42552 thence east twenty-six rods ; thence north four rods, to the 

42553 place of beginning, comprising the ground heretofore used by 

42554 the Stockbridges to bury their dead, shall be patented to the 

42555 supervisors of the town of Stockbridge, to be held by them and 

42556 their successors in trust for the inhabitants of said town, to be 

42557 used by them as a cemetery, and the proceeds from cemetery 

42558 lots and burial-places to be applied in fencing, clearing, and 

42559 embellishing the grounds. 

42560 Article 10. It is agreed that all roads and highways laid 

42561 out by authority of law shall have right of way through the 

42562 lands set aside for said Indians on the same terms as are pro- 

42563 vided by law for their location through lands of citizens of the 

42564 United States. 

42565 Article 11. The object of this instrument being to advance 

42566 the welfare and improvement of said Indians, it is agreed, if it 

42567 prove insufficient from causes which cannot now be foreseen," to 

42568 effect these ends, that the President of the United States "may, 

42569 by and with the advice and consent of the Senate, adopt such 

42570 policy in the management of their affairs as in his judgment 

42571 may be most beneficial to them; or Congress may, hereafter, 

42572 make such provision by law as experience skair prove to be 

42573 necessary. 

42574 Article 12. The said Stockbridges^and Munsees agree to 

42575 suppress the use of ardent spirits among their people, and to re- 

42576 sist, by all prudent means, its introduction in their settlements. 

42577 Article 13. The Secretary of the Interior, if deemed by 



956 



42578 him expedient and proper, may examine into the sales made by 

42579 the Stockbridge Indians to whom lots of land were allotted in 

42580 conformity to the acts of Congress, entitled "An act for the re- 
425S1 lief of the Stockbridge tribe of Indians in the Territory of Wis- 

42582 cousin," approved March third, one thousand eight hundred and 

42583 forty-three ; and if it shall be found that any of the said sales 

42584 have been improperly made, or that a proper consideration has 

42585 not been paid, the same may be disapproved or set aside. By 

42586 the direction of the said Secretary, patents to such lots of land 

42587 shall be issued to such persons as shall be found to be entitled 
43588 to the same. 

42589 Article 14. The lots of land the equitable title to which 

42590 shall be found not to have passed by valid sales from the Stock- 

42591 bridge Indians to purchasers, and such lots as have, by the 

42592 treaty of November twenty-fourth, one thousand eight hundred 

42593 and forty-eight, been receded to the United States, shall be sold 

42594 at the minimum price of ten dollars per acre for lots fronting on 

42595 Lake Winnebago, on both sides of the military road, and all the 

42596 lands iu the three tiers of lots next to Lake Winnebago, and at 

42597 five dollars per acre for the residue of the lands in said town 

42598 ship of Stockbridge. Purchasers of lots on which improve- 

42599 ments were made by Stockbridge Indians shall pay, in addition 

42600 to the said minimum price, the appraised value of such improve- 

42601 ments. To actual settlers on any of said lots possessing the 

42602 qualifications requisite to acquire pre emption rights, or being 

42603 civilized persons of Indian descent, not members of any tribe, 

42604 who shall prove, to the satisfaction of the register of the land 

42605 district to which the township of Stockbridge shall be attached, 

42606 that he or she has made improvements to the value of not less 

42607 than fifty dollars on such lot, and that he or she is actually re- 

42608 siding on it, the time of paying the purchase-price may be 

42609 extended for a term not exceeding three years from the ratifica- 

42610 tion hereof, as shall be deemed advisable by the President of 

42611 the United States, provided that no such actual settler shall be 

42612 permitted to pre-empt, in the manner aforesaid, more than one 

42613 lot, or two contiguous lots, on which he has proved to have 

42614 made improvements exceeding the value of one hundred dollars. 

42615 The residue of said lots shall be brought into market as other 

42616 Government lands are offered for sale, and shall not be sold at a 

42617 less price than the said minimum price; and all said sales shall 

42618 be made, and the patents provided for in these articles shall be 

42619 issued, in accordance with the survey made in conformity to 

42620 said act of March third, one thousand eight hundred and forty- 

42621 three, unless, in the opinion of the Secretary of the Interior, a 

42622 new survey shall be deemed necessary and proper. 

42623 Article 15, The United States agree to pay, within one 



957 



42624 
42625 
42626 
42627 
42628 
42629 
42630 
42631 
42632 
42633 
42634 
42635 
42636 
42637 
42638 
42639 
42640 
42641 

42642 

42643 

42644 

42645 

42646 

42647 

42648 

42649 

42650 

42651 

42652 

42653 

42654 

42655 

42656 

42657 

42658 

42659 

42660 

42661 

42662 

42663 

42664 



year after the ratification of this agreement, the appraised value 
of the improvements upon the lands herein ceded and relin- 
quished to the United States, to the individuals claiming the 
same, the valuation of such improvements to be made by a per- 
son to be selected by the superintendent of Indian affairs for 
the northern superintendency, and not to exceed, in the aggre- 
gate, the sum of five thousand dollars. 

Article 16. The hereinafter named Stockbridge Indians 
having become sufficiently advanced in civilization, and being 
desirous of separating from the Stockbridge tribe, and of en- 
joying the privileges granted to persons of Indian descent by 
the State of Wisconsin, and in consideration of ceding and re- 
linquishing to the United States all their rights in the lands and 
annuities of the Stockbridge tribe of Indians, and in the annu- 
ities, money, or land to which said Indians now are or may 
hereafter be entitled, the United States agree to issue patents in 
fee-simple to the said Stockbridge Indians to the lots of land, at 
the town of Stockbridge, described and set opposite their names. 



Names of persons.* 

John Moore 

Job Moore . . . 

Sopha Moore . 

Caleb Moore. 

Elizabeth Moore 

Henry Moore 

Daniel Davids* heirs 

John Littleman's heirs 

Jane Dean's heirs 

A. Miller's heirs 

Mary McAllister ........... 

Hope Welch . . 

Catharine Mills 

Nancy Horn 

Margaret Beaulieu 

Sally Shenandoah 

Jacob Moore 

Martha Moore, wife of Jacob Moore 

Betsey Manague 

Levy Konkapot 

Mary Hendrick 

John W. Abrams ...» 



Lots to be patented to them. 

9, 38, and 105. 

69, 176 and 191 

177 

223 

234 

264 ... 

47, N. half 48, 60 
113 

30 

14 

K half 280 .. . 
284 

S. half 194.... 

K half 270.... 

N. half 238.... 

76 

233 

253 

N. half 349.... 

61, 152 

78 

59 



Lots, the privilege of 
entering which on 
the same terms of 
payment as pre- 
scribed for actual 
settlers in article 
11 is granted. 

226 and 187 
280 



233 



S. half 280 

K half 194 
S. half 270 
S. half 238 

190 

S. half 349 



42665 The said Mary Hendrick, and Levy Konkapot, John W. 

42666 Abrams to have the privilege of joining again the said Stock- 

42667 bridges and Munsees in their new location. 



958 



42668 Article 17. So much of the treaties of September third, 

42669 one thousand eight hundred and thirty-nine, and of November 

42670 twenty -fourth, one thousand eight hundred and forty-eight, as is 

42671 in contravention or in conflict with the stipulations of this 

42672 agreement, is hereby abrogated and annulled. 

42673 Article 18. This instrument shall be binding upon the 

42674 contracting parties whenever the same shall be ratified by the 

42675 President and the Senate of the United States. 

42676 Roll and census made in conformity to article 5 of the foregoing 

42677 treaty. 

A ( ~>f{'7Q Names. — Census of the Munsees of New York. 

■±-jU«0 included in the treaty of September 3, 1839. Men. Women. Children. Total. 

42679 Isaac Durkee ...... 1 1 2 4 

42680 William Mohawk 112 4 

42681 Titus Mohawk .. .. 1 1 

42682 Thomas Snake's widow . .. 1 1 2 

42683 Austin Half White .. 1 1 

42684 Clarissa Spragg. 1 7 8 

42685 George Moses. 112 4 

42686 Jonathan Waterman... 115 7 

42687 Jonathan Titus 1 .. .. 1 

42688 Levy Halftown ........ . 117 9 

42689 Jefferson Halftown..... 1 1 2 

42690 Eunice Red Eye 1 5 6 

42691 John Wilson..... 113 5 

42692 Joshua Wilson 1 1 2 4 

4_0(~}QQ Names. — Census of Stockbridges and Munsees 

1-JUJJ at Stockbridge, Wisconsin. Men. Women. Children. Total. 

42694 John 1ST. Chicks 1 . . 3 4 

42695 Jeremiah Slingerland. . . 113 5 

42696 JohnW.Abrams 1 1 4 6 

42697 Ziba T.Peters 112 4 

42698 Levy Konkapot ........ 1 . . . . 1 

42699 Thomas S. Branch 1 1 2 4 

42700 Jacob Davids 114 6 

42701 John W. Quinney, jr. 112 4 

42702 Timothy Jourdan... 113 5 

42703 John Yoccum 114 6 

42704 George T.Bennet. 113 5 

42705 Jacob Konkapot 113 5 

42706 Jesse Jourdan 112 4 

42707 Jeremiah Bennet 112 4 

42708 Isaac Jacobs Ill 3 

42709 James Joshua 1 .. .. 1 

42710 Benjamin Pye, 2d 1 2 4 7 

42711 John P. Hendricks 1 1 2 4 



959 

4.'3719 Names.— Census of Stockbridges and Munsee 

^ 1 at Stockbridge, Wisconsin. m en 

42713 Eli Williams 1 

42714 Cornelias Anthony 1 

42715 Lewis Hendrick 1 

42716 Adam Davids 1 

42717 Elias Konkapot 1 

42718 Jedediah Wilber 1 

42719 William Gardner 1 

42720 Stephen Gardner 1 

42721 Simeon Gardner 1 

42722 Polly Bennett 

42723 Eleanor Charles 

42724 Mary Hendrick .. 

42725 Susannah Hendrick 

42726 Joseph Doxtater ....... 1 

42727 Joseph L. Chicks 1 

42728 James Chicks 

42729 Solomon Davids ....... 1 

42730 Elizabeth Bowman ..... 

42731 Humble Jourdan 1 

42732 Phebe Pye 

42733 Jacob Jacobs 1 

42734 Aaron Konkapot. , 1 

42735 Jeremiah Gardiner 1 

42736 Andrew Wilber. 1 

42737 Prudence Quinney ..... 

42738 Bethseba Wright 

42739 Alonzo Quinney 1 

42740 Eebecca Thompson 

42741 Peter Bennett, sen 1 

42742 Peter Bennett, jr....... 1 

42743 Daniel Gardner 1 

42744 Bathseba Brown 

42745 Dennis T. Turkey 1 

42746 Benjamin Pye, 3d . 1 

42747 Abram Pye, sen 1 

42748 Abram Pye, jr 1 

42749 David Pye 1 

42750 Elizabeth Doxtater 

42751 Margaret Davids * 

42752 Cornelius Aaron 1 

42753 Anna Turkey, 

42754 Phebe Skicket 

42755 Louisa Konkapot. ...... 

42756 Elizabeth Aaron ....... 

42757 Eebecca Aaron ..... 



960 



4_j i Oo 


Names. — Census of Stockbridges and Munsee3 
at Stockbiidge, Wisconsin. 


Men. 


Women. 


Children'- 


Total. 


42 /oy 


Benjamin Pye ? 4tli 


1 

4 


-1 

4 


Q 
O 


5 


1 Q7^A 


Paul Pye 


1 
4 






4 


4-2 < 01 


Jackson Chicks and one 










/< OTftO 

4 J < OJ 


other orphan, heirs of 










42<oo 








O 

2 


2 


j 07A 1 
4-5 i 04 




1 
4 


1 
4 


A 

4 


0 


4 07ft Pi 
4 J I 00 




1 
1 


4 


q 
0 


0 


4-j f 00 






4 


• • 


1 

4 


A 07ft7 

4 J < 0 1 




* • 


1 
4 




4 


4 J i Oo 


Charlotte Palmer 




-1 
4 


q 
O 


4 


4-j < O'J 




• * 


1 
X 


O 


q 
O 


4J l i O 


Hannah Turkey 




1 
X 


q 


4 

'X 


0771 

4J//1 




1 
4 






1 

X 


40779 


TTlivoKnfli "WiTho-n 




1 

JL 


9 


q 
0 


4-j < f o 




1 
X 


1 

X 


7 


9 


/to 7 74 
4 J i I 4 






1 
X 


q 
0 


4- 




Thomas Tonsey 


1 
4 


1 
X 


a 
t> 


O 


J 077A 
4 J < 4 0 


Chester Tousey 


1 

X 


1 
X 


n 
0 


7 
< 


/f 0777 
4-j « < < 




1 

X 








407 78 










1 


4O770 






1 

X 






i 07 QO 
4-j ( oO 


Liiicinda Quinney 




1 

± 


9 


q 


/I 07Q1 
4 J I o4 


Yv I 1 rr C\ \-4 n <1 VI It* CI 




1 

JL 


1 

X 


9 




I iii/niino 1 -3- q y* rl vi t* 




1 

X 


1 


2 


XJ < OO 


|V/l 0 T>tf 1 O ll A l-J s~\ vr T > 1 O T"J 

ivxdxj tiatic x>0\\ liictn . . - - 




1 

X 




1 


497Q4 
4-5 4 54 






1 

X 


2 


,q 


407QR 

*±A i OO 




^ 
X 


1 

X 


1 

JL 


3 


4 J / 50 




1 

4 


1 

X 


9 
Ll 


4 

X 


/I 07Q7 

4 J < 0 1 


Dolly Doxtater 


* " 


1 

1 


1 
X 


9 


4 J < 00 






1 

X 




1 

X 


/I 07Q0 
4-j < O J 


Aaron Smith, (Hannah 










4ir_i < I/O 


ft mi fM 


1 

X 


1 

X 


2 


4 


424 ul 






1 
X 




1 

X 


42*U2 




4 






1 

X 


/I 0700 

42 /y<3 


Peter D. Littleman 


-1 
4 


1 




a 


42<y4 






X 




1 

X 


A O T f\ t 

42 /9a 


John P.Quinney,(absen t) 


-1 
4 


1 
4 




9 


42/yo 


Paul Quinney, (absent). 


-1 
4 


1 
4 




O 


42797 




-1 
1 






1 
X 


42798 


Samuel Stevens 


1 


1 




2 


42799 


Samuel Miller 




1 


4 


5 


42800 


John Metoxen, sen 


1 


1 




2 


42801 


Simeon S. Metoxen 


1 


1 


4 


G 


42802 


Nicholas Palmer 


1 


1 


2 


4 


42803 




1 






1 



901 





Names. — Census of Stockbridges and Munsees 

at Stockbridee. Wisconsin. Men. W»m 


en. Ch 


ildren. 


Total. 


4280^ 


Moses Doxtator 1 


1 




9 


A 


42806 


Darius Charles . . 1 






9 


Q 
O 


42807 


Catharine Butterfield ... 


1 




1 
JL 


9 

Li 




Washington Quinney. - . 1 


1 




O 

o 


i) 


42800 


Ezekifil Robinson 








1 

X 




Sally Pye 


1 




9 
a 


o 




.Tamp.s Palmpr 






& 






Jonas Thompson 1 


1 




Q 
O 


0 




William Thompson 1 








i 

i. 


4281 4 


Austin E Oninnftv 


1 




Q 
i > 


O 




John Beaman 1 








1 


49816 


Simeon Quinney 1 


1 




1 

-L 


o 
o 


4-981 7 


Elizabeth Palmer 


1 






1 

J. 


4981 8 


lYTaTcarAt, TVTi 11 pr 


1 




2 


<> 
tj 


<tZiOJLo 


William Miller 1 








-1 

1 


42820 


Zachariah Milier 1 


1 




\\ 


2 


42821 


Solomon Duchamp 1 








1 


42822 










1 


42823 


Jospeh M. Quinney 1 


1 




1 


■» 


42824 




1 






1 


42825 


Frelinghuysen Quinney. 1 








1 


42826 


Bartholomew Bowman . . 1 








1 


42827 


Lewis Bowman ........ 1 








1 


42828 


Roll and Census of Stockbridges and Munsees tvlio prefer to re- 


H OQOrt 

42oJy 


main at Stockbridge according to article 16. 




42830 


Names. 


Men. 


Women. 


Children. Total. 


42831 




1 






1 


42832 


Job Moore... , 


1 


1 


6 


8 


42833 


Sophia Moore. j 




1 




1 


42834 




1 










Elizabeth Moore ' 














1 




1 


2 


J OQQ7 






1 




1 




Mary Ann Littleman 




1 


1 


2 


lOQOft 

42boy 


Mary Jane Dean. -\ Children / 






1 


1 


42840 


Daniel P. Dean. > of Jane < 






1 


1 


42841 


John W. Dean. > Deau. ( 






1 


1 


42842 






1 




1 


42843 




1 






1 


42844 








1 


1 


42845 






1 




1 


42846 


Catharine Mills 




1 




1 



* 121 I T 



962 



4284 i Names. Men. 

42848 Nancy Horn , 

42849 Margaret Beaulieu 

42850 Sally Schenandoah 

42851 Betsey Manague 

42852 Jacob Moore 1 



Women. 



1 
1 
1 
1 
1 



Children. 



5 



5 



1 

6 
3 
6 



4 



42853 
42854 
42855 



FBANCIS HUEBSCHMA3T8T, 



4285G 
42857 
42858 




42859 embarrassed, condition of the Stockbridge and Mnnsee Indians 

42860 is discussed, and to the paragraph of the general Indian appro- 

42861 priation bill, of the 3d March, 1855, Stat, at Large, vol. x, p. 

42862 699, where there is appropriated, " for the purpose of enabling 

42863 the President to treat with and arrange the difficulties existing 

42864 among the Stockbridge and Munsee Indians of Lake Winne- 

42865 bago, in the State of Wisconsin, arising out of the acts of Con- 

42866 gress of third March, eighteen hundred and forty-three, and 

42867 August sixth, eighteen hundred and forty-six, and the treaty 

42868 of twenty -fourth of November, eighteen hundred and forty - 

42869 eight, in such manner as may be just to the Indians, and with 

42870 their assent, and not inconsistent with the legal rights of white 

42871 persons who may reside on the Stockbridge reserve, of the claim 

42872 of the United States under the treaty of eighteen hundred and 

42873 forty-eight, the sum of fifteen hundred dollars;" and also to 

42874 the treaty which was made between these Indians and Super- 

42875 intendent Francis Huebschmann, during the last summer, which 

42876 for reasons then given you, was disapproved of, I have now the 

42877 honor to send up a treaty concluded with them on the 5th 

42878 ultimo, by Superintendent Huebschinann, the provisions of 

42879 which are approved by me, and would recommend, if you agree, 

42880 that it may be laid before the President, to the end, if ap- 

42881 proved by him, that it may be sent to the Senate for its consti- 

42882 tutional action thereon. 

428S3 And I herewith transmit a copy of the letter of the super- 

42884 intendent sending on said treaty, together with a copy of a 

42885 power of attorney from certain Munsees to Isaac Durkee, Wil- 

42886 liaui Mohawk, and Joshua Wilson, for purposes therein indi- 

42887 cated. 

42888 I would merely remark that by locating the Stockbridges 

42889 in Wisconsin instead of Minnesota about 820,000 of expense 

42890 would be saved in removal, while a location in Minnesota could 

42891 not be more out of the way of the whites, and the lands there 



963 



42892 would be worth to the Government at least as much as the price 

42893 to be paid the Menomonees. 



42894 Very respectfully, your obedient servant, 

42895 GEO. W. MANYPENNY, Commmiont r. 

42896 Hon. Eobert McClelland, 

42897 Secretary of the Interior. 

42898 Northern Superintendence, 

42899 MilwauUe, February 23, 1856. 

42900 Sir : I have the honor to enclose a treaty with the Stock- 



42901 bridges and Munsees, concluded in conformity to your instruc- 

42902 tions. In consequence of the complicated difficulties at Stock- 

42903 bridge, and the factious spirit ruling among the Indians, the 

42904 task imposed upon me was not an easy one, and required ex- 

42905 traordinary patience and forbearance. I believe I have used all 

42906 proper means to make the arrangement contemplated by the 

42907 treaty as acceptable to all parties interested as could be expected 

42908 under the circumstances. However, about one-fifth of the In- 

42909 dians, headed by Austin E. Quinney, and mostly consisting of 

42910 members of the Quinney family, did not sign the treaty, but 

42911 without giving any sensible reason. The only two objections 

42912 raised by Austin E. Quinney to the draft of the treaty were : 

42913 First, That the issuing of patents to lands, to be apportioned to 

42914 the individuals of the tribe, was contemplated. This objection 

42915 was virtually obviated by amending the treaty so that the ap- 

42916 plication for a patent to be made after ten years has first to be 

42917 consented to by the general council of the Stockbridges and 

42918 Munsees. 

42919 His second objection was that there was no provision made 

42920 for the payment of a claim he himself has against the tribe. 

42921 Though I invited him to submit the claim to me for examina- 

42922 tion, he did not do so, and, from what I learned from himself 

42923 and others, it appears that it would, if submitted, not bear very 

42924 accurate examination, as about half of it is made up of high 

42925 charges for meals furnished councillors of the Stockbridges, and 

42926 the other half for funds advanced to one certain Chandler, on 

42927 his share of the twenty thousand dollars to be paid under the 

42928 amendment to the treaty of 1848 for procuring the adoption of 

42929 the said amendment. 

42930 The real objection on the part of the Quiuneys to the re-or- 

42931 ganization of the Stockbridges and Munsees under this treaty 

42932 is, no doubt, the certainty staring them in the face that their 

42933 rule over the tribe will be at an end if the treaty is ratified. To 

42934 show what use this family has made of their power over the 

42935 tribe, I will only mention a few instances. Though claiming to 

42936 hold their lands again in commonalty in consequence of the law 



964 



42937 of August 6, 1846, Austin E. Quinney, by barter and trade car- 

42938 ried on with, widows and other Indians, and by advancing to 

42939 them a few provisions, pretended to have bought their lots of 

42940 land, and under the treaty of 1848 he not only received pay for 

42941 the improvements on all these lands, (1,440 acres,) $2,760.63, but 

42942 of the sixteen thousand five hundred dollars paid under Y artr 

42943 cle of treaty of 1848 he received $3,083, while, under a proper 

42944 per capita apportionment, the share of his family would not 

42945 have been much, more than about three hundred dollars. The 

42946 interest of the $16,500, to be paid "as other annuities are paid 

42947 by the United States," has been apportioned in direct violation 

42948 of the said treaty until the Stockbridge affairs came under my 

42949 superintendence, in the same manner as the $16,500 under arti- 

42950 cle 5 had been paid ; and for the benefit of Sam'l Miller, even that 

42951 illegal apportionment was falsified so as to pay him one-half of 

42952 $1,662.50, and the interest on the other half instead of $412.50, 

42953 the proportion to which he would have been entitled by the 

42954 quantity of land held by him at the treaty of 1848. Austin E. 

42955 Quinney realized about a thousand dollars more by selling his 

42956 pretended right of occupancy to lots, so that it appears that he 

42957 has received about seven thousand dollars in addition to what 

42958 he has received of the money paid to his tribe by the State of 

42959 New York, and it is no doubt mortifying to him that his share 

42960 of moneys hereafter is to be no larger than that of any other 

42961 member of the tribe. A great part of the funds received from 

42962 the State of New York has been used by the Quinney family for 

42963 their own aggrandizement and the sending of delegations to 

42964 Washington ; and the wishes of a majority of the Stockbridges 

42965 in relation to the application of those funds have been fre- 

42966 quently disregarded, and at the present time Sam'l Miller has been 

42967 sent by Austin E. Quinney as delegate to Washington with a 

42968 part of those funds, in direct opposition to the wishes of the 

42969 majority. 

42970 I proposed to Austin E. Quinney and his followers to patent 

42971 to them lands at Stockbridge, and to make other stipulations 

42972 favorable to them, if they preferred to remain there and to 

42973 separate from the tribe ; but as they would not declare their 

42974 willingness to accept of such provisions, and as Quinney declared 

42975 that he would probably desire to remove with the others if the 

42976 lands to be selected were of good quality, and deeming it more 

42977 beneficial to them that they should remove with the others and 

42978 be settled by themselves, if they preferred it, in some corner of 

42979 the new reservation, I did not feel prompted to provide for their 

42980 remaining at Stockbridge, and increased the sums to be paid in 

42981 proportion to their number. 

42982 I had made no secret, since my visit to Stockbridge during 

42983 the fore part of December last, of the arrangement contemplated 



965 



42984 in relation to lands and land-titles at Stockbridge, (articles 1 3 

42985 and 14,) and it appeared generally satisfactory to white set- 

42986 tiers; yet there will be always found meddlesome individuals? 

42987 and it appears that, at the request of a resident of Stock. 

42988 bridge, who, however, has no land himself, a lawyer of Green 

42989 Bay had {Irawn up a petition or memorial asking the treaty to 

42990 be amended. 

42991 When I saw the document no names were attached to it, 

42992 and I have not inquired afterwards if it has been signed by 

42993 anybody and forwarded. I read it very hastily, but it left the 

42994 impression upon my mind that little legal knowledge was dis- 

42995 played by its author. Since the authority to issue patents given 

42996 by the law of 1843 was destroyed by the repealing act of 1846, 

42997 and the list of patents to lots to be granted under the treaty of 

42998 1848 is imperfect and incorrect, the settlers at Stockbridge, if 

42999 they understand it, will be the last to object to authority being 

43000 granted to the proper officer to issue patents ; and the investiga- 

43001 tion of sales made by Indians provided for, I think, will not be 

43002 seriously objected to, except by such who are afraid that the 

43003 consideration paid by them would be found to have consisted of 

43004 whiskey. 

43005 The 111 hi i mum price fixed in the treaty for the land to be 

43006 sold by the United States Government is not too high nor unjust 

43007 to any class of the settlers at Stockbridge. Those who settled 

43008 there shortly after the treaty of 1848, and bought out, for a 

43009 small consideration, the right of occupancy of Indians to their 

43010 houses, clearings, and fields, have since mostly confined them- 

43011 selves to cultivating the fields already made, and raised fine 

43012 crops, without paying any taxes or bearing any of the hardships 

43013 of a new settlement. It has not been so much by their labor 

43014 that these lands have become valuable as by the settlements 

43015 and improvements made in the surrounding country and the 

43016 general prosperity of the State. The settlers who have recently 

43017 squatted on lots of land at Stockbridge have gone there with 

43018 the perfect knowledge of the price which was expected to be 

43019 fixed on those lands, and since it has become known that the 

43020 treaty was signed, that part of the State has been under great 

43021 excitement, and many have flocked to Stockbridge to make 

43022 claims and to avail themselves of the privileges contemplated to 

43023 be extended to actual settlers by the treaty. It is feared that 

43024 there are even more settlers and claimants than lots of land, 

43025 and if the price should be reduced the excitement would, no 

43026 doubt, become more intense, and the land-officers would find it 

43027 more difficult to settle the conflicting claims. Tue privilege of 

43028 entering lands at the terms of payment as prescribed for actual 

43029 settlers in article 14, granted to a number of Indians by article 

43030 16, was considered by all as very valuable, which seems to 



966 



43031 prove beyond a doubt that the price is considered very moderate. 

43032 If the petition above referred to has been signed generally by 

43033 the settlers at Stockbridge, they have done so in consequence of 

43034 its being represented to them that it could do no harm to try to 

43035 get the lands from the Government at a less price, and not 

43036 because the price is too high or unjust to any one of them. A 

43037 power of attorney of the Munsees of New York to their dele- 

43038 gate is herewith enclosed. 



43039 Very respectfully, your obedient servant, 

43040 FEANCIS HUEBSCHMANN, 

43041 Superintendent. 

43042 Hon. Geokge W. Manypenny, 

43043 Commissioner of Indian Affairs, Washington, D. C. 

43044 Know all men that by these presents we make, constitute, and 



43045 appoint Isaac Durkee, William Mohawk, and Joshua Wilson, or 

43046 either two of them in the absence of the other, to receive from 

43047 the commissioner of the United States the share of us, and each 

43048 of us, and our families, in money, which, in consideration of 

43049 annuities due us from the United States, or by virtue and effect 

43050 of a treaty which it is understood is about to be made between 

43051 the United States and the Stockbridge and Munsee tribes of 

43052 Indians, w r e are informed will be our due, and will be paid to us 

43053 by the said commissioner, or by the superintendent of Indian 

43054 affairs for Wisconsin. And we hereby authorize our attorneys 

43055 as aforesaid to give receipts and vouchers to the said commis- 

43056 sioner or superintendent, as may be right, or he may require ; 

43057 our intention. being that our said attorneys shall transmit to us, 

43058 in the State of New York, said moneys, to enable us immediately 

43059 to remove to, improve, and subsist in our new homes in the State 

43060 of Wisconsin ; hereby ratifying the acts of our attorneys in the 

43061 premises. 



43062 In witness whereof, we have hereunto set our hands and 

43063 seals, this day of January, A. D. 1856. 

43064 ISAAC DUEKEE. 

43065 WILLIAM MOHAWK. 

43066 TITUS MOHAWK, his x mark. 

43067 AUSTIN HALF WHITE, his x mark. 

43068 CLAEISSA SPBAGG, her x mark. 

43069 GEOEGE MOSES, his x mark. 

43070 JONATHAN WATEEMAN, his x mark. 

43071 JONATHAN TITUS, his x mark. 

43072 LEVY HALF TOWN, his x mark. 

43073 JEFFEESON HALF TOWN, his x mark. 

43074 In presence of — 

43075 Sam'l W. Beall, 

43076 John Armstrong. 



967 



43077 State of New York, ) 

/ ss. 

43078 Cattaraugus County, S 

43079 Oil this 19th day of January, A. D. 1856, came before me 

43080 Isaac Durkee, William Mohawk, Titus Mohawk, Austin Half 

43081 White, Clarissa Spragg, George Moses, Jonathan Watersnake, 

43082 Jonathan Titus, Levy Half Town, Jefferson Half Town, proven 

43083 to me by the oath of George Jamison, to me well known, to be 

43084 the individuals who signed and executed the within instrument 

43085 of attorney, and acknowledged that they executed it freely. 

43086 GEOEGE JAMISOIST, his x mark. 

43087 Sworn and subscribed before me, this 19th day of Jan- 

43088 uary, 1856. 

43089 ELISHA BROWN, 

43090 Justice of the Peace. 

43091 Proclaimed September 8, 1856. 

43092 TEETONS. 

43093 A treaty of peace and friendship) made and concluded between Will- 

43094 iam Clark, Ninian Edwards, and Auguste Chouteau, commis- 

43095 sioners plenipotentiary of the United States of America, on the 

43096 part and behalf of the said States, of the one part, and the 

43097 undersigned chiefs and tvarriors of the Teeton tribe of Indians, 

43098 on the part and behalf of their said tribe, of the other part. 

43099 The parties being desirous of re-establishing peace and 

43100 friendship between the United States and the said tribe, and 

43101 of being inaeed in all things and in every respect on the 

43102 same footing upon which they stood before the late war be- 

43103 tween the United States and Great Britain, have agreed to the 

43104 following articles : 

43105 Article 1. Every injury or act of hostility committed by 

43106 one or either of the contracting parties against the other shall 

43107 be mutually forgiven and forgot. 

43108 Article 2. There shall be perpetual peace and friendship 

43109 between all the citizens of the United States of America and all 

43110 the individuals composing the said Teeton tribe ; and the friendly 

43111 relations that existed between them before the war shall be, and 

43112 the same are hereby, renewed. 

43113 Article 3. The undersigned chiefs and warriors, for thein- 

43114 selves and their said tribe, do hereby acknowledge themselves 

43115 and their aforesaid tribe to be under the protection of the United 

43116 States of America, and of no other nation, power, or sovereigu 

43117 whatsoever. 

43118 Ratified December 26, 1815. 



968 



43119 UTAHS. 

m 

43120 Treaty between the United States of America and the Utah Indians. 

43121 The following articles have been duly considered and sol- 

43122 emnly adopted by the undersigned, that is to say, James S. 

43123 Calhoun, Indian agent, residing at Santa Fe, acting as comrnis- 

43124 sioner on the part of the United States of America, and Quixia- 

43125 chigate, ISTanito Mncocunachi, Abaganixe, Baniahi, Subleta, 

43126 Bupallachi, Saguasoxego, Paguisachi, Oobaxanor, Amuche, 

43127 Puigniachi, Panachi, Sichuga, Uvicaxinape, Cuchuticay, Nachi- 

43128 tope, Pueguate, Guano Juas, Pacachi, Saguanchi, Acaguate 

43129 nochi, Puibuquiacte, Quixache tuate, Saxiabe, Pichiute Noehi- 

43130 chigue, Uvive, principal and subordinate chiefs, representing the 

43131 Utah tribe of Indians. 

43132 I. The Utah tribe of Ind ians do hereby acknowledge and 

43133 declare they are lawfully and exclusively under the jurisdiction 

43134 of the Government of said States, and to its power and author - 

43135 ity they now unconditionally submit. 

43136 II. From and after the signing of this treaty, hostilities be- 

43137 tween the contracting parties shall cease, and perpetual peace 

43138 and amity shall exist, the said tribe hereby binding themselves 

43139 most solemnly never to associate with or give countenance or 

43140 aid to any tribe or band of Indians, or other persons or powers, 

43141 who may be at any time at enmity with the people or Govern 

43142 ment of said States, and that they will, in all future time, treat 

43143 honestly and humanely every citizen of the United States, and 

43144 all persons and powers at peace with the said States ; and all 

43145 cases of aggression against the said Utahs shall be referred to 

43146 the aforesaid Government for adjustment and settlement. 

43147 III. All American and Mexican captives and others taken , 

43148 from persons or powers at peace with the said States shall be 

43149 restored and delivered by said Utahs to an authorized officer or 

43150 agent of said States, at Abiquin, on or before the first day of 

43151 March, in the year of our Lord one thousand eight hundred and 

43152 fifty j and in like manner all stolen property of every descrip- 

43153 tion shall be restored by or before the aforesaid first day of 

43154 March, 1850. In the event such stolen property shall have been 

43155 consumed or destroyed, the said Utah Indians do agree and are 

43156 hereby bound to make such restitution and under such circum- 

43157 stances as the Government of the United States may order and 

43158 prescribe 5 but this article is not to be so construed or under- 

43159 stood as to create a claim against said States for any losses or 

43160 depredations committed by said Utahs. 

43161 IY. The contracting parties agree that the laws now in 



969 



43102 force, and such others as may be passed, regulating the trade 

431G3 and intercourse, and for tiie preservat ion of peace with the va- 

431G4 rious tribes of Indians under the protection and guardianship of 

431G5 the Government of the United States, shall be as binding and 

4310G obligatory upon the said Utahs as if said laws had been enacted 

431G7 for their sole benefit and protection ; and that said laws may be 

431G8 duly executed ? and for all other useful purposes, the territory oc- 

431G9 cupied by the Utahs is hereby annexed to Xew Mexico as now 

43170 organized or as it may be organized or until the Government of 

43171 the United States shall otherwise order. 

43172 V. The people of the United States, and all others in amity 

43173 with the United States, shall have free passage through the Ter- 

43174 ritory of Utah, under such rules and regulations as may be 

43175 adopted by authority of said States. 

4317G e VI. In order to preserve tranquility and to afford protec- 

43177 tion to all the people and interests of the contracting parties, the 

43178 Government of the United States will establish such military 

43179 posts and agencies, and authorize such trading-houses, at such 

43180 time and in such places as the said Government may designate. 

43181 VII. Eelying confidently upon the justice and liberality of 

43182 the United States, and anxious to remove every possible cause 

43183 that might disturb their peace and quiet, it is agreed by the Utahs 

43184 that the aforesaid Government shall, at its earliest convenience. 

43185 designate, settle, and adjust their territorial boundaries, and 
4318G pass and execute such laws in their Territory as the Govern - 
43187 ment of said States may deem conducive to the happiness and 
4318S prosperity of said Indians. And the said Utahs further bind 

43189 themselves not to depart from their accustomed homes or local i- 

43190 ties unless specially permitted by an agent of the aforesaid 

43191 Government; and so soon as their boundaries are distinctly tle- 

43192 fined the said Utahs are further bound to confine themselves to 

43193 said limits, under such rules as the said Government may pre- 

43194 scribe, and to build up pueblos, or to settle in such other manner 

43195 as will enable them most successfully to cultivate the soil, 
4319G and pursue such other industrial pursuits as will best promote 

43197 their happiness and prosperity ; and they now deliberately and 

43198 considerately pledge their existence as a distinct tribe to ab- 

43199 stain, for all time to come, from all depredations; to cease the 

43200 roving and rambling habits which have hitherto marked them 

43201 as a people; to confine themselves strictly to the limits which 

43202 may be assigned them ; and to support themselves by their own 

43203 industry, aided and directed as it may be by the wisdom, jus- 

43204 tice, and humanity of the American people. 

43205 VIII. For and in consideration of the faithful performance 
4320G of all the stipulations contained in this treaty by the said Utahs. 
43207 the Government of the United States will grant to said Indians 

* 122 I T 



970 



4320S such donations, presents, and implements, and adopt such other 

43209 liberal and humane measures as said Government may deem 

43210 meet and proper. 

43211 IX. This treaty shall he binding upon the contracting par- 

43212 ties from and after the signing of the same, subject, in the first 

43213 place, to the approval of the civil and military governor of Istew 

43214 Mexico, and to such other modifications, amendments, and orders 

43215 as may be adopted by the Government of the United States. 

43216 Proclaimed September 0, 1850. 

43217 UTAHS— TABEGUACHE BAND. 

43218 Treaty between the United States of America and the Tabeguache 

43219 band of Utah Indians, concluded October 7, 1863; ratifica- 

43220 Hon advised, with amendments by the Senate, March 25, 1864; 

43221 amendments assented to October 8, 1864. 

43222 Abraham Lincoln, President of the United States of America, 

43223 to all and singular to whom these presents shall come, 

43224 greeting: 

43225 Whereas a treaty was made and concluded at the Tabe- 
13226 guache agency, at Conejos, Colorado Territory, on the seventh 

43227 day of October, in the year of Lord one thousand eight 

43228 hundred and sixty-three, by and between John Evans, Michael 

43229 Steck, Simeon Whiteley, and Lafayette Head, commissioners on 

43230 the part of the United States, and the hereinafter-named chiefs 

43231 and warriors of the Tabeguache band of Utah Indians, on the 

43232 part of said band of Indians, and duly authorized thereto by 

43233 them, which treaty is in the words and figures following, to 

43234 wit : 

43235 Whereas the Tabeguache band of Utah Indians claim as 

43236 against all other Indians an exclusive right to the folio wing- 

43237 described country as their lands and hunting grounds within 

43238 the territory of the United States of America, being bounded 

43239 and described as follows, to wit : 

43240 "Beginning on the 37th degree of north latitude, at the 

43241 eastern base of the Sierra Mad-re Mountain; running thence 

43242 northerly with the base of the Eocky Mountains to the forty - 

43243 first parallel of north latitude; thence west with the line of 

43244 said forty-first parallel of north latitude to its intersection witli 

43245 the summit of the Snowy range, northwest of the North Park; 

43246 thence with the summit of the Snowy range southerly to the 

43247 Rabbit-Ear Mountains; thence southerly with the summit of 

43248 said Rabbit-Ear range of mountains, west of the Middle Park, 

43249 to the Grand River; thence with the said Grand River to its 



971 



43250 confluence with the Gunnison River; thence with the said 

43251 Gunnison Eiver to the mouth of the Uncompahgre River ; thence 

43252 with the said Uncompahgre Eiver to its source in the summit of 

43253 the Snowy range, opposite the source of the Bio Grande del 

43254 Norte; thence in a right line south to the summit of the Sierra 

43255 La Plata range of mountains, dividing the waters of the San 
4325G Juan Eiver from those of the Eio Grande del Norte; thence 

43257 Avith the summit of said range southeasterly to the thirty-seventh 

43258 parallel of north latitude; thence with the line of said parallel 

43259 of latitude to the place of beginning : " 

432G0 The President of the United States of America, by John 

43261 Evans, governor of Colorado Territory, and ex-officio superintend- 

43262 ent of Indian affairs for the same, Michael Stock, superintend- 

43263 ent of Indian affairs for the Territory of New Mexico, Simeon 

43264 AVhiteley and Lafayette Head, Indian agents, duly authorized 

43265 and appointed as commissioners for the purpose, of the one part, 

43266 and the undersigned chiefs and warriors of the Tabeguache band 

43267 of Utah Indians, of the other part, have made and entered into 

43268 the following treaty, which, when ratified by the President of 

43269 the United States, by and with the advice and consent of the 

43270 Senate, shall be binding on both parties, to wit : 

43271 Article 1. It is admitted by the Tabeguache band of Utah 

43272 Indians that they reside within the territorial limits of the United 

43273 States, acknowledging tjieir supremacy, and claim their protec- 

43274 tion. The said band also admits the right of the United States 

43275 to regulate all trade and intercourse with them. 

43276 Article 2. Said Tabeguache band of Utah Indians hereby 

43277 cede, convey, and relinquish all of their claims, right, title, and 

43278 interest in and to any and all lands within the territory of the 

43279 United States, wherever situated, excepting that which is in- 

43280 eluded within the following boundaries, which are hereby re- 

43281 served as their hunting-grounds, viz : 

43282 Beginning at the mouth of the Uncompahgre Eiver, thence 

43283 down Gunnison Eiver to its confluence with the Bunkara River, 
432.84 thence up the Bunkara Eiver to the Roaring Fork of the same. 

43285 thence up the Roaring Fork to its source, thence along the sum- 

43286 in it of the range dividing the waters of the Arkansas from those 

43287 of the Gunnison Eiver to its intersection with the range dividing 

43288 the waters of the San Luis Valley from those of the Gunnison's 

43289 Fork of the Great Colorado Eiver, thence along the summit of 

43290 said range to the source of the Uncompahgre Eiver, thence from 

43291 said source and down the main channel of said Uncompahgre 

43292 Eiver to its mouth, the place of beginning. Nothing contained in 

43293 this treaty shall be construed or taken to admit on the part of the 

43294 United States any other or greater title or interest in the hauls above 

43295 excepted and reserved in said tribe or band of Indians than existed 



43296 in them upon the acquisition of said Territory from Mexico by the 

43297 Jaws thereof. 

43298 Article 3. And it is further agreed that the United States 

43299 shall have the right to establish one or more, military posts, with 

43300 their needful reservations, upon the lauds and huu ting-grounds 

43301 not ceded by the Tabegnache band in this treaty ; also the right 

43302 to locate, construct, and maintain railroads and other roads 

43303 and highways, through the same, and along the routes of United 

43304 States mail-lines, at suitable points, to establish and maiutaiu 

43305 stations. 

43306 Any citizen of the United States may mine, without iuter- 

43307 ference or molestation, in any part of the country hereby re- 

43308 served to said Indians where gold or other metals or minerals 

43309 may be found. 

43310 Article 4. And the said Tabeguache band hereby gives 

43311 its consent that the Mohuache band of Utah Indians may also 

43312 be settled with them upon the lands and huntiug-grounds re- 

43313 served in this treaty. 

43314 Article 5. And the said Tabeguache band farther agrees 

43315 to give safe-conduct to all persons who may be legally authorized 

43316 by the United States to pass through their reservation, and to 

43317 protect, in their persons and property, all agents or other per- 

43318 sons sent by the United States to reside temporarily among 

43319 them. 

43320 Article 6. That tbe friendship which "£j&m established 

43321 between the United States and the Tabeguacne band of Utah 

43322 Indians should not be interrupted by the misconduct of indivi- 

43323 duals, it is hereby agreed that for injuries done no private 

43324 revenge or retaliation shall take place, but, instead thereof, 

43325 complaint shall be made by the party injured to the superin- 

43326 tendent or agent of Indian affairs, or other person appointed by 

43327 the President. And it shall be the duty of the chiefs of said 

43328 Tabeguache band, upon complaint being made as aforesaid, to 

43329 deliver up the person or persons against whom the complaiut is 

43330 made, to the end that he or they may be punished agreeably to 

43331 the laws of the United States. And in like manner, if any rob- 

43332 bery, violence, or murder shall be committed on any Indian or 

43333 Indians belonging to said band, the person or persons sooffend- 

43334 ing shall be tried, and, if found guilty, shall be punished in like 

43335 manner as if the injury had been done to a white man. And it 

43336 is agreed that the chiefs of said Tabeguache baud shall, to tbe 

43337 utmost of their power, exert themselves to recover horses or 

43338 other property which may be stolen or taken from any citizen 

43339 or citizens or white residents of the United States by any in- 

43340 dividual or individuals of said band; and the property so recov- 

43341 ered shall be forthwith delivered to the agents or other persons 



973 



43342 authorized to receive it, that it may be restored to the proper 

43343 owner. And for such property as any Indian or Indians belong- 
43341 ing to said baud may have taken from citizens or white residents 

43345 of the United States which cannot be restored, payment shall 

43346 be reserved from the annuities which the said band is to receive, 

43347 upon sufficient proof of the fact. And the United States hereby 

43348 guarantee to any Indian or Indians of said band a full indemni- 

43349 fication for any horses or other property which may be stolen 

43350 from them by any of their citizens or white residents : Provided, 

43351 That the property so stolen cannot be recovered, and that suffi- 

43352 cient proof is produced that it was actually stolen by a citizen 

43353 or white resident of the United States. And the said Tabe- 

43354 guache band engages, on the requisition or demand of the Prcs- 

43355 ident of the United States, or of the agents, to deliver up any 
4335G white man resident among them. 

43357 Article 7. And the chiefs and warriors as aforesaid 

43358 promise and engage their band will never, by sale, exchange, or 

43359 as presents, supply any nation or tribe of Indians not in amity 

43360 with the United States with guns, ammunition, or other iinple- 

43361 ments of war. 

43362 Article 8. For the period of ten years the said baud shall 

43363 receive annually, by such distribution as the Secretary of the 

43364 Interior may direct, ten thousand dollars' worth of goods, and 

43365 also ten thousand dollars' worth of provisions. 

43363 Article 9. For the purpose of improving their breed of 

43367 horses, the band shall receive five American stallions the first 

43368 year after the ratification of this treaty. 

43369 Article 10. That in case the chiefs of said band shall 

43370 announce to the agent a willingness and determination on their 

43371 part, and on the part of their people, to begin and follow agricul- 

43372 tural or pastoral pursuits by farming or raising stock, and grow- 

43373 ing wool upon such lands to be selected and set apart within 

43374 said reservation, and according to such regulations as the ISecre- 

43375 tary of the Interior may prescribe, they shall receive the follow - 

43376 ing donations of stock to aid them in their endeavor to gain a 

43377 livelihood by such new pursuits, viz: 

43378 Of cattle, not exceeding one hundred and fifty head au- 

43379 nually during five years, beginning with the ratification of this 

43380 treaty. 

43381 Of sheep, not exceeding one thousand head annually during 

43382 the first two years after the ratification of this treaty, and five 

43383 huudred head annually during the three years thereafter. 

43384 The Secretary of the Interior may also direct that their 

43385 share of annuity goods and provisions shall be of a character 

43386 suited to such change of life: Provided, however^ That such 

43387 stock shall only be donated as long as such chiefs shall, in good 



974 



43388 faith, keep and use the same for the purpose indicated in this 

43389 article, and provided that the amount expended under this arti- 

43390 cle shall not exceed ten thousand dollars annually. 

43391 All the Indians of said band who may adopt and conform 

43392 to the provisions of this article shall be protected in the quiet 

43393 and peaceable possession of their said lands and property. 

43394 The Government also agrees to establish and maintain a 

43395 blacksmith-shop, and employ a competent blacksmith for the 

43396 purpose of repairing the guns and agricultural implements 

43397 which may be used by said band of Indians. 

43398 Proclaimed December 14, 1804. 

43399 UMPQUAS— COW CREEK BASD. 

43400 Franklin Pierce, President of the United States of 

43401 America, to all and singular to whom these presents shall come 

43402 greeting: 

43403 Whereas a treaty was made and concluded on the nine- 

43404 teenth day of September, eighteen hundred and fifty-three, on 

43405 Crow Creek, Uinpqua Valley, in the Territory of Oregon, by and 

43406 between Joel Palmer, superintendent of Indian affairs, on the 

43407 part of the United States, and Quin-ti-oo-san, or Bighead, 

43408 principal chief, and My-n-e-letta, or Jackson, and Tom, son of 

43409 Quin-ti-oo-san, subordinate chiefs, on the part of the Cow Creek 

43410 band of Umpqua tribe of Indians, thereto duly authorized by 

43411 said tribe, which treaty is in the words and figures following, to 

43412 wit: 

43413 Stipulations of a treaty made and entered into on Cow Creek, 

43414 Umpqua Valley, in the Territory of Oregon, this 19th day 

43415 of September, A. D. 1853, by and between Joel Palmer, 
4341G superintendent of Indian affairs, on the part of the United 
43417 States, and Quin-ti-oo-san, or Bighead, principal chief, and 
43448 My-n-e-letta, or Jackson, and Tom, son of Quin-ti-oo-san, 

43419 subordinate chiefs, on the part of the Cow Creek band of 

43420 Umpqua tribe of Indians. 

43421 Article 1. The Cow Creek band of Indians do hereby 

43422 cede and relinquish, for the consideration hereinafter specified, 

43423 to the United States, all their right, title, interest, and claim to 

43424 all the lands lying in that part of the Territory of Oregon 

43425 bounded by lines designated as follows, to wit: 

4342G Commencing on the north bank of the south fork of 

43427 Umpqua Biver, at the termination of the high-lands dividing the 

43428 waters of Myrtle Creek from those of Day's Creek; thence 

43429 running easterly along the summit of said range to the head- 

43430 waters of Day's Creek; thence southerly, crossing the Umpqua 



975 



43431 Eiver to the headwaters of Cow Creek ; thence to the dividing 

43432 ridge between Cow Creek and Grave ('reek ; thence southwest- 

43433 erly along the said divide to its junction with the ridge dividing 

43434 the waters of Cow Creek from those of Rogue River \ thence 

43435 westerly and northerly around on said ridge to its con nee! ion 
43430 with the spur terminating opposite the mouth of Myrl le Creeli ; 

43437 thence aloug said spur to a point on the same northwest of the 

43438 eastern line of Isaac B ally's land-claim; thence southeast to 

43439 Urupqua River ; thence up said river to place of beginning. 

43440 Article 2. It is agreed on the part of the United States 

43441 that the aforesaid tribe shall be allowed to occupy, temporarily, 

43442 that portion of the above-described tract of territory bounded 

43443 as follows, to wit : Commencing on the south side of Cow Creek, 

43444 at the mouth of Council Creek, opposite Win. II. Riddle's land 

43445 claim, thence up said creek to the summit of Canon Mountain, 

43446 thence westerly along said summit two miles, thence northerly 

43447 to Cow Creek, at a point on the same one mile above the falls ; 

43448 thence down said creek to place of beginning. It being under- 

43449 stood that this last-described tract of land shall be deemed and con- 

43450 sidered an Indian reserve until a suitable selection shall be 

43451 made by the direction of the President of the United States for 

43452 their permanent residence, and buildings erected thereon and 

43453 other improvements made of equal value of those upon the 

43454 above reserve at the time of removal. 

43455 Article 3. For and in consideration of the cession and re- 

43456 linquishment contained in article first, the United States agree 

43457 to pay to the aforesaid band of Indians the sum of twelve thou- 

43458 sand dollars, in manner to wit: one thousand dollars to be ex- 

43459 pended in the purchase of twenty blankets, eighteen pairs pants. 

43460 eighteen pairs shoes, eighteen hickory shirts, eighteen hats or 

43461 caps, three coats, three vests, three pairs socks, three neckhand- 

43462 kerchiefs, forty cotton flags, one hundred and twenty yards 

43463 prints, one hundred yards domestic, one gross buttons, two lbs. 

43464 thread, ten papers needles, and such other goods and provisions 

43465 as may be deemed by the superintendent or agent most condu- 

43466 cive to the comfort and necessities of said Indians, 011 or be l ore 

43467 the first day of October, A. D. 1854. The remaining eleven 

43468 thousand dollars to be paid in twenty equal animal instalments 

43469 of five hundred and fifty dollars each, commencing on or about 

43470 the first day of October, 1854, in blankets, clothing, provisions, 

43471 stock, farming-implements, or such other articles and in such 

43472 manner as the President of the United States may deem best 

43473 for the interests of said tribe. 

43474 Article 4. In addition to the aforesaid twelve thousand 

43475 dollars there shall be erected for the use of said tribe, at the 

43476 expense of the United States, two dwelling-houses, the cost of 



976 



43477 which shall not exceed two hundred dollars each, and a field of 

4347S five acres fenced and ploughed, and suitable seed furnished for 

43479 planting the same. 

43480 Article 5. The said band of Indians agree to give safe 

43481 conduct to all persons passing through their reserve, and to pro- 

43482 tect in their person and property all agents or other persons sent 

43483 by authority of the United States to reside among them. 

43484 Article G. That the friendship which is now established 

43485 between the United States and the Cow Creek band of Indians 
43480 shall not be interrupted by the misconduct of individuals, it is 

43487 hereby agreed that, for injuries done, no private revenge or re- 

43488 taliation shall take place ; but instead thereof complaint shall be 

43489 made by the party injured to the Indian agent; and it shall be 

43490 the duty of the chiefs of said band of Indians, upon complaint 

43491 being made as aforesaid, to deliver up the person against whom 

43492 the complaint is made, to the end that he may be punished agree- 

43493 ably to the laws of the United States ; and in like manner if any 

43494 violation, robbery, or murder shall be committed on any Indian 

43495 belonging to said band, the person so offending shall be tried, 
4349G and, if found guilty, shall be punished according to the laws of 

43497 the United States. And it is farther agreed that the chiefs 

43498 shall, to the utmost of their ability, exert themselves to recover 

43499 horses or other property which has or may hereafter be stolen 

43500 from any citizen of the United States by any individual of said 

43501 tribe, and deliver the same to the agent or other person author- 

43502 ized to receive it; and the United States hereby guarantee to 

43503 any Indian or Indians of said bund a fall indemnification for any 

43504 horses or other property which may be stolen or taken from 

43505 them by any citizen of the United States, provided the property 
4350G stolen cannot be recovered, and that sufficient proof is produced 

43507 that it was actually stolen or taken by a citizen of the U. S. 

43508 And the chiefs farther agree that upon the requisition of the 

43509 President of the U. S., superintendent of Indian affairs, or In- 

43510 clian agent, to deliver up any person resident among them. 

43511 Article 7. It is agreed between the United States and 

43512 the Cow Creek baud of the Umpqua tribe of Indians that, 

43513 should it at any time hereafter be considered by the United 

43514 States as a proper policy to establish forms among and for the 

43515 benefit of said Indians, it shall be discretionary with the Pres- 
4351G ident, by and with the advice and consent of the Senate, to 

43517 change the annuities herein provided for, or any part thereof, 

43518 into a fund for that purpose. 

43519 Article 8. This treaty shall take effect and be cbliga- 

43520 tory on the contracting parties as soon as the same shall be 

43521 ratified by the President of the United States, by and with the 

43522 advice and consent of the Senate. 

43523 Proclaimed February 5, 1855. 



977 



43524 UMPQUAS AND 0 AL APOOIAS. m 

43525 Franklin Pierce, President of the United Stales of America, 

43526 to all and singular to whom these presents shall come, 

43527 greeting: 

43528 Whereas a treaty was made and concluded at Calapooia Greek , 

43529 Douglas County, Oregon Territory, on the twenty-ninth day of 

43530 November, one thousand eight hundred and fifty-four, by Joel 

43531 Palmer, superintendent of Indian affairs, on the part of the 

43532 United States, and the following-named chiefs and heads of 

43533 confederated bands of the Umpqua tribe of Indians and of the 

43534 Calapooias residing in Umpqua Valley, to wit: Napesa, or Louis, 

43535 head chief; Peter, or Injice ; Tas-yah, or General Jackson; 

43536 Bogus; Nessick; Et-na-ma, or William ; Cheeu-len-ten, or George; 

43537 Nas-yah, or John ; Absaquil, or Chenook ; Jo, and Tom; they 

43538 being assembled in council with their respective bands, which 

43539 treaty is in the words following, to wit: 

43540 Articles of agreement and convention made and concluded at 

43541 Calapooia Greek, Douglas County, Oregon Territory, this 

43542 twenty-ninth day of November, one thousand eight hundred 

43543 and fifty-four, by Joel Palmer, superintendent of Indian 

43544 affairs, on the part of the United States, and the folio win g- 

43545 named chiefs and heads of the confederated bands of the 

43546 Umpqua tribe of Indians, and of the Calapooias residing in 

43547 Umpqua Yalley, to wit: Napesa, or Louis, head chief; Peter, 

43548 or Injice; Tas-yah, or General Jackson; Bogus; Nessick ; 

43549 Et-na-ma, or William; Ckeen-len-ten, or George; Nas-yah, 

43550 or John; Absaquil, or Chenook; Jo, and Tom ; they being 

43551 assembled in council, with their respective bands. 

43552 Article 1. The confederated bands of Umpqua and Cala- 
13553 pooia Indians cede to the United States all their country included 

43554 within the following limits, to wit: Commencing at the northwest 

43555 corner of the country purchased of the Galeese Creek and Illinoi s 

43556 River Indians on the 18th clay of November, 1854, and running 

43557 thence east to the boundary of the Cow Creek purchase ; thence 

43558 northerly along said boundary to its northeastern extremity : 

43559 thence east to the main ridge of the Cascade Mountains ; thence 

43560 northerly to the main falls of the North Umpqua River; thence 

43561 to Scott's Peak, bearing easterly from the head-waters of Oala- 

43562 pooia Creek ; thence northerly to the connection of the Calapooia 

43563 Mountains with the Cascade range ; thence westerly along the 

43564 summit of the Calapooia Mountains to a point whence a due 

43565 south line would cross Umpqua River at the head of tide- water ; 

43566 thence on that line to the dividing ridge between the waters of 

43567 Umpqua and Coose Rivers; thence along that ridge, and the 

*123 I T 



978 



43568 divide between Coquille and Uinpqua Elvers, to the western 

43569 boundary of the country purchased of the Galeese Creek Indians, 

43570 or of the Cow Creek Indians, as the case may be, and thence to 

43571 the place of beginning : Provided, however* That so much of the 

43572 lands as are embraced within the following limits shall be held 

43573 by said confederated bands, and such other bands as may be 

43574 designated to reside thereupon, as an Indian reservation, to 

43575 wit : Commencing at a point three miles due south of the mouth 

43576 of a small creek emptying into the Uinpqua Eiver, near the 

43577 western boundary of John Church ell's land-claim, at the lower 

43578 end of Cole's Yalley y thence north to the middle of the channel 

43579 of Uinpqua Eiver ; thence up said river to a point due south of 

43580 the highest peak of the ridge, immediately west of Allan Hub' 

43581 bard's land-claim ; thence to said peak ; thence along the summit 

43582 of the ridge dividing the waters to its termination at or near 

43583 the mouth of Little Canyon Creek; thence, crossing the Uinpqua 

43584 Eiver in a westerly direction, to the high-lands opposite the 

43585 mouth of said creek,- thence following the divide until it reaches 

43586 a point whence a line drawn to the place of beginning will run 

43587 three miles south of the extreme southern bend in the Uinpqua 
435S8 Eiver between these two points; and thence to the place of 

43589 beginning. And should the President at any time believe it 

43590 demanded by the public good and promotive of the best interests 

43591 of said Indians to be located elsewhere, the said Indians agree 

43592 peaceably, and without additional expense to the Government 

43593 of the United States, to remove to such reserve as may be 

43594 selected ; provided that a delegation of three or more of the 

43595 principal men of said bands selected by them shall concur with 

43596 the authorized agent or agents of the United States in the selec- 

43597 tion of said new reserve. And when said removal shall take 

43598 place, the particular tracts then occupied by said Indians, on the 

43599 reserve herein described, according to the -provisions of this 

43600 treaty, and those occupied by Indians of other bands that may 

43601 be located thereon, shall be sold by order of the President of the 

43602 United States, and the proceeds of such sales expended in per- 

43603 manent improvements on the new reserve, for the use and bene- 

43604 fit of the holders of said tracts respectively. 

43605 Article 2. The confederated bands agree that as soon 

43606 after the United States shall make the necessary provision for 

43607 fulfilling the stipulations of this treaty as they conveniently can, 

43608 and not to exceed one year after such inxmsion is made, they 

43609 will vacate the ceded territory and remove to the lands herein 

43610 reserved for them. 

43611 Article 3. In consideration of and payment for the coun- 

43612 try herein ceded, the United States agree to pay the said con- 

43613 federated bands the several sums' of money following, to wit : 



979 



43614 First, three thousand dollars per annum for the term of five 

43615 years, commencing on the first day of September, 1855. Second, 

43616 two thousand three hundred dollars per annum for the term of 

43617 five years next succeeding the first five. Third, one thousand 

43618 seven hundred dollars per annum for the term of five years next 

43619 succeeding the second five years. Fourth, one thousand dollars 

43620 per annum for the term of five years next succeeding the third five 

43621 years. All of which several sums of money shall be expended for 

43622 the use and benefit of the confederated bands, under the direc- 

43623 tionof the President of the United States, who may from time 

43624 to time, at his discretion, determine what proportion shall be 

43625 expended for such beneficial objects as in his judgment will be 

43626 calculated to advance them in civilization; for their moral iui- 

43627 provement and education ; for buildings, opening farms, fenc- 

43628 ing, breaking land, providing stock, agricultural implements, 

43629 seeds, &c; for clothing, provisions, and merchandise; for iron, 

43630 steel, arms, and ammunition ; for mechanics and tools, and for 

43631 medical purposes. 

43632 Article 4. In order to enable the said Indians to remove 

43633 to their new home, and subsist themselves for one year there- 

43634 after, (and which they agree to do without further expense to 

43635 the United States,) and to provide for the breaking up and 

43636 fencing of fifty acres of land, and the erection of buildings on 

43637 the reserve, the purchase of teams, farming-utensils, tools, &c, 

43638 and for other purposes necessary to their comfort and subsist- 

43639 ence, they shall receive from the United States the further sum 

43640 of ten thousand dollars, to be paid out and expended under the 

43641 direction of the President, and in such manner as he shall 

43642 approve. 

43643 Article 5. The President may from time to time, at his 

43644 discretion, cause the whole or such portion of the' land hereby 

43645 reserved as he may think proper, or of such other land as may 

43646 be selected in lieu thereof, as provided for in the first article, to 

43647 be surveyed into lots, and assigned to such Indian or Indians of 

43648 said confederated bands as are willing to avail themselves of 

43649 the privilege, and who will locate thereon as a permanent home, 

43650 if a single person over twenty-one years of age, twenty acres ; 

43651 to each family of two persons, forty acres; to each family of 

43652 three and not exceeding five persons, sixty acres; to each family 

43653 of six and not exceeding ten persons, eighty acres ; and to each 

43654 family over ten in number, forty acres for each additional five 

43655 members. And the President may provide such rules and regu- 

43656 lations as will secure to the family, in case of the death of the 

43657 head thereof, the possession and enjoyment of such permanent 

43658 home and the improvements thereon ; and he may at any time, 

43659 at his discretion, after such person or family has made location 



980 



486G0 on the land assigned for a permanent Lome, issue a patent to 

43661 such person or family for such assigned land, conditioned that 

43662 the tract shall not be aliened or leased for a longer term than 

43663 two years, and shall be exempt from levy, sale, or forfeiture, 

43664 which conditions shall continue in force until a State coustitu- 

43665 tion, embracing such land within its boundaries, shall have been 

43666 formed, and the legislature of the State shall remove the restric- 

43667 tions. And if any such family shall at any time neglect or re- 

43668 fuse to occupy or till a portion of the land assigned, and on 

43669 which they have located, or shall rove from place to place, the 

43670 President may, if the patent shall have been issued, revoke the 

43671 same, or, if not issued, cancel the assignment, and may also 

43672 withhold from such person or family their proportion of the an- 

43673 unities or other moneys due them until they shall have returned 

43674 to such permanent home, and resume the persuits of industry J 

43675 and in default of their return, the tract may be declared aban- 

43676 doned and thereafter assigned to some other person or family 

43677 of the Indians residing on the reserve. No State legislature 

43678 shall remove the restrictions herein provided for, without the 

43679 consent of Congress. 

43680 Article 6. The United States agree to erect for said In- 

43681 dians a good blacksmith-shop, furnish it with tools, and keep it 

43682 in repair for ten years, and provide a competent blacksmith for 

43683 the same period ; to erect suitable buildings for a hospital, 

43684 supply medicines, and provide an experienced physician for fifteen 

43685 years ; to provide a competent farmer to instruct the Indians in 

43686 agriculture for ten years; and to erect a school-house, and pro- 

43687 vide books, stationery, and a properly qualified teacher for 

43688 twenty years. 

43689 Article 7. The annuities of the Indians shall not be taken 

43690 to pay the debts of individuals. 

43691 Article 8. The said confederated bands acknowledge their 
43592 dependence on the Government of the United States, and promise 

43693 to be friendly with all the citizens thereof, and pledge themselves 

43694 to commit no depredations on the property of such citizens. 

43695 And should any one or more of the Indians violate this pledge, 

43696 and the fact be satisfactorily proven before the agent, the prop- 

43697 erty taken shall be returned, or in default thereof, or if injured 

43698 or destroyed, compensation may be made by the Government 

43699 out of their annuities. Nor will they make war on any other tribe, 

43700 except in self-defence, but will submit all matters of difference 

43701 between them and other Indians to the Government of the 

43702 United States or its agent for decision, and abide thereby. And 

43703 if any of the said Indians commit any depredations on any other 

43704 Indians, the same rule shall prevail as that prescribed in this 

43705 article in case of any depredations against citizens. Said In- 



981 



43706 dians further engage to submit to and observe all laws, rules, 

43707 and regulations which may be prescribed by the United States 

43708 for the government of said Indians. 

43700 Article 9. It is hereby provided, in order to prevent the 

43710 evils of intemperance among said I ndians, that any one of them 

43711 who shall be guilty of bringing liquor into their reserve, or shall 

43712 drink liquor, may have his or her proportion of the annuities 

43713 withheld from him on her for such time as the President may 

43714 determine. 

43715 Article 10. The said confederate bands agree that all the 

43716 necessary roads, highways, and railroads which may be con- 

43717 structed as the country improves, the lines of which may i nn 

43718 through the reservation of said Indians, shall have the right of 

43719 way therein, a just compensation being made therefor. 

43720 Article 11. The merchandise distributed to the members 

43721 of the said confederate bauds at the negotiation of this treaty 

43722 shall be considered as in part payment of the annuities herein 

43723 provided 

43724 Article 12. This treaty shall be obligatory on the con- 

43725 tracting parties as soon as the same shall be ratified by the 

43726 President and Senate of the United States. 

43727 Proclaimed March 30, 1855. 



43728 UTES. 

43729 Treaty between the United States of America and the TabeguacJte, 

43730 Muache, Capote, Weemimiche, Tampa, Grand River, and Cm- 

43731 tali bands of Ute Indians, concluded March 2, 1S6S ; ratifica- 

43732 Hon advised, with amendment, July 25, 1868; amendment ac- 

43733 cepted August 15, September 1, 14, 24, and 25, 1868. 

43734 Andrew Johnson, President of the United States of America, 

43735 to all and singular to whom these presents shall come, greet 

43736 ing: 

43737 Whereas a treaty was made and concluded at the city of 

43738 Washiugton, in the District of Columbia, on the second day of 

43739 March, in the year of our Lord one thousand eight hundred 

43740 and sixty-eight, by and between Nathaniel G. Taylor, Alexan- 

43741 tier C. Hunt, and Kit Carson, commissioners on the part of the 

43742 United States, and U-re, Ka-ni-ache, An-ka-tosh, Jose-Maria, 

43743 Ni-ca-a-gat, Guero, Pa ant, Pi-ah, Su-vi-ap, and Pa-bu-sat. rep- 

43744 resentatives of the Tabeguache, Muaehe, Capote, Weeminuclie, 

43745 Yampa, Grand Eiver, and Uintah bands of Ute Indians, on the 



982 



43746 part of said Indians, and duly authorized thereto by them. 

43747 which treaty is in the words and figures following, to wit : 

43748 Articles of a treaty and agreement made and entered into at 

43749 Washington City, D. C, on the second day of March, one 

43750 thousand eight hundred and sixty-eight, by and between 

43751 Xathaniel G. Taylor, Commissioner of Indian Affairs, Alex. 

43752 ander C. Hunt, governor of Colorado Territory and ex-offi- 

43753 cio superintendent of Iudian affairs, and Kit Carson, duly 

43754 authorized to represent the United States, of the one part, 

43755 and the representatives of the Tabagnache, Maaehe, Ca. 
4375G pote, Weeminuche, Tampa, Grand River, and Uintah bands 

43757 of Ute Indians, (whose names are hereto subscribed.) duly 

43758 authorized and empowered to act for the body of the people 

43759 of said bands, of the other part, witness : 

437G0 Article 1. All the provisions of the treaty concluded with 

437G1 the Tabe^nache band of Utah Indians October seventh, one 

43762 thousand eight hundred and sixty^ three, as amended by the 

43763 Senate of the United States and proclaimed December four- 

43764 teenth, one thousand eight hundred and sixty-four, which are 

43765 not inconsistent with the provisions of this treaty as hereinafter 

43766 provided, are hereby re-affirmed and declared to be applicable 

43767 and to continue in force as well to the other bands respectively, 

43768 parties to this treaty, as to the Tabe^uache band of Utah In- 

43769 dians. 

43770 Article 2. The United States agree that the following dis- 

43771 trict of country, to wit : Commencing at that point on the south- 

43772 era boundary-line of the Territory of Colorado where the meri- 

43773 dian of longitude 107° west from Greenwich crosses the same; 

43774 running thence north with said meridian to a point fifteen miles 

43775 due north of where said meridian intersects the fortieth parallel 

43776 of north latitude; thence due west to the western boundary - 

43777 line of said Territory; thence south with said western bound- 

43778 ary-line of said Territory to the southern boundary -line of 

43779 said Territory; thence east with said southern boundary -line 

43780 to the place of beginning, shall be, and the same is hereby, set 

43781 apart for the absolute and undisturbed use and occupation of 

43782 the Indians herein named, and for such other friendly tribes or 

43783 individual Indians as, from time to time, they may be willing, 

43784 with the consent of the United States, to admit among them; 

43785 and the United States now solemnly agree that no persons, ex- 

43786 cept those herein authorized so to do, and except such officers, 

43787 agents, and employes of the Government as may be authorized 

43788 to enter upon Indian reservations in discharge of duties enjoined 

43789 by law, shall ever be permitted to pass over, settle upon, or re- 

43790 side in the Territory described in this article, except as herein 

43791 otherwise provided. 



<J83 



43792 Article 3. It is further agreed by the Indians, parties 

43793 hereto, that henceforth they will and do hereby relinquish all 

43794 claims and rights in and to any portion of the United States or 

43795 Territories, except such as are embraced in the limits defined in 

43796 the preceding article. 

43797 Article 4. The United States agree to establish two 

43798 agencies on the reservation provided for in article two, one for 

43799 the Grand Eiver, Yampa, and Uintah bands, on AVhite River, 

43800 and the other for the Tabe^uache, Muaclie, Weeminuche, and 

43801 Capote bands, on the Eio de los Pinos, on the reservation, and at 

43802 its own proper expense to construct at each of said agencies a 

43803 warehouse, or store-room, for the use of the agent in storing 

43804 goods belonging to the Indians, to cost not exceeding fifteen 

43805 hundred dollars; an agency-building for the residence of the 
43906 agent, to cost not exceeding three thousand dollars; and four 

43807 other buildings for a carpenter, farmer, blacksmith, and miiler- 

43808 each to cost not exceeding two thousand dollars; also a school, 

43809 house or mission-building, so soon as a sufficient number of 

43810 children can be induced by the agent to attend school, which 
■ 43S11 shall not cost exceeding five thousand dollars. 

43812 The United States agree further to cause to be erected on 

43813 said reservation, and near to each agency herein authorized, 

43814 respectively, a good water-power saw-mill, with a grist-mill and 

43815 a shingle-machine attached, the same to cost not exceeding eight 

43816 thousand dollars each ; Provided, The same shall not be erected 

43817 until such time as the Secretary of the Interior may think it 

43818 necessary to the wants of the Indians. 

43819 Article 5. The United States agree that the agents for 

43820 said Indians, in the future, shall make their homes at the agency- 

43821 buildings; that they shall reside among the Indians and keep 

43822 an office open at all times for tbe purpose of prompt and diligent 

43823 inquiry into such matters of complaint by and against the In- 

43824 dians as may be presented for investigation under the provis- 

43825 ions of their treaty stipulations, as also for the faithful discharge 

43826 of other duties enjoined on them by law. In all cases of depre- 

43827 dation on person or property they shall cause the evidence to 

43828 be taken in writing and forwarded, together with their finding, 

43829 to the Commissioner of Indian Affairs, whose decision, subject 

43830 to the revision of the Secretary of the Interior, shall be binding 

43831 on the parties to this treaty. 

43832 Article 6. If bad men among the whites or among other 

43833 people, subject to the authority of the Unitexl States, shall com- 

43834 mit any wrong upon the person or property of the Indians, the 

43835 United States will, upon proof made to the agent and forwarded 

43836 to the Commissioner of Indian Affairs at Washington City, pro- 

43837 ceed at once to cause the offender to be arrested and punished 



984 



43838 according to the laws of the United States, and also re-iinburse 

43839 the injured person for the loss sustained. If bad men among the 

43840 Indians shall commit a wrong or depredation upon the person or 

43841 property of any one, white, black, or Indian, subject to the au- 

43842 thority of the United States and at peace therewith, the tribes 

43843 herein named solemnly agree that they will, on proof made to 

43844 their agent and notice to him, deliver up the wrong-doer to the 

43845 United States, to be tried and punished according to its laws, 
43S46 and in case they wilfully refuse so to do, the person injured shall 

43847 be re-imbursed for his loss from the annuities or other moneys 

43848 due or to become due to them under this or other treaties made 

43849 with the United States. 

43850 Article 7. If any individual belonging to said tribe of In 

43851 dians or legally incorporated with them, being the head of a 

43852 family, shall desire to commence farming, he shall have the 

43853 privilege to select, in the presence and with the assistance of the 

43854 agent then in charge, by metes and bonds, a tract of land within 

43855 said reservation not exceeding one hundred and sixty acres in 
4385G extent, which tract, when so selected, certified, and recorded in 

43857 the land-book, as herein directed, shall cease to be held in com- 

43858 mon, but the same may be occupied and held in exclusive pos- 

43859 session of the person selecting it and his family so long as he or 

43860 they may continue to cultivate it. Any person over eighteen 

43861 years of age. not being the head of a family may, in like man- 

43882 ner, select and cause to be certified to him or her, for purposes 

43883 of cultivation, a quantity of land not exceeding eighty acres in 

43864 extent, and thereupon be entitled to the exclusive possession of 

43865 the same as above directed. 

43866 For each tract of land so selected a certificate containing a 

43867 description thereof, and the name of the person selecting it, 

43868 with a certificate endorsed thereon that the same has been re 

43869 corded, shall be delivered to the party entitled to it, by the 

43870 ageut, after the same shall have been recorded by him in a book 

43871 to be kept in his office, subject to inspection, which said book 

43872 shall be known as the u Ute Land-Book." 

43873 The President may at any time order a survey of the reser- 

43874 vation; and, when so surveyed, Congress shall provide for pro- 

43875 tecting the rights of such Indian settlers in their improvements, 

43876 and may fix the character of the title held by each. 

43877 The United States may pass such laws on the subject of 

43878 alienation and descent of property, and on all subjects con- 

43879 nected with the government of the Indians on said reservation 

43880 and the internal police thereof, as may be thought proper. 

43881 Article 8. In order to insure the civilization of the bands 

43852 entering into this treaty, the necessity of education is admitted, 

43853 especially by such of them as are or may be engaged in either 



985 



43884 pastoral, agricultural, or other peaceful pursuits of civilized life 
43S85 ou said reservation, and they therefore pledge fchemselve8 to 

43886 induce their children, male and female, between the age[s] of 

43887 seven and eighteen years, to attend school; and it is hereby made 

43888 the duty of the agent for said Indians to see that this stip- 

43889 illation is complied with to the greatest possible extent ; and 

43890 the United States agree that for every thirty children between 

43891 said ages who can be induced to attend school a house shall be 

43892 provided, and a teacher competent to teach the elementary 

43893 branches of an English education shall be furnished, who will 

43894 reside among said Indians, and faithfully discharge his or her 

43895 duties as teacher, the provisions of this article to continue for 

43896 not less than twenty years. 

43897 Article 9. When the head of a family or lodge shall have 

43898 selected lands, and received his certificate as above described, 

43899 and the agent shall be satisfied that he intends, in good faith, 

43900 to commence cultivating the soil for a living, he shall be enti- 

43901 tied to receive seeds and agricultural implements for the first 

43902 year, not exceeding in value one hundred dollars, and for each 

43903 succeeding year he shall continue to farm, for a period of three 

43904 years more, he shall be entitled to receive seeds and implements 

43905 as aforesaid, not exceeding in value fifty dollars ; and it is further 

43906 stipulated that such persons as commence farming shall receive 

43907 instructions from the farmer herein provided for ; and it is 
439 J8 further stipulated that an additional blacksmith to the one pro- 

43909 vided fcr in the treaty of October seventh, one thousand eight 

43910 hundred and sixty-three, referred to in article one of this treaty, 

43911 shall be provided with such iron, steel, and other material as 

43912 may be needed for the Uintah, Yampa, and Grand River 

43913 agency. 

43914 Article 10. At any time after ten years from the making 

43915 of this treaty, the United States shall have the privilege of with- 

43916 drawing the farmers, blacksmiths, carpenters, and millers herein, 

43917 and in the treaty of October seventh, one thousand eight hun- 

43918 dred and sixty-three, referred to in article one of this treaty. 

43919 provided for, but in case of such withdrawal, an additional sum 

43920 thereafter of ten thousand dollars per annum shall be devoted 

43921 to the education of said Iudians, and the Commissioner of In- 

43922 dian Affairs shall, upon careful inquiry into their condition, 
439 3 make such rules aud regulations, subject to the approval of the 

43924 Secretary of the Interior, for the expenditure of said sum as will 

43925 best promote the educational and moral improvement of said 

43926 Indians. 

43927 Article 11. That a sum sufficient, in the discretion of 

43928 Congress, for the absolute wants of said Indians, but not to 

43929 exceed thirty thousand dollars per annum, for thirty years, shall 

* 124 i t 



986 



43930 be expended, under the direction of the Secretary of the Interior, 

43931 for clothing, blankets, and such other articles of utility as he 

43932 may think proper and necessary upon full official reports of the 

43933 condition and wants of said Indians. 

43934 Article 12. That an additional sum sufficient, in the dis- 

43935 cretion of Congress, (but not to exceed thirty thousand dollars 

43936 per annum,) to supply the wants of said Indians for food, shall 

43937 be annually expended, under the direction of the Secretary of 

43938 the Interior, in supplying said Indians with beef, mutton, wheat, 

43939 flour, beans, and potatoes until such time as said Indians shall 

43940 be found to be capable of sustaining themselves. 

43941 Article 13. That for the purpose of inducing said Indians 

43942 to adopt habits of civilized life and become self-sustaining, the 

43943 sum of forty-five thousand dollars, for the first year, shall be 

43944 expended, under the direction of the Secretary of the Interior, 

43945 in providing each lodge or head of a family in said confederated 
43940 bands with one gentle American cow, as distinguished from 

43947 the ordinary Mexican or Texas breed, and five head of sheep. 

43948 Article 14. The said confederated bands agree that 

43949 whensoever, in the opinion of the President of the United 

43950 States, the public interest may require it, that all roads, high- 

43951 ways, and railroads, authorized by law, shall have the right of 

43952 way through the reservations herein designated. 

43953 Article 15. The United States hereby agree to furnish 

43954 the Indians the teachers, carpenters, millers, farmers, and 

43955 blacksmiths, as herein contemplated, and that such appropria- 

43956 tions shall be made from time to time, on the estimates of the 

43957 Secretary of the Interior, as will be sufficient to employ such 

43958 persons. 

43959 Article 16. No treaty for the cession of any portion or 
43980 part of the reservation herein described, which may be held in 

43961 common , shall be of any validity or force as against the said 

43962 Indians, unless executed and signed by at least three-fourths of 

43963 all the adult male Indians occupying or interested in the same ; 

43964 and no cession by the tribe shall be understood or construed in 

43965 such manner as to deprive, without his consent, any individual 

43966 member of the tribe of bis right to any tract of land selected 

43967 by him, as provided in article seven of this treaty. 

43968 Article 17. All appropriations now made, or to be here- 

43969 after made, as well as goods and stock due these Indians under 

43970 existing treaties, shall apply as it this treaty had not been made, 

43971 and be divided proportionately among the seven bands named 

43972 in this treaty, as also shall all annuities and allowances hereafter 

43973 to be made : Provided. Thatif any chief of either of the confederated 

43974 bands make war against the people of the United States, or in 

43975 any manner violate this treaty in any essential part, said chief 



987 



43976 shall forfeit his position as chief and all rights bo any of the 

43977 benefits of this treaty: But provided further, Any Indian of 

43978 either of these confederated bands who shall remain at peace, 

43979 and abide by the terms of this treaty in all its essentials, shall 

43980 be entitled to its benefits and provisions notwithstanding his 

43981 particular chief and band may have forfeited their rights 

43982 thereto. 

43983 Proclaimed November 6, 1868. 



43984 WALL A- WALL AS, CAYUSES, ETC. 

43985 Treaty betiveen the United States and the Walla- Wall a. Cayuses, 

43986 and Umatilla tribes and bands of Indians in Washington and 

43987 Oregon Territories, concluded at Camp Stevens, in the Walla- 

43988 Walla Valley, Washington Territory, June 9, 1855: ratified 

43989 by the Senate, March 8, 1859. 

43990 James Buchanan, President of the United States of America, 

43991 to all and singular to whom these presents shall come, greet- 

43992 ing : 

43993 Whereas a treaty was made and concluded at the treaty- 

43994 ground, Camp Stevens, in the Walla- Walla Yalley, on the ninth 

43995 day of June, one thousand eight hundred and fifty-five, between 

43996 Isaac I. Stevens, governor and superintendent of Indian affairs 

43997 for the Territory of Washington, and Joel Palmer, superintend- 

43998 ent of Indian affairs for Oregon Territory, on the part of the 

43999 United States, and the hereinafter-named, chiefs, head-men, and 

44000 delegates of the Walla- Walla, Cayuses, and Umatilla tribes and 

44001 bands of Indians occupying lands partly in Washington and 

44002 partly in Oregon Territory, they being duly authorized thereto 

44003 by said tribes and bands ; which treaty is in the following words 

44004 and figures, to wit : 

44005 Articles of agreement and convention made and concluded at 

44006 the treaty-ground, Camp Stevens, in the Walla-Walla Val 

44007 ley, this ninth day of June, in the year one thousand eight 

44008 hundred and fifty-five, by and between Isaac I. Stevens, 

44009 governor and superintendent of Indian affairs for the Ter- 

44010 ritory of Washington, and Joel Palmer, superintendent of 

44011 Indian affairs for Oregon Territory, on the part of the United 

44012 States, and the undersigned chiefs, head-men, and delegates 

44013 of the Walla- Wallas, Cayuses, and Umatilla tribes and 

44014 bands of Indians occupying lands partly in Washington and 

44015 partly in Oregon Territories, and who, for the purposes of 

44016 this treaty, are to be regarded as one nation acting for and 



988 



44017 in behalf of their respective bands and tribes, they being 

44018 duly authorized thereto; it being understood that Superin- 

44019 tendent I. I. Stevens assumes to treat with that portion of 
410:20 the above-named bands and tribes residing within the Ter- 

44021 riiory of Washington, and Superintendent Palmer with those 

44022 residing within Oregon. 

44023 Article 1. The abo ve-named confederated bands of Indians 

44024 cede to the United States all their right, title, and claim to all 

44025 and every part of the country claimed by them included in the 

44020 following boundaries, to wit: Commencing at the mouth of the 

44027 Tocannon River in Washington Territory, running thence up 

44028 said river to its source ; thence easterly along the summit of the 

44029 Blue Mountains, and on the southern boundaries of the pur- 

44030 chase made of the Nez Perees Indians, and easterly along that 

44031 boundary to the western limits of the country claimed by the 

44032 Shoshonees or Snake Indians; thence southerly along that 

44033 boundary (being the waters of Powder Eiver) to the source of 

44034 Powder Eiver; thence to the head- waters of Willow Creek; 

44035 thence down Willow Creek to the Columbia River; thence up 

44036 the channel of the Columbia River to the lower end of a large 

44037 island below the mouth of Umatilla River; thence northerly to 

44038 a point on the Yakama River called Tom ah hike ; thence to Le 

44039 Lac; thence to the White Banks on the Columbia below Priest's 

44040 Rapids; thence down the Columbia River to the junction of the 

44041 Columbia and Snake Rivers; thence up the Snake River to the 

44042 place of beginning: Provided, however, That so much of the country 

44043 described above as is contained in the followiug boundaries shall 

44044 be set apart as a residence for said Indians, which tract for the pur- 

44045 poses contemplated shall be held and regarded as an Indian re- 

44046 servation, to wit: Commencing in the middle of the channel of 

44047 Umatilla River opposite the mouth of Wil d Horse Creek ; thence 

44048 up the middle of the channel of said creek to its source; thence 

44049 southerly to a point in the Blue Mountains known as Lee's Encamp- 

44050 meut; thence in a line to the head-waters of How to me Creek; 

44051 thence west to the divide between How tome and Birch Creeks • 

44052 thence northerly along said divide to a point due west of the 

44053 southwest corner of William C. McKay's land-claim ; thence 

44054 east along his line to his southeast corner ; thence in a line to the 

44055 place of beginning; all of which tract shall be set apart and, so 

44056 far as necessary, surveyed and marked out for their exclusive 

44057 use ; nor shall any white person be permitted to reside upon the 

44058 same without permission of the agent and superintendent. The 

44059 said tribes and bands agree to remove to and settle upon the 
44080 same within one year aft er the ratification of this treaty, w 7 ith- 
44061 out any additional expense to the Government other than is pro- 
44082 vided by this treaty, and until the expiration of the time speci- 



989 



44063 fieri the said bands shall be permitted to occupy and reside upon 

44064 T;he tracts now possessed by them, guaranteeing to all citizen[s] 

44065 of the United States the right to enter upon and occupy us set 

44066 tiers any lands not actually enclosed by said Indians: Provided, 

44067 also, That th e exclusive right of taking fish in the streams run- 

44068 niug through and bordering said reservation is hereby secured 

44069 to said Indians, and at all other usual and accustomed stations in 

44070 common with citiz ens of the United States, and of erecting suit 

44071 able buildings for curing the same; the privilege of hunting. 

44072 gathering roots and berries, and pasturing their stock on un- 

44073 claimed lands in common with citizens is also secured to them : 

44074 And provided also, That if any band or bands of Indians resid- 

44075 ing in and claiming any portion or portions of the country de- 

44076 scribed in this article shall not accede to the terms of this treaty, 

44077 then the bauds becom ing parties hereunto agree to reserve such 

44078 part of the several and other payments herein named as a con- 

44079 sideratiou for the entire country described as aforesaid as shall 

44080 be in the proportion that their aggregate number may have to 

44081 the whole number of Indians residing in and claiming the entire 

44082 country aforesaid, as consideration and payment in full for the 

44083 tracts in said country claimed by them: And provided a I. so, 

44084 That when substantial improvements have been made by any 

44085 member of th e bands being parties to this treaty, who are 

44086 compelled to abandon them in consequence of said treaty, [they] 

44087 shall be valued under the direction of the President of the United 

44088 States and payment made therefor. 

44089 Article 2. In consideration of and payment for the coun- 

44090 try hereby ceded, the United States agree to pay the bands and 

44091 tribes of Indians claiming territory and residing in said couu- 

44092 try, and who remove to and reside upon said reservation, the 

44093 several sums of money following, to wit : eight thousand dollars 

44094 per annum for the term of five years, commencing on the first 
41095 day of September, 1856 ; six thousand dollars per annum for 

44096 the term of five years next succeeding the first five ; four thou- 

44097 sand dollars per annum for the term of five years next succeed- 

44098 ing the second five, and two thousand dollars per annum for 

44099 the term of five years next succeeding the third five : all of 

44100 which several sums of money shall be expended for the use 

44101 and benefit of the confederated bands herein named, under the 

44102 direction of the President of the United States, who may from 

44103 time to time, at his discretion, determine what proportion thereof 

44104 shall be expended for such objects as in his judgment will pr«o- 

44105 mote their well-being, and advance them in civilization, for their 

44106 moral improvement and education, for buildings, opening and 

44107 fencing farms, breaking laud, purchasing teams, wagons, agri- 

44108 cultural implements and seeds, for clothing, provision, and tools, 



990 



44109 for medical purposes, providing mechanics and farmers, and for 

44110 arms and ammunition. *• 

44111 Article 3. In addition to the articles advanced the In- 

44112 dians at the time of signing this treaty, the United States agree 

44113 to expend the sum of fifty thousaud dollars during the first and 

44114 second years after its ratification, for the erection of buildings 

44115 on the reservation, fencing and opening farms, for the purchase 

44116 of teams, farming implements, clothing, and provisions, for 

44117 medicines and tools, for the payment of employes, and for sub- 

44118 sistiug the Indians the first year after their removal. 

44119 Article 4. In addition to the consideration above speci- 

44120 fied, the United States agree to erect, at suitable points on the 

44121 reservation, one saw-mill and one fiouriug-mill, a building suita- 

44122 ble for a hospital, two school-houses, one blacksmith-shop, one 

44123 building for wagon and plough maker, and one carpenter and 

44124 joiner shop, one dwelling for each, two millers, one farmer, one 

44125 superintendent of farming operations, two school-teachers, one 

44126 blacksmith, one wagon and plough maker, one carpenter and 

44127 joiner, to each of which the necessary out- buildings ; to pur- 

44128 chase and keep in repair for the term of twenty years all neees- 

44129 sary mill fixtures and mechauical tools, medicines and hospital 

44130 stores, books and stationery for schools, and furniture for em- 

44131 ployes. The United States further engage to secure and pay for 

44132 the services and subsistence, for the term of twenty years, [of] one 

44133 superintendent of farming operations, one farmer, one black- 

44134 smith, one wagon and plough maker, one carpenter and joiner, 

44135 one physician, and two school-teachers. 

44136 Article 5. The United States further engage to build for 

44137 the head chiefs of the Walla- Walla, Caynse, and Umatilla bauds 

44138 each one dwelling-house, and to plough and fence ten acres of 

44139 land for each, and to pay to each five hundred dollars per an- 

44140 num in cash for the term of twenty years; the first payment 

44141 to the Walla- Walla chief to commence upon the signing of this 

44142 treaty. To give to the Walla- Walla chief three yoke of oxen, 

44143 three yokes and four chains, one wagon, two ploughs, twelve 

44144 hoes, twelve axes, two shovels, and one saddle and bridle, one 

44145 set of wagon-harness, and one set of plough-harness, within 

44146 three months after the signing of this treaty. To build for 

44147 the son of Pio-pio-mox-rnox one dwelling-house, and plough and 

44148 fence five acres of land, and to give him a salary for twenty 

44149 years, one hundred dollars in cash per annum, commencing 

44150 September first, eighteen hundred %nd fifty-six. The im- 

44151 provement named in this section to be completed as soon 

44152 after the ratification of this treaty as possible. It is further 

44153 stipulated that Pio-pio inox-mox is secured for the term of 

44154 five years the right to build and occupy a house at or near 



991 



44155 the month of Yakama River, to l)e used as a trading-post 

44156 in tbe sale of his bands of wild cattle ranging in that dis- 

44157 trict : And provided also, That in consequence of the immigrant 

44158 wagon-road from Grand Round to Umatilla passing through the 

44159 reservation herein specified, thus leading to turmoils and dis- 

44160 putes between Indians and immigrants, and as it is known that a 

44161 more desirable and practicable route may be had to the south of 

44162 the present road, that a sum not exceeding ten thousand dollars 

44163 shall be expended in locating and opening a wagon-road from 

44164 Powder River or Grand Round, so, as to reach the plain at the 

44165 w estern base of the Blue Mountains, south of the southern limits 

44166 of said reservation. 

44167 Article 6. The President may from time to time, at his 

44168 discretion, cause the whole, or such portion as he may think proper, 

44169 of the tract that may now or hereafter be set apart as a perma- 

44170 neut home for those Indians, to be surveyed into lots and as- 

44171 signed to such Indians of the confederated bands as may wish 

44172 to enjoy the privilege, and locate thereon permanently, to a 

44173 single person over twenty-one years of age, forty acres; to a 

44174 family of two persons, sixty acres; to a family of three and not 

44175 exceeding five, eighty acres; to a family of six persons and not 

44176 exceeding ten, one hundred and twenty acres ; and to each family 

44177 over ten in number, twenty acres to each additional three mem- 

44178 bers; and the President may provide for such rules and regula- 

44179 tions as will secure to the family in case of the death of the head 

44180 thereof the possession and enjoyment of such permanent home 

44181 and improvement thereon; and he may at any time, at his dis- 

44182 cretiou, after such person or family has made location on the 

44183 land assigned as a permanent home, issue a patent to such per- 

44184 son or family for such assigned laud, conditioned that the tract 

44185 shall not be aliened or leased for a longer term than two years, 

44186 and shall be exempt from levy, sale, or forfeiture, which condi- 

44187 tion shall continue in force until a State constitution, embracing 

44188 such land within its limits, shall have been formed and the legis- 

44189 latnre of the State shall remove tiie restriction: Provided, 

44190 however, That no State legislature shall remove the restriction 

44191 herein provided for without the consent of Congress: And ^r<>- 

44192 vided also, That if any person or family shall at any time neg- 

44193 lector refuse to occupy or till a portion of the land assigned and 

44194 on which they have located, or shall roam from place to place, 

44195 indicating a desire to abandon his home, the President may. if 

44196 the patent shall have been issued, cancel the assignment, and 

44197 may also withhold from such person or family their portion of 

44198 the annuities or other money due them until they shall have 

44199 returned to such permanent home and resumed the pursuits of 

44200 industry; and in default of their return the tract may be declared 



992 



4420 1 abandoned, and thereafter assigned to some other person or 

44202 family of Indians residing on said reservation: And provided 

44203 also, That the head chiefs of the three principal bands, to wit. 
44-04 Pio-pio-rnox-mox, Weyatenatemany, and Wenap-snoot, shall be 

44205 secured in a tract of at least one hundred and sixty acres of 

44206 laud. 

44207 Article 7. The annuities of the Indians shall not be taken 

44208 to pay the debts of individuals. 

44209 Article 8. The confederated bands acknowledge their de- 

44210 pendence on the Government of the United States, and promise 

44211 to be friendly with all the citizens thereof, and pledge themselves 

44212 to commit no depredation on the property of such citizens, and 

44213 should any one oi\more of the Indians violate this pledge, and 

44214 the fact be satisfactorily proven before the agent, the property 

44215 taken shall be returned, or in default thereof, or if injured, or 

44216 destroyed, compensation may be made by the Government out 

44217 » of their annuities; nor will they make war on any other tribe of 

44218 Indians except in self-defense, but submit all matter of differ- 

44219 ence between them and other Indians to the Government of the 

44220 United States or its agents for decision, and abide thereby ; and 

44221 if any of the said Indians commit any depredations on other In- 

44222 dians, the same rule shall prevail as that prescribed in the 

44223 article in case of depredations against citizens. Said Indians 

44224 further engage to submit to and observe all laws, rules, and 

44225 regulations which may be prescribed by the United States for 

44226 the government of said Indians. 

44227 Article 9. In order to prevent the evils of intemperance 

44228 among said Indians it is hereby provided that if any one of 

44229 them shall drink liquor, or procure it for others to drink, [such 

44230 one] may have his or her proportion of the annuities withheld 

44231 from him or her for such time as the President may determine. 

44232 Article 10. The said confederated bands agree that, when- 

44233 ever in the opinion of the President of the United States the 

44234 public interest may require it, that all roads, highways, and rail- 

44235 roads shall have the right of way through the reservation herein 

44236 designated, or wmich may at any time hereafter be set apart as 

44237 a reservation for said Indians. 

44238 Article 11. This treaty shall be obligatory on the con- 

44239 tracting parties as soon as the same shall be ratihed by the 

44240 President and Senate of the United States. 

44241 Proclaimed April 11, 1859. 



903 



44242 WEAS. 

44243 Articles of a treaty made and concluded at St. Mary's between the 

44244 United States of America, by their commissioners, Jonathan 

44245 Jennings, Lewis Cass, and Benjamin Parle, and the Wea tribe 

44246 of Indians. 

44247 Article 1. The said Wea tribe of Indians agree to cede 

44248 to tlie United States all the lauds claimed and owned by the 
41:249 said tribe within the limits of the States of Indiana, Ohio, and 

44250 Illinois. 

44251 Article 2. The said Wea tribe of Indians reserve to them 

44252 selves the following-described tract of land, viz: Beginning at 

44253 the mouth of Raccoon Creek; thence, by the present boundary - 

44254 line, seven miles; thence northeasterly seven miles to a point 

44255 seven miles from the Wabash River; thence to the Wabash 
44258 River by a line parallel to the present boundary-Hue aforesaid ; 
41257 and thence by the Wabash River to the place of beginning: 

44258 to be holden by the said tribe as Indian reservations are usually 

44259 held. 

44260 Article 3. The United States agree to grant to Christmas 

44261 Dageny and Mary Shields, formerly Mary Dageny, children of 

44262 Mechinquamesha, sister of Jacco, a chief of the said tribe, and 

44263 their heirs, one section of land each; but the laud hereby 

44264 granted shall not be conveyed or transferred to any person or 

44265 persons by the grantees aforesaid, or their heirs, or either of 

44266 them, but with the consent of the President of the United 

44267 States. 

44268 Article 4. The said Wea tribe of Indians accede to and 

44269 sanction the cession of land made by the Kickapoo tribe of In- 

44270 dians in the second article of a treaty concluded between the 

44271 United States and the said Kickapoo tribe on the ninth day of 

44272 December, one thousand eight hundred and nine, (proclaimed 

44273 March 8, 1810; see page 436.) 

44274 Article 5. In consideration of the cession made in the 

44275 foregoing articles of this treaty, the United States agree to pay 

44276 to the said Wea tribe of Indians one thousand eight hundred 

44277 and fifty dollars annually in addition to the sum of one thou- 

44278 sand one hundred and fifty dollars, (the amount of their former 

44279 annuity,) making a sum total of three thousand dollars: to be 

4 4280 paid in silver by the United States annually to the said tribe ? 

44281 on the reservation described by the second article of this 

44282 treaty. 

44283 Proclaimed January 7, 1819. 

*125 I T 



994 



44284 A treaty made and concluded by Benjamin Parke, a commissioner 

44285 for that purpose on the part of the United States, of the one 

44286 part, and the chiefs, warriors, and head-men of the Wea tribe 

44287 of Indians, of the other part. 

44288 Article 1. The chiefs, warriors, and head- men of the said 

44289 tribe agree to cede, and they do hereby cede and relinquish, to 

44290 the United States all the land reserved by the second article of 

44291 the treaty between the United States and the said tribe cou- 

44292 eluded at Saint Mary's on the second day of October, eighteen 

44293 hundred and eighteen, (preceding treaty.) 

44294 Article 2. The sum of five thousand dollars in money 

44295 and goods which is now paid and delivered by the United States, 

44296 the receipt wherof the chiefs, warriors, and head-men of the 

44297 said tribe do hereby acknowledge, is considered by the parties 

44298 a tall compensation for the cession and relinquish inent above 

44299 mentioned. 

44300 Article 3. As it is contemplated by the said tribe to re- 

44301 move from the Wabash, it is agreed that the annuity secured to 

44302 the Weas by the treaty of Saint Mary's above mentioned shall 

44303 hereafter be paid to them at Kaskaskia, in the State of Illinois. 

44304 Article 4. This treaty, as soon as it is ratified by the 

44305 President and Senate of the United States, to be binding on the 

44306 contracting parties.. 

44307 Proclaimed January 8, 1821. 



44308 A convention entered into at Yincennes, in the Indiana Territory, 

44309 between William Henry Harrison, commissioner plenipotentiary 

44310 of the United States for treating with the Indian tribes north- 
4431 L west of the Ohio, and the Wea tribe. 

44312 The said tribe, by their sachems and head-warriors, hereby 

44313 declare their fall and free consent to the treaty concluded at 

44314 Fort Wayne, on the thirtieth ultimo, by the above-mentioned 

44315 commissioner, with the Delaware, Miami, Putawatimie, and Eel 

44316 River tribes; and also to the separate article entered into on 

44317 the same day with the Miami and Eel River tribes. And the 

44318 said commissioner, on the part of the United States, agrees to 

44319 allow the said Indian tribe an additional annuity of three hun- 

44320 dred dollars, and a present sum of fifteen hundred dollars, in 

44321 consideration of the relinquishment made in the first article of 

44322 said treaty; and a farther permanent annuity of one hundred 

44323 dollars as soon as the Kickajwos can be brought to give their 

44324 consent to the ninth article of said treaty. 

44325 Proclaimed January 25, 1810. 



095 



44320 WINNEBAG OS. 

44327 A treaty of peace and friendship made and concluded between Will- 

4432S iam ClarJc, Ninian Edwards, and Auguste Chouteau, commis- 

44329 sioners plenipotentiary of the United States of America, on the 

44330 part and behalf of the said States, of the one part, and the un- 

44331 " dersigned chiefs and warriors of that portion of the Winnebago 

44332 tribe or nation residing on the Ouisconsin River, of the other 
41333 part. 

44331 Whereas the undersigned chiefs and warriors, as well as 

44335 that portion of the nation which they represent, have separated 

44336 themselves from the rest of their nation, and reside in a village 

44337 on the Ouisconsin Eiver, and are desirous of returning to a state 

44338 of friendly relations with the United States, the parties hereto 

44339 have agreed to the following articles : 

44340 Article 1. Every injury or act of hostility committed by 

44341 one or either of the contracting parties against the other shall 

44342 be mutually forgiven and forgot; and all the friendly relations 

44343 that existed between them before the late war sball be, and the 
44314 same are hereby, renewed. 

44345 Article 2. The undersigned chiefs and warriors, for them- 

44340 selves and those they represent, do, by these presents, confirm 

44347 to the United States all and every cession of land heretofore 

41348 made by their nation to the British, French, or Spanish govern- 

44349 ment within the limits of the United States or their territories ; 

44350 and also all and every treaty, contract, and agreement hereto- 

44351 fore concluded between the United States and the said tribe or 

44352 nation, as far as their interest in the same extends. 

44353 Article 3. The undersigned chiefs and warriors as afore- 

44354 said, for themselves and those they represent, do hereby ac- 

44355 knowledge themselves to be under the protection of the United 

44356 States, and of no other nation, power, or sovereign whatsoever. 

44357 Article 4. The aforesaid chiefs and warriors, for tbeni- 

44358 selves and those they represent, do further promise to remain 

44359 distinct and separate from the rest of their tribe or nation, 

44360 giving them no aid or assistance whatever, until peace shall 

44361 also be concluded between the United States and the said tribe 

44362 or nation. 

44363 Article 5. The contracting parties do hereby agree, 

44364 promise, and oblige themselves, reciprocally, to deliver up all 

44365 prisoners now in their hands (by what means soever the same 

44366 may have come into their possession) to the officer commanding 
41367 at Prairie du Chien, to be by him restored to the respective 

44368 parties hereto, as soon as it may be practicable. 

44369 Proclaimed January 30, 1816. 



996 



44370 Articles of a treaty made and concluded at the Village of Prairie du 

44371 Chien, Michigan Territory, on this first day of August, in the 

44372 year one thousand eight hundred and twenty-nine, between the 

44373 United Stales of America, by their commissioners, General 

44374 John M'Niel, Colonel Pierre Menard, and Caleb At water, esq., 

44375 for and on behalf of said States, of the one part, and the nation 

44376 of Winnebaygo Indians of the other part. 

44377 Article 1. The said Winnebaygo Nation hereby forever 

44378 cede and relinquish to the said United States all their right, 

44379 title, and claim to the lands and country contained within the 

44380 following limits and boundaries, to wit : Beginning on Rock 

44381 Eiver, at the mouth of the Pee-hee-tau-no or Pee-~kee-tol-a ~ka, a 

44382 branch thereof 5 thence up the Pee-Jcee tol-a Jca to the mouth of 

44383 Sugar Creek ; thence up the said creek to the source of the 

44384 Eastern Branch thereof ; thence hyaline running due north to the 

44385 road leading from the Eastern Blue Mound, by the most northern 

44386 of the four lakes, to the portage of the Wisconsin and Fox 

44387 Rivers; thence along the said road to the crossing of Duck 

44388 Creek ; thence by a line running in a direct course to the most 

44389 southeasterly bend of Lake Puck-a- way, on Fox River ; thence 

44390 up said lake and Fox Biver to the portage of the Wisconsin; 

44391 thence across said portage to the Wisconsin River: thence 

44392 down said river to the eastern line of the United States reserva- 

44393 tion at the mouth of said river, on the south side thereof, as 

44394 described in the second article of the treaty made at St. Louis, 

44395 on the twenty-fourth day of August, in the year eighteen hun- 

44396 dred and sixteen, with the Ohippewas, Ottawas, and Potawa- 

44397 tainies, (proclaimed December 30, 1816; see page 151;) thence 

44398 with the lines of a tract of country on the Mississippi River, 

44399 (secured to the Chippewas, Ottawas, and Potawatamies of the 

44400 Illinois by the ninth article of the treaty made at Prairie du 

44401 Chien, on the nineteenth day of August, in the year eighteen 

44402 hundred and twenty-five, proclaimed February 26, 1826 , (see 

44403 page 159;) running southwardly, passing the heads of the small 

44404 streams emptying into the Mississippi to the Rock River, at the 

44405 Winnebaygo village, forty miles above its mouth ; thence up 

44406 Rock River to the mouth of the Pee lcee tol-a lia River, the place 

44407 of beginning. 

44408 Article 2. In consideration of the above cession, it is 

44409 hereby stipulated that the said United States shall pay to the 

44410 said Winnebaygo Nation of Indians the sum of eighteen thou- 

44411 sand dollars iu specie annually, for the period of thirty years ; 

44412 which said sum is to be paid to said Indians at Prairie du Chien, 

44413 and Fort Winnebaygo, in jjroportion to the numbers residiug 

44414 within the most convenient distance of each place, respectively; 



997 

44415 and it is also agreed that the said United States shall deliver 

44416 immediately to said Indians, as a present, thirty thousand dol- 

44417 lars in goods; and it is further agreed that three thousand 
4441S pounds of tobacco and fifty barrels of salt shall be annually 

44419 delivered to the said Indians by the United States, for the 

44420 period of thirty years; half of which articles shall be delivered 
44424 at the agency at Prairie du Ohien, and the other half at the 

44422 agency of Fort Winnebaygo. 

44423 Article 3. And it is further agreed between the parties 

44424 that the said United States shall provide and support three 

44425 blacksmiths' shops, with the necessary tools, iron, and steel, for 

44426 the use of the said Indians, for the term of thirty years ; one at 

44427 Prairie du Ohien, one at Fort Winnebaygo, and one on the 

44428 waters of Bock River; and furthermore, the said United States 

44429 engage to furnish, for the use of the said Indians, two yoke of 

44430 oxen, one cart, and the services of a man at the portage of the 

44431 Wisconsin and Fox Rivers, to continue at the pleasure of the 

44432 agent at that place, the term not to exceed thirty years. 

44433 Article 4. The United States (at the request of the Indians 

44434 aforesaid) further agree to pay to the persons named in the 

44435 schedule annexed to this treaty, (and which forms part and par- 

44436 eel thereof,) the several sums as therein specified, amounting, in 

44437 all, to the sum of twenty-three thousand five hundred and thirty- 

44438 two dollars and twenty-eight cents ; which sum is in full satis- 

44439 faction of the claims brought by said persons against said 

44440 Indians, and by them acknowledged to be justly due. 

44441 Article 5. And it is further agreed that, from the land 

44442 hereinbefore ceded, there shall be granted by the United States 

44443 to the persons herein named, (being descendants of said Indians,) 

44444 the quantity of land as follows, to be located without the mineral 

44445 country, under the direction of the President of the United 
4444G States, that is to say : to Catherine Myott, two sections ; to 

44447 Mary, daughter of Catharine Myott, one section ; to Michael St. 

44448 Cyr, son of Hee-no-Jcau, (a Winnebaygo woman,) one section ; to 

44449 Mary, Ellen, and Brigitte, daughters of said Hee no-Jcau, each 

44450 one section ; to Catherine and Olivier, children of Olivier A rnelle, 

44451 each one section ; to Francois, Therese, and Joseph, children of 

44452 Joseph Thibault, each one section ; to Sophia, daughter of Joshua 

44453 Palen, one section; to Pierre Pacquette, two sections; and to his 

44454 two children, Therese and Moses, each oue section ; to Pierre Grig- 

44455 non UAvoine, Amable, Margaret, Genevieve, and Mariette, chil- 

44456 dren of said Pierre, each one section ; to Mauh-nah-tee-sce, (a Win- 

44457 nebaygo woman,) one section ; and to her eight children, viz, 

44458 Therese, Benjamin, James, Simeon, and Phelise Leciiyer, Julia, 

44459 and Antoine Griguon, and Alexis Peyet, each one section : to 

44460 John Baptiste Pascal, Margaret, Angelique, Domitille, Therese. 



998 



44461 and Lisette, children of the late John Baptiste Pacquette, each 

44462 one section ; to Madeline Brisbois, daughter of the late Michel 

44463 Brisbois, jr., one section; to Therese Gagnier and her two chil- 
444G4 dren, Francois and Louise, two sections ; to Mary, daughter of 

44465 Luther Gleason, one section ; and to Theodore Lupien, one sec- 

44466 tion ; all which aforesaid grants are not to be leased or sold by 

44467 said grantees to any person or persons whatever, without the 

44468 permission of the President of the United States : and it is 

44469 farther agreed that the said United States shall pay to Therese 

44470 Gagnier the sum of fifty dollars per annum, for fifteen years, to 

44471 be deducted from the annuity to said Indians. 

44472 Article 6. This treaty, after the same shall be ratified by 

44473 the President of the United States, by and with the advice and 

44474 consent of the Senate thereof, shall be obligatory on the con- 

44475 tracting parties. 

44476 Proclaimed January 2, 1830. 



44477 Articles of a treaty made and concluded at Fort Armstrong, Boclc 

44478 Island, Illinois, between the United States of America, by their 

44479 commissioners, Major- General Winfield Scott, of the United 

44480 States Army, and Ms excellency John Beynolds, governor of 

44481 the State of Illinois, and the Winnebago Nation of Indians, 

44482 represented in general council by the undersigned chiefs, head- 

44483 men, and warriors. 

44484 Article 1. The Winnebago Nation hereby cede to the 

44485 United States, forever, all the lands to which said nation have 

44486 title or claim, lying to the south and east of the Wisconsin 

44487 Kiver, and the Fox Eiver of Green Bay ; bounded as follows, viz • 

44488 Beginning at the mouth of the Pee-kee-tol-a-ka Eiver ; thence up 

44489 Bock Biver to its source $ thence, with a line dividing the Win- 

44490 nebago Nation from other Indians east of the Winnebago Lake, 

44491 to the Grande Chute ; thence up Fox Biver to the Winnebago 

44492 Lake, and with the northwestern shore of said lake to the inlet 

44493 of Fox Biver ; thence up said river to Lake Puckaway, and with 

44494 the eastern shore of the same to its most southeasterly bend ; 

44495 thence with the line of a purchase made of the Winnebago Na- 

44496 tion, by the treaty at Prairie du Chene, the first day of August, 

4 449 7 one thousand eight hundred and twenty-nine, to the place of 

44498 beginning. 

44499 Article 2. In part consideration of the above cession, it 

44500 is hereby stipulated and agreed that the United States grant to 

44501 the Winnebago Nation, to be held as other Indian lands are 

44502 held, that part of the tract of country on the west side of the 

44503 Mississippi, known at present as the Neutral Ground, embraced 

44504 within the following limits, viz : Beginning on the west bank of 



999 



44505 the Mississippi Eiver, twenty miles above the mouth of the Up- 

44506 per loway Eiver, where the line of the lands purchased of the 

44507 Sioux Indians, as described in the third article of the treaty of 

44508 Prairie du Chien, of the fifteenth day of July, one thousand 

44509 eight hundred and thirty, begins ; thence, with said line, as 

44510 surveyed and marked, to the Eastern Branch of the Eed Cedar 

44511 Creek; thence down said creek forty miles, in a straight line, 

44512 but following its windings, to the line of a purchase, made of 

44513 the Sac and Fox tribes of Indians, as designated in the second 

44514 article of the before-recited treaty ; and thence along the south - 

44515 ern line of said last-mentioned purchase, to the Mississippi, at 

44516 the point marked by the surveyor, appointed by the President 

44517 of the United States, on the margin of said river ; and thence 

44518 up said river to the place of beginning. The exchange of the 
44510 two tracts of country to take place on or before the first day of 

44520 June next; that is to say, on or before that day, all the Win 

44521 nebagoes now residing within the country ceded by them, as 

44522 above, shall leave the said country, when, and not before, they 

44523 shall be allowed to enter upon the country granted by he 

44524 United States, in exchange. 

44525 Article 3. But as the country hereby ceded by the Winne- 

44526 bago Nation is more extensive and valuable than that given by 

44527 the United States in exchange, it is further stipulated and 

44528 agreed that the United States pay to the Winnebago Nation, 

44529 annually, for twenty-seven successive years, the first payment 

44530 to be made in September of the next year, the sum of ten thou- 

44531 sand dollars, in specie ; which sum shall be paid to the said 

44532 nation at Prairie du Chien and Port Winnebago, in sums pro- 

44533 portional to the numbers residing most conveniently to those 

44534 places respectively. 

44535 Article 4. It is further stipulated and agreed that the 

44536 United States shall erect a suitable building or buildings, with 

44537 a garden and a field attached, somewhere near Port Crawford or 

44538 Prairie du Chien, and establish and maintain therein for the 

44539 term of twenty-seven years a school for the education, includ- 
44510 ing clothing, board, and lodging, of such Winnebago children 

44541 as may be voluntarily sent to it; the school to be conducted by 

44542 two or more teachers, male and female, and the said children to 

44543 be taught reading, writing, arithmetic, gardening, agriculture, 

44544 carding, spinning, weaving, and sewing, according to their ages 

44545 and sexes, and such other branches of useful knowledge as the 

44546 President of the United States may prescribe : Provided, That 

44547 the annual cost of the school shall not exceed the sum of three 

44548 thousand dollars. And in order that the said school may be pro 

44549 ductive of the greatest benefit to the Winnebago Nation, it is 

44550 hereby subjected to the visits and inspections of his excellency 



1000 



4455 L the gouvernor of the State of Illinois for the time being; the 

44552 United States general superintendents of Indian affairs ; of the 

44553 United States agents who may be appointed to reside among 

44554 the Winnebago Indians, and of any officer of the United States 

44555 Army who may be of or above the rank of major: Provided, 

44556 That the commanding officer of Fort Crawford shall make such 

44557 visits and inspections frequently, although of an inferior rank. 

44558 Article 5. And the United States further agree to make 

44559 to the said nation of Winnebago Indians the following allow- 
41560 ances for the period of twenty-seven years in addition to the con- 
445G1 si delations hereinbefore stipulated ; that is to say : for the sup" 

44562 port of six agriculturists and the purchase of twelve yokes of 

44563 oxen, ploughs, and other agricultural implements, a sum not ex- 

44564 ceeding two thousand five hundred dollars per annum ; to the 

44565 Eock River band of Winnebagoes, one thousand five hundred 
41566 pounds of tobacco per annum ; for the services and attendance 

44567 of a physician at Prairie du Chien, and of one at Fort Winne- 

44568 bago, each two hundred dollars per annum. 

44569 Article 6. It is further agreed that the United States re- 

44570 move and maintain within the limits prescribed in this treaty 

44571 for the occupation of the Winnebagoes the blacksmith's shop, 

44572 with the necessary tools, iron, and steel heretofore allowed to 

44573 the Winnebagoes, on the waters of the Rock River, by the 

44574 third article of the treaty made with the Winnebago Nation at 

44575 Prairie du Chien on the first day of August, one thousand 

44576 eight hundred and twenty nine. 

44577 Article 7. And it is further stipulated and agreed by the 

44578 United States that there shall be allowed and issued to the 

44579 Winnebagoes required by the terms of this treaty to remove 

44580 within their new limits, soldiers' rations of bread and meat for 

44581 thirty days: Provided, That the whole number of such rations 

44582 shall not exceed sixty thousand. 

44583 Article 8. The United States, at the request of the Winne- 

44584 bago Nation of Indians aforesaid, further agree to pay to the 

44585 following-named persons the sums set opposite their names re- 

44586 spectively, viz: To Joseph Ogee, two hundred and two dollars 

44587 and fifty cents • to William Wallace, four hundred dollars; and 
4458S to John Dougherty, four hundred and eighty dollars, amounting 

44589 in all to one thousand and eighty two dollars and fifty cents, 

44590 which sum is in full satisfaction of the claims brought by said 

44591 persons against said Indians and by them acknowledged to be 

44592 justly due. 

44593 Article 9. On demand of the United States commission- 

44594 ers, it is expressly stipulated and agreed that the Winnebago 

44595 Nation shall promptly seize and deliver up to the commanding 

44596 officer of some United States military post, to be dealt with ac- 



looi 



44597 cording to law, the following individual Winnebagoes, viz: 

44598 Koo-zee-ray-Kaw, Moy-che-nun-Kaw, Tshik-o-ke-inaw-kaw, Ah- 

44599 nun-see-kaw, and Waw-zee-ree-kay-bee-wee-kaw, who are ac- 
44000 cused of murdering or of being concerned in the murdering of 
44601 certain American citizens at or near the Blue Mound, in the 

44002 Territory of Michigan; Na\v-sa\v-nay-he-ka\v, and Toag-ra-naw- 

44003 koo-ray-see-ray -kaw, who are accused of murdering, or of being 

44604 concerned in murdering, one or more American citizens at or 

44605 near Kellogg's Grove, in the State of Illinois ; and also Waw-kee- 

44606 aun-shaw and his son, who wounded, in attempting to kill, an 

44607 American soldier, at or near Lake Kosh-ke-nong, in the said 
4160S Territory ; all of which offences were com nitted in the course of 

44609 the past spring and summer. And till these several stipula- 

44610 tious are faithfully complied with by the Winnebago Nation, it 

44611 is further agreed that the payment of the annuity of ten thou- 

44612 sand dollars secured by this treaty shall be suspended. 

44613 Arttcle 10. At the special request of the Winnebago Xa- 

44614 tion, the United States agree to grant by patent, in fee-simple, 

44615 to the following-named persons, all of whom are Wiuuebagoes 

44616 by blood, lands as follows : To Pierre Paquette, three sections; 

44617 to Pierre Paquette, junior, one section ; to Therese Paquette, 

44618 one section ; and to Caroline Harney, one section. The lands 

44619 to be designated under the direction of the President of the 

44620 United States within the country herein ceded by the W r inne- 

44621 bago Nation. 

44622 Article 11. In order to prevent misapprehensions that 

44623 might disturb peace and friendship between the parties to this 

44624 treaty, it is expressly understood that no baud or party of Win- 

44625 nebagoes shall reside, plant, fish, or hunt after the first day of 

44626 June next on any portion of the country herein ceded to the 

44627 United States. 

44628 Article 12. This treaty shall be obligatory on the con- 

44629 tracting parties after it shall be rati lied by the President and 

44630 Senate of the United States. 

44631 Proclaimed February 13, 1833. 

44632 K B. — All the stipulations of the foregoing treaties with the 

44633 Winnebagos, requiring services to be performed, supplies fur- 

44634 nished, or payments made at designated times and places, are 

44635 abrogated by the fifth article of the treaty proclaimed June 16, 

44636 1838, (next succeeding treaty.) 

44637 Articles of a treaty made at the city of Washington, between Carey 

44638 A. Harris, thereto specially directed by the President of the 

44639 United States, and the Winnebago Nation of Indians', by their 

44640 chiefs and delegates. 

44641 Article 1. The Winnebago Nations of Indians cede to 

44642 the United States all their laud east of the Mississippi Rivei 

*126 I T 



1002 



44643 Article 2. The said Indians further agree to relinquish the 

44644 right to occupy, except for the purpose of hunting, a portion of 

44645 the land held by them west of the Mississippi, included between 

44646 that river and a line drawn from a point twenty miles distant 

44647 therefrom on the southern boundary of the neutral ground to a 

44648 point, equidistant from the said river, on the northern boundary 

44649 thereof. But this stipulation shall not be so construed as to 

44650 invalidate their title to the said tract. 

44651 Article 3. The said Indians agree to remove, within eight 

44652 months from the ratification of this treaty, to that portion of 

44653 the neutral ground west of the Mississippi which was conveyed 

44654 to them in the second article of the treaty of September 21st, 

44655 1832, and the United States agree that the said Indians may 

44656 hunt upon the western part of said neutral ground until they 

44657 shall procure a permanent settlement. 

44658 Article 4. In consideration of the cession and relinquish- 

44659 ment contained in the preceeding articles, the United States 

44660 agree to the following stipulations on their part. 

44661 First. To set apart the sum of two hundred thousand dollars 

44662 (8200,000) for the following purposes : 

44663 To pay to the individuals herein named the sum specified for 

44664 each. To Nicholas Boilvin, six thousand dollars ($6,000 ; ) to the 

44665 other four children of Mcholas Boilvin, formerly agent for said 

44666 nation, four thousand dollars ($4,000) each ; to Catherine Myott, 

44667 one thousand dollars, ($1,000;) to Hyancinthe St. Cyr, one 
446*)8 thousand dollars, ($1,000 ;) to the widow of Henry Gratiot, late 

44669 sub-agent of the nation, in trust for her eight children, ten thou- 

44670 sand dollars, ($10,000 ;) to H. L. Dousman, in trust for the chil- 

44671 dren of Pierre Paquette, late interpreter for the nation, three 

44672 thousand dollars, ($3,000;) to Joseph Brisbois, two thousand 

44673 dollars, ($2,000;) to Satterlee Clark, junior, two thousand dol- 

44674 lars, (82,000;) to John Roy, two thousand dollars, ($2,000;) to 

44675 Antoine Grignon, two thousand dollars, ($2,000;) to Jane F. 

44676 Rolette, two thousand dollars, ($2,000 ;) to George Fisher, one 

44677 thousand dollars, ($1,000;) to Theresa Roy, one thousand dol- 

44678 lars, ($1,000;) to Domitille Brisbois, one thousand dollars, 

44679 ($1,000.) These sums are allowed, at the earnest solicition of 

44680 the chiefs and delegates, for supplies and services to the nation 

44681 afforded by these individuals. 

44682 The balance of the above sum of two hundred thousand dol- 

44683 lars ($200,000) shall be applied to the debts of the nation which 

44684 may be ascertained to be justly due, and which may be admitted 

44685 by the Indians: Provided. That if all their just debts shall 

44686 amount to more than this balance, their creditors shall be paid 

44687 pro rata, upon their giving receipts in full ; and if the just debts 

44688 shall fall short of said balance, the residue of it shall be invested 



1003 



41689 for the benefit of the nation : And provided also, That no claim 

44690 for depredations shall be paid out of said balance. 

44691 Second. To pay, under the direction of the President to the 

44692 relations and friends of said Indians, having not less than one 

44693 quarter of Winnebago blood, one hundred thousand dollars, 

44694 ($100,000.) 

44695 Third. To expend, for their removal to the lands assigned 

44696 them, a sum not exceeding seven thousand dollars, (87,000.) 

44697 Fourth. To deliver to the chiefs and delegates, on their arri- 

44698 val at St. Louis, goods and horses to the amount of three Ihou- 

44699 sand dollars, ($3,000;) and also to deliver to them, as soon as 

44700 practicable after the ratification of this treaty, and at the expense 

44701 of the United States, goods to the amount of forty-seven thon- 

44702 sand dollars, ($47,000.) 

44703 Fifth. To deliver to them provisions to the amount of ten 

44704 thousand dollars, ($10,000.) and horses to the same amount. 

44705 Sixth. To apply to the erectiou of a grist-mill, three thousand 

44706 dollars, ($3,000.) 

44707 Seventh. To expend in breaking up and fencing in ground 

44708 after the removal of the said Indians, ten thousand dollars, 

44709 ($10,000.) 

44710 Eighth. To set apart the sum of ten thousand dollars, 

44711 ($10,000,) to defray contingent and incidental expenses in the 

44712 execution of this treaty, and the expenses of an exploring party, 

44713 when the said Indians shall express a willingness to send one to 

44714 the country southwest of the Missouri Kiver. 

44715 Plinth. To invest the balance of the proceeds of the lauds 

44716 ceded in the first article of this treaty, amounting to eleveu 

44717 hundred thousand dollars, ($ 1,100,000 ; ) and to guaranty to them 

44718 an interest of not less than five per cent. 

44719 Of this interest, amounting to fifty-five thousand dollars, 

44720 ($55,000,) it is agreed the following disposition shall be made: 

44721 For purposes of education, twenty-eight hundred dollars, 

44722 ($2,800.) 

44723 For the support of an interpreter for the school, five hun- 

44724 dred dollars, ($500.) 

44725 For the support of a miller, six hundred dollars, ($600.) 

44726 For the supply of agricultural implements and assistance, 

44727 five hundred dollars, ($500.) 

44728 For medical services and medicines, six hundred dollars, 

44729 ($600.) 

44730 The foregoing sums to be expended for the objects specified 

44731 for the term of twenty-two years, and longer at the discretion of 

44732 the President. If, at the expiration of that period, or any time 

44733 thereafter, he shall think it expedient to discontinue either or 

44734 all of the above allowances, the amount so discontinued shall be 



1004 



44735 paid to said Winnebago Nation. The residue of the interest, 

44736 amounting to fifty thousand dollars, ($50,000,) shall be paid to 

44737 said nation in the following manner: Ten thousand dollars 
4473S ($10,000) in provisions, twenty thousand dollars ($20,000) in 

44739 goods, and twenty thousand dollars ($20,000) in money. 

44740 Article 5. It is understood and agreed that so much of 

44741 the stipulations in existing treaties with said Winnebago Nation 

44742 as requires services to be performed, supplies furnished, or pay- 

44743 ments made at designated times and places, shall be henceforth 

44744 null and void; and those stipulations shall be carried into ef- 

44745 feet at such times and at such points in the country to which 
44740 they are about to remove as the President may direct. 

44747 Article G. This treaty to be binding on the contracting 

44748 parties when it shall be ratified by the United States. 

44749 Proclaimed June 16, 1838. 



44750 Articles of a treaty made and concluded at tlie city of Washington, 

44751 on the thirteenth day of October, in the year one thousand eight 

44752 hundred and forty-six, between the United States, of the one 

44753 part, by their commissioners, Albion K. Parris, John J. Abert, 

44754 and T. P. Andretvs, and the Winnebago tribe of Indians, of the 

44755 other part, by a full delegation of said tribe, specially appointed 

44756 by the chiefs, head-men, and warriors thereof. 

44757 Article 1. It is solemnly agreed that the peace and friend- 

44758 ship which exist between the people of the United States and 

44759 the Winnebago Indians shall be perpetual, the said tribe of In- 

44760 dians giving assurance hereby of fidelity and friendship to the 

44761 Government and people of the United States, and the United 

44762 States giving to them, at the same time, promise of all proper 

44763 care and parental protection. 

44764 Article 2. The said tribe of Indians hereby agree to cede 

44765 and sell, and do hereby cede and sell, to the United States, all 

44766 right, title, interest, claim, and privilege to all lands, wmerever 

44767 situated, now or heretofore occupied or claimed by said Indians, 

44768 within the States and Territories of the United States, and espe- 

44769 cially to the country now occupied, inhabited, or in any way used 

44770 by them, called the "neutral ground," which tract of country 

44771 was assigned to said Indians by the second article of the treaty 

44772 of Fort Armstrong, concluded on the fifteenth day of September, 

44773 1832, and ratified on the thirteenth day of February following. 

44774 (See page 1001.) 

44775 Article 3. In consideration of the foregoing purchase 

44776 from or cession by the said Indians, the United States hereby 

44777 agree to purchase and give to the said Indians, as their home, 

44778 to be held as all Indians- lands are held, a tract of country north 



1005 



44779 of St. Peter's and west of the Mississippi Rivers, of not loss 

44780 than eight hundred thousand acres, which shall be suitable to 

44781 their habits, wants, and wishes: Provided, Such land can be 

44782 obtained on just and reasonable terms. 

44783 Article 4. The United States agree to pay to said tribe of 

44784 Indians the sum of one hundred and fifty thousand dollars for 

44785 the land, and the sum of forty thousand dollars for release of 

44786 hunting privileges on the lands adjacent to their present home, 

44787 making the sum of one hundred and ninety thousand dollars, 

44788 being in further consideration of the cession or sale made to the 

44789 United States by the second article of this treaty, to be paid as 

44790 follows: Forty thousand dollars to enable them to comply with 

44791 their present just engagements, and to cover the expenses of 

44792 exploring and selecting (by their own people, or by an agent of 

44793 their own appointment) their new home; twenty thousand dol- 

44794 lars in consideration of their removing themselves, and twenty 

44795 thousand dollars in consideration of their subsisting themselves 

44796 the first year after their removal ; ten thousand dollars to be 

44797 expended for breaking up and fencing lauds, under the direction 

44798 of the President of the United States, at their new home; ten 

44799 thousand dollars to be set apart and applied, under the direction 

44800 of the President, to the creation and carrying on of one or more 

44801 manual-labor schools for the benefit of said tribe of Indians, and 

44802 five thousand dollars for building a saw and grist mill. The 

44803 balance of said sum of one hundred and ninety thousand dollars, 

44804 viz, eighty-five thousand dollars, to remain in trust with the 

44805 United States, and five per cent, interest thereon to be paid 

44806 annually to said tribe, or applied for their benefit, as the Presi- 

44807 dent of the United States may from time to time direct, for the 

44808 period of thirty years, which shall be in full payment of the said 

44809 balance: Provided, That no part of the said consideration 

44810 moneys shall be paid until after the arrival of said tribe of In- 

44811 dians at their new home and appropriations shall have been 

44812 made by Congress 5 and that the sums for meeting their present 

44813 engagements, for removal and subsistence, and for exploring 

44814 their new home, shall be paid to the chiefs in open council, in 

44815 such a manner as they in said council shall request. 

44816 Article 5. It is further agreed by the parties to this treaty 

44817 that the said tribe of Indians shall remove to their new home 

44818 within one year after the ratification of this treaty, and their 

44819 new home shall have been procured for them, and they duly 

44820 notified of the same. 

44821 Article 6. It is further agreed by the parries to this treaty 

44822 that the President may, at his discretion, (should heat any time 
41823 be of opinion that the iuterest of the Indians would be thereby 
44824 promoted,) direct that any portion of the money, not exceeding 



1006 



44825 ten thousand dollars per annum, now paid in goods, as provided 

44826 for by the last clause of the fourth article of the treaty of the 

44827 first of ^November, 1837, be applied to the purchase of additional 
44S28 provisions, or to other purposes. 

44829 Proclaimed February 4, 1847. 

44830 Franklin Pierce, President of the United States of America, 

44831 to all and singular to whom these presents shall come, greet- 

44832 ing: 

44833 Whereas a treaty was made and concluded at the city of 

44834 Washington, on the twenty-seventh day of February, eighteen 

44835 hundred and fifty five, by George W. Manypenny, as commis- 

44836 sioner on the part of the United States, and the following-named 

44837 chiefs aud delegates of the Winnebago tribe of Indians, viz: 

44838 Waw-kon-chaw-koo-kaw, The Coming Thunder, or Kinnoskik ; 

44839 Sho-go-nik-kaw, or Little Hill; Maw-he-coo sba-naw-zhe-kaw, 

44840 One that Stands and Reaches the Skies, or Little Decorie; 

44841 Waw-kon chaw-hoo-no-kaw, or Little Thunder; Hoouk-hoo no- 

44842 kaw, Little Chief, or Little Priest : Honch-hutta-kaw,or Big Bear; 

44843 Watch-ha-ta-kaw, or Big Canoe ; Ha-zhum kee-kaw, or One Horn ; 

44844 Ha zee-kaw, or Yellow Bank ; and Baptiste Lassallier, they being 

44845 duly authorized by said tribe ; which treaty is in the words fol- 

44846 lowing, to wit : 

44847 Articles of agreement and convention, made and concluded at 

44848 Washington City on the twenty-seventh day of February, 

44849 eighteen hundred and fifty-five, between George W. Many- 

44850 penny, commissioner on the part of the United States, and 

44851 the following-named chiefs and delegates representing the 

44852 Winnebago tribe of Indians, viz: Waw-kon-chaw-koo-kaw, 

44853 The Coming Thunder, or Kinnoskik ; Sho-go-nik-kaw, or 

44854 Little Hill : Maw-ke-coo-shah-naw-zhe-kaw, One that Stands 

44855 and Reaches the Skies, or Little Decorie ; Waw-kon-chaw- 

44856 hoo-no-kaw, or Little Thunder ; Hoonk-hoo-no-kaw, Little 

44857 Chief, or Little Priest; Honek-hutta-kaw, or Big Bear; 

44858 Wach-ha-ta kaw, or Big Canoe ; Ha-zum-kee-kaw, or One 

44859 Horn: Ha-zee-kaw, or Yellow Bank; and Baptiste Lassal- 

44860 lier, they being thereto duly authorized by said tribe. 

44861 Article 1. The Winnebago Indians hereby cede, sell, and 

44862 convey to the United States all their right, title, and interest in 

44863 and to the tract of land granted to them pursuant to the third 

44864 article of the treaty concluded with said tribe at Washington 

44865 City on the thirteenth day of October, one thousand eight hun- 

44866 dred and forty- six, (next preceding,) lying north of St. Peter's River 

44867 and west of the Mississippi River, in the Territory of Minnesota, 

44868 and estimated to contain about eight hundred and ninety-seven 

44869 thousa nd and nine hundred (897,900) acres : the boundary-lines of 



1007 



44870 which are thus described in the second art icle 01 the treaty con- 

44871 eluded between the United States and the Chippewa Indians of 

44872 the Mississippi and Lake Superior, on the second day of August, 

44873 one thousand eight hundred and forty seven, viz: "Beginning 

44874 at the junction of the Crow Wjng and Mississippi Rivers; thence 

44875 up the Crow Wing River, to the junction of thai river with the 

44876 Long Prairie River; thence up the Long Prairie River to the 

44877 boundary line between the Sioux and Chippewa Indians; thence, 

44878 southerly along the said boundary line to a lake at the head of 
44870 Long Prairie River; thence in a direct line to the sources of 

44880 the Watab River; thence down the Watab to the Mississippi 

44881 River; thence up the Mississippi to the place of beginning : n 

44882 Provided, however, That the portions of said tract embracing the 

44883 improved lands of the Indians, the grist and saw mill, and all 

44884 other improvements made for or by them, shall be specially re- 

44885 served from pre-emption, sale, or settlement until the said mills 

44886 and improvements, including the improvements to the land, shall 

44887 have been appraised and sold, at public sale, to the highest bid- 

44888 der, for the benefit of the Indians, but no sale thereof shall be 

44889 made for less than the appraised value. And the President may 

44890 prescribe such rules and regulations in relation to said sale as 

44891 he may deem proper ; and the person or persons purchasing said 

44892 mills and improvements shall have the right, when the laud is 

44893 surveyed, to enter the legal subdivisions thereof, including the 

44894 improvements purchased by them, at one dollar and twenty-five 

44895 cents per acre. 

44896 Article 2. In consideration of the cessions aforesaid, and 

44897 in full compensation therefor, the United States agree to pay to 

44898 the said Indians the sum of seventy thousand dollars, ($70,000,) 

44899 and to grant them, as a permanent home, a tract of land equal 

44900 to eighteen miles square on the Blue Earth River, in the Terri- 

44901 tory of Minnesota, which shall be selected and located by the 

44902 agent of the Government and a delegation of the Winnebagoes 

44903 immediately after the ratification of this instrument, and after 

44904 the necessary appropriations to carry it into effect shall have 

44905 been made ; and a report of such selection and location shall be 

44906 made in writing to the superintendent of Indian affairs for the 

44907 Territory of Minnesota, who shall attach his official signature to 

44908 the same, and forward it to the Commissioner of Indian Affairs j 

44909 and the country thus selected shall be the permanent home of 

44910 the said Indians: Provided, Said tract shall not approach near- 

44911 er the Minnesota River than the mouth of the La Starrer fork of 

44912 the Blue Earth River. 

44913 Article 3. It is agreed that the moneys received from the 

44914 sale ot the Indian improvements, as provided for in the first 

44915 article, and the sum stipulated to be paid by the second article 



1008 



44916 of this instrument, shall be expended, under the direction of the 

44917 President, in removing the Indians to their new homes, including 

44918 those who are now severed from the main body of the tribe, 
449L9 living in Kansas Territory, Wisconsin, or elsewhere; in subsist 

44920 iug them a reasonable time after their removal : in making im- 

44921 provements, such as breaking and fencing land and building 

44922 houses : in purchasing stock, agricultural implements, and 

44923 household furniture, and for such other objects as may tend to 

44924 promote their prosperity and advancement in civilization. And 

44925 the said Winnebago Indians agree to remove to their new homes 

44926 immediately after the selection or the tract hereinbefore pro- 

44927 vided for is made. 

44928 Article 4. In order to encourage the Winnebago Indians 

44929 to engage in agriculture, and such other pursuits as will con- 

44930 duce to their well-being and improvement, it is agreed that, at 

44931 such time or times as the President may deem advisable, the 

44932 land herein provided to be selected as their future home, or 

44933 such portions thereof as may be necessary, shall be surveyed : 

44934 and the President shall, from time to time, as the Indians may 

44935 desire it, assign to each head of a family, or single persons over 

44936 twenty-one years of age, a reasonable quantity of land, in one 

44937 body, not to exceed eighty acres in any case, for their separate 

44938 use ; and he may, at his discretion, as the occupants thereof be- 

44939 come capable of managing their business and affairs, issue pat- 

44940 ents to them for the tract so assigned to them, respectively, 

44941 said tracts to be exempt from taxation, levy, sale, or forfeiture 

44942 until otherwise provided by the legislature of the State in which 

44943 they may be situated, with the assent of Congress : nor shall 

44944 they be sold or alienated, in fee, within fifteen years after the 

44945 date of the patents, and not then without the assent of the 

44946 President of the United States being first obtained. Prior to 

44947 the patents being issued the President shall make such rules 

44948 and regulations as he may deem necessary and expedient re- 

44949 speeting the disposition of any of said tracts, in case of the 

44950 death of the person or persons to whom they may be assigned, 

44951 so that the same shall be secured to the families of such deceased 

44952 persons; and should any of the Iudians to whom tracts may be 

44953 assigned thereafter abandon them, the President may take such 
44054 action in relation to such abandoned tracts as in his judgment 

44955 may be necessary and proper. 

44956 Article 5. All unexpended balances now in the hands of 

44957 the agent of the tribe, arising under former treaties, for schools, 

44958 pay of interpreter therefor, support of blacksmiths and assist- 

44959 ants, and also of the sum of ten thousand dollars set apart by 

44960 the treaty of October thirteenth, eighteen hundred and forty-six, 

44961 for manual-labor schools, shall be expended and applied in the 



1000 



44962 opening of farms, building and furnishing of houses, and the 

44963 purchase of stock for said Indians. Aud the stipulations in for- 

44964 mer treaties providing for the application or expenditure of par- 

44965 ticular sums of money for specific purposes are hereby so far 

44966 modified and changed as to confer upon the President the power, 

44967 in his discretion, to cause such sums of money, iu whole or in 
4496S part, to be expended for or applied to such other objects and 

44969 purposes and in such manner as he shall deem best calculated 

44970 to promote the welfare and improvement of said Indians. 

44971 Article G. So part of the moneys stipulated to be paid to 

44972 the Winnebago Indians by these articles of agreement and con- 

44973 vention, nor any of the future instalments due and payable un- 

44974 der former treaties between them and the United States, shall 

44975 ever be taken, by direction of the chiefs, to pay the debts of in- 

44976 dividual Indians contracted in their private dealings, known as 

44977 national or tribal debts. 

44978 Article 7. The missionaries, or other persons who are, by 

44979 authority of law, now residing on the lands ceded by the first 
449S0 article of this agreement, shall each have the privilege of entering 

44981 one hundred and sixty acres of the said ceded lauds, to include 

44982 any improvements they may have, at one dollar and twenty-five 

44983 cents per acre ; and such of the mixed-bloods as are heads of fam 

44984 ilies, and now have actual residences and improvements of their 

44985 own in the ceded country, shall each have granted to them, in fee- 
4498G eighty acres of land, to include their improvements: Provided, 

44987 however, That said entries and grants shall in no case be upon, 

44988 or in any manner interfere with, any of the lands improved by the 

44989 Government, or by or for the Indians, or on which the agency 

44990 building, saw and grist mill, or other public or Indian improve- 

44991 ments have been erected or made. 

44992 Article 8. The laws which have been or may be enacted 

44993 by Congress regulating trade and intercourse with the Indian 

44994 tribes shall continue and be in force within the country herein 

44995 provided to be selected as tjie future permanent home of the 
4499G Winnebago Indians ; and those portions of said laws which pro- 

44997 hibit the introduction, manufacture, use of, and traffic in ardent 

44998 spirits in the Indian country shall continue and be in force 
44993 within the couutry herein ceded to the United States until other- 

45000 wise provided by Congress. 

45001 Article 9. All roads and highways authorized by law, the 

45002 lines of which may be required to be laid through any part of the 

45003 country herein provided as the future permanent home of the 

45004 Winnebago Indians, shall have right of way through the same, 

45005 a fair and just value of such right being paid to the Indians, in 

45006 money, to be assessed and determined according to the laws in 

45007 force for the appropriation of laud for such purposes. 

* 127 I T 



ioio 



45008 Article 10. The said tribe of Indians, jointly and severally, 

45009 obligate and bind themselves not to commit any depredation or 

45010 wrong upon other Indians, or upon citizens of the United States ; 

45011 to conduct themselves at all times in a peaceable and orderly 

45012 manner; to submit all difficulties between them and other In- 

45013 dians to the President, and to abide by his decision ; to respect 

45014 and observe the laws of the United States, so far as the same 

45015 are to them applicable; to settle down in the peaceful pursuits 

45016 of life ; to commence the cultivation of the soil ; to educate their 

45017 children, and to abstain from the use of intoxicating drinks and 

45018 other vices to which many of them have been addicted. And the 

45019 President may withhold from such of the Winnebagoes as aban- 

45020 don their homes and refuse to labor, and from the idle, intem- 

45021 perate, and vicious, the benefits the}' may be entitled to under 

45022 these articles of agreement and convention, or under articles of 

45023 former treaties, until they give evidences of amendment and be- 

45024 come settled, and conform to and comply with the stipulations 

45025 herein provided; or, should they be heads of families, the same 

45026 may be appropriated, under the direction of the President, to the 

45027 use and enjoyment of their families. 

45028 Article 11. These articles of agreement and convention 

45029 shall be in lieu of the "Articles of a convention made and con- 

45030 eluded between Willis A. Gorman and Johnathan E. Fletcher, on 

45031 the part of the United States, and the chiefs and head-men of the 

45032 Winnebago tribe of Indians, on the 6th day of August, A. D. 

45033 1853," and the amendments of the Senate thereto, as expressed 

45034 in its resolution of July twenty-first, eighteen hundred and fifty - 

45035 four, to which amendments the said Winnebago Indians refused 

45036 to give their assent, which refusal was communicated to the 

45037 Commissioner of Indian Affairs by the governor of Minnesota 

45038 Territory on the twenty-fourth of January, eighteen hundred 

45039 and fifty-five. 

45040 Article 12. The United States will pay the necessary ex- 

45041 penses incurred by the Winnebago delegates in making their 

45042 present visit to Washington, while here, and in returning to their 

45043 homes. 

45044 Article 13. This instrument shall be obligatory on the con. 

45045 tracting parties as soon as the same shall be ratified by the Presi- 

45046 dent and the Senate of the United States. 

45047 Proclaimed March 23, 1855. 



1011 



45048 Treaty between the United States and the Winnebago tribe of In- 

45049 dians, concluded April 15, 1859 ; ratified by the Senate March 

45050 16, 1861. 

45051 PROCLAMATION. 

45052 Abraham Lincoln, President of the United States of America, 

45053 to all and singular to whom these presents shall come, greet- 

45054 ing : 

45055 Whereas a treaty was made and concluded at the city of 

45056 Washington the fifteenth day of April, eighteen hundred and 

45057 fifty-nine, by and between Charles E. Mix, commissioner on the 

45058 part of the United States, and the hereinafter-named chiefs and 

45059 delegates of the Winnebago tribe of Indians, they being duly 

45060 authorized thereto by said tribe, which treaty is in the words 

45061 and figures following, to wit: 

45062 Articles of agreement and convention made and concluded at 

45063 Washington City on the fifteenth day of April, eighteen 

45064 hundred and fifty-nine, by and between Charles E. Mix, 

45065 commissioner on the part of the United States, and the fol- 

45066 lo wing-named chiefs and delegates representing the Win- 

45067 nebago tribes of Indians, viz : Baptiste Lassalleur, Little 

45068 Hill, Little De-Corie, Prophet, Wakon, Cono-hutta-kau, Big 

45069 Bear, Rogue, Young Frenchman, One Horn, Yellow Banks. 

45070 and O-o-kau, they being thereto duly authorized by said 

45071 tribe. 

45072 Article 1. The Winnebago Indians having now more lands 

45073 than are necessary for their occupancy and use, and being de- 

45074 sirous of promoting settled habits of industry and enterprise 

45075 amongst themselves by abolishing the tenure, iu common, by 

45076 which they now hold their lands, and by assigning limited 

45077 quantities thereof, in severalty, to the members of the tribe, in- 

45078 eluding their half or mixed blood relatives now residing with 

45079 them, to be cultivated and improved for their own individual use 

45080 and benefit, it is hereby agreed and stipulated that the eastern 

45081 portion of their present reservation, embracing townships one 

45082 hundred and six (106) and one hundred and seven, (lu7,) range 

45083 twenty-four, (24,) and one hundred and six (106) and one hun- 

45084 dred and seven, (107,) range twenty-five, (25,) and the two strips 

45085 of land immediately adjoining them on the east and north, shall 

45086 be set apart and retained by them for said purposes; and that 

45087 out of the same there shall be assigned to each head of a family 

45088 not exceeding eighty acres, and to each male person, eighteen 

45089 years of age and upwards, without family, not exceeding forty 

45090 acres of land, to include, in every case, as far as practicable, a 

45091 reasonable proportion of timber ; one hundred and sixty acres 

45092 of said retained lands iu a suitable locality shall also be set 



1012 



45093 apart and appropriated to the occupancy and use of the agency 

45091 for said Indians. The lands to be so assigned, including those 

45095 for the use of the agency, shall he in as regular and compact a 

45096 body as possible, and so as to admit of a distinct and well-defined 

45097 exterior boundary, embracing the whole of them and any inter. 
4509S mediate portions or parcels of land or water not included in or 

45099 made part of the tracts assigned in severalty. Any such inter- 

45100 mediate parcels of land and water shall be owned by the VTiu- 

45101 nebagoes in common, but in case of increase in the tribe, or 

45102 other cause- rendering it necessary or expedient, the said inter- 

45103 mediate parcels of land shall be subject to distribution and as. 

45104 sigument, in severalty, in such manner as the Secretary of the 

45105 Interior shall prescribe and direct. The whole of the lands as. 

45106 signed or unassigned, in severalty, embraced within the said ex- 
4510 7 terior boundary, shall constitute and be known as the Winne- 
4510S bago reservation, within and over which all laws passed or which 

45109 may be passed by Congress regulating trade and intercourse 

45110 with the Indian tribes shall have full force and effect. And no 

45111 white person, except such as shall be in the employment of the 

45112 United States, shall be allowed to reside or go upon any portion 

45113 of said reservation without the written permission of the super- 

45114 intendent of Indian affairs or of the agent for the tribe. Said 

45115 division and assignment of lands to the TTiunebagoes, in sever 

45116 alty, shall be made under the direction of the Secretary of the 

45117 Interior, and, when approved by him, shall be final and conclu- 

45118 sive. Certificates shall be issued by the Commissioner of In- 

45119 dian Affairs for the tracts so assigned, specifying the names of 

45120 the individuals to whom they have been assigned, respectively, 

45121 and that they are for the exclusive use and benefit of themselves, 

45122 their heirs and descendants. And said tracts shall not be alien- 

45123 ated in fee, leased, or otherwise disposed of except to the United 

45124 States, or to other members of the tribe, under such rules and 

45125 regulations as may be prescribed by the Secretary of the Inte- 

45126 rior: and they shall be exempt from taxation, levy, sale, or for 

45127 feiture until otherwise provided for by Congress. Prior to the 

45128 issue of said certificates, the Secretary of the Interior shall make 

45129 such rules aud regulations as he may deem necessary and expe. 

45130 dient respecting the disposition of any of said tracts in case of 

45131 the death of the person or persons to whom they may be as. 

45132 signed, so that the same shall be secured to the families of such 

45133 deceased persons ; and should any of the Indians to whom tracts 

45134 shall be assigned abandon thern, the said Secretary inay take 

45135 such action in relation to the proper disposition thereof as in his 

45136 judgment may be necessary and proper. 

45137 Aeticle 2. For the purpose of procuring the means of 

45138 comfortably establishing the Winnebagoes upon the lands to be 



1013 



45139 assigned to them in severalty, by building them houses, and by 

45140 furnishing them with agricultural implements, sfcock-auiinals, 
4H41 and other necessary aid and facilities for commencing agricul- 

45142 tural pursuits under favorable circumstances, the lands em- 

45143 braced in that portion of their reservation not stipulated to be 

45144 retained and divided, as aforesaid, shall be sold, under the direc- 

45145 tion of the Secretary of the Interior, in parcels not exceeding 

45146 one hundred and sixty acres each, to the highest bidder for ( ash ; 

45147 the sales to be made upon sealed proposals to be duly invited 

45148 by public advertisement. And should any of the tracts so to be 

45149 sold have upon them improvements of any kind which were made 

45150 by or for the Indians, or for Government purposes, the proposals 

45151 therefor must state the price for both the land and improve- 

45152 ments. And if, after assigning to all the members of the tribe 

45153 entitled thereto their proportions of land in severalty, there shall 

45154 remain a surplus of that portion of the reservation retained for 

45155 that purpose, outside of the exterior boundary-line of the lands 

45156 assigned in severalty, the Secretary of the Interior shall be au- 

45157 thorized and empowered, whenever he shall think proper, to 

45158 cause such surplus to be sold in the same manner as the other 

45159 lands to be so disposed of, and the proceeds thereof to be paid 

45160 over to the Winnebagoes, or used and applied for their benefit 

45161 in such manner as he shall deem to be best for them. 

45162 Article 3. The Winnebagoes being anxious to relieve 

45163 themselves from the burden of their present liabilities, and it 

45164 being essential to their welfare and best interests that they 

45165 shall be enabled to commence their new mode of life and pursuits 

45166 free from the annoyance and embarrassment thereof, or which 

45167 may be occasioned thereby, it is agreed that the same shall be 

45168 liquidated and paid out of the fund arising from the sale of their 

45169 surplus lands, so far as found valid and just on an examination 

45170 thereof, to be made by their agent and the superintendent of 

45171 Indian affairs for the northern superintendency, subject to 

45172 revision and confirmation by the Secretary of the Interior. 

45173 Article 4. Should the proceeds of the surplus lands of the 

45174 Winnebagoes not prove to be sufficient to carry out the purposes 

45175 and stipulations of this agreement, and some further aid be, from 

45176 time to time, requisite, to enable said Indians to sustain them- 

45177 selves successfully in agricultural and other industrial pursuits, 

45178 such additional means as may be necessary therefor shall be 

45179 taken from the moneys due and belonging to them under the 

45180 provisions of former treaties, and so much thereof as may be 

45181 required to furnish them further aid, as aforesaid, shall be ap- 

45182 plied in such manner, under the direction of the Secretary of 

45183 the Interior, as he shall consider best calculated to promote 

45184 and advance their improvement and welfare: and, in order to 



1014 



45185 render unnecessary any further treaty engagements or arrange- 

45186 inents, hereafter with the United States, it is hereby agreed and 

45187 stipulated that the President, with the assent of Congress, shall 

45188 have full power to modify or change any of the provisions 

45189 of former treaties with the Winnebagoes in such manner and to 

45190 whatever extent he may judge to be necessary and expedient 

45191 for their welfare and best interest. 

45192 Article 5. The Winnebagoes, parties to this agreement, 

45193 are anxious that all the members of their tribe shall participate 

45194 in the advantages herein provided for respecting their perma- 

45195 nent settlement and their improvement and civilization, and to 

45196 that end, to induce all that are now separated from, to rejoin 

45197 and unite with them. It is therefore agreed that, as soon as 

45198 practicable, the Commissioner of Indian Affairs shall cause the 

45199 necessary proceeding to be adopte]d to have them notified of this 

45200 agreement and its advantages, and to induce them to come in 

45201 and unite with their brethren ; and, to enable them to do so and 

45202 to sustain themselves for a reasonable time thereafter, such assist- 

45203 ance shall be provided for them, at the expense of the tribe, as 

45204 may be actually necessary for those purposes: Provided, however, 

45205 That those who do not rejoin and permanently re-unite them- 

45206 selves with the tribe within one year from the date of the ratifi- 

45207 cation of this agreement, shall not be entitled to the benefit of 

45208 any of its stipulations. 

45209 Article 6. All the expenses connected with and incident 

45210 to the making of this agreement, and the carrying out of its 

45211 provisions, shall be defrayed out of the funds of the Winneba- 

45212 goes. 

45213 Proclaimed March 23, 1861. 



45214 Treaty betivcen the United States of America and the Winnebago 

45215 tribe of Indians, concluded March 8, 1865 ; ratification ad- 

45216 vised, with amendment, February 13,1866; amendment accepted 

45217 February 20, 1866. 

45218 Andrew Johnson, President of the United States of America, 

45219 to all and singular to whom these presents shall come, greet- 

45220 ing : 

45221 Whereas a treaty was made and concluded at the city of 

45222 Washington, in the District of Columbia, on the eighth day of 

45223 March, in the year of our Lord one thousand eight hundred and 

45224 sixty-five, by and between William P. Dole, Clark W. Thompson, 

45225 and St. A. D. Balcombe, commissioners on the part of the United 

45226 States, and Little Hill, Little Dacoria, Whirling Thunder, Young 

45227 Prophet, Good Thunder, Young Crane, aud White Breast, chiefs 



1015 



45228 of the Winnebago tribe of Indians, on the part of said tribe of 

45229 Indians, and duly authorized thereto by them, which treaty is in 

45230 the words and figures following, to wit : 

45231 Articles of treaty made and concluded at Washington, D. C, 

45232 between the United States of America, by their coin mi s- 

45233 sioners, Win. P. Dole, 0. W. Thompson, and St. A. I). Bai 

45234 combe, and the Winnebago tribe of Indians, by their chiefs, 

45235 Little Hill, Little Decoria, Whirling Thunder, Young Pro- 

45236 phet, Good Thunder, and White Breast, on the 8th day of 

45237 March, 1865. 

45238 Article 1. The Winnebago tribe of Indians hereby cede, 

45239 sell, and convey to the United States all their right, title, and 

45240 interest in and to their present reservation in the Territory of 

45241 Dakota, at Ushers Landing, on the Missouri Eiver, the metes 

45242 and bounds whereof being on file in the Indian Department. 

45243 Article 2. In consideration ef the foregoing cession, and 

45244 the valuable improvements thereon, the United States agree to 

45245 set apart for the occupation and future home of the Winnebago 

45246 Indians, forever, all that certain tract or parcel of land ceded to 

45247 the United States by the Omaha tribe of Indians on the sixth 

45248 day of March, A. D. 1865, (see page 569,) situated in the Ter- 

45249 ritory of Nebraska, and described as follows, viz: Commencing 

45250 at a point on the Missouri Eiver four miles due south from the 

45251 north boundary-line of said reservation ; thence west ten miles ; 

45252 thence south four miles ; thence west to the western boundary - 

45253 line of the reservation : thence north to the northern boundary - 

45254 line; thence east to the Missouri Eiver, and thence south along 

45255 the river to the place of beginning. 

45256 Article 3. In further consideration of the foregoing ces- 

45257 sion, and in order that the Winnebagos may be as well situated 

45258 as they were when they were moved from Minnesota, the United 

45259 States agree to errect on their reservation, hereby set apart, a 

45260 good steam saw-mill with a grist-mill attached, and to break and 

45261 fence one hundred acres of land for each band, and supply them 

45262 with seed to sow and plant the same, and shall furnish them 

45263 with two thousand dollars' worth of guns, four hundred horses, 

45264 one hundred cows, two yoke of oxen and wagons, two chains 

45265 each, and five hundred dollars' worth of agricultural implements. 

45266 in addition to those on the reserve hereby ceded. 

45267 Article 4. The United States further agree to erect on said 

45268 reservation an agency building, school-house, warehouse, and 

45269 suitable buildings for the physician, interpreter, miller, engineer, 

45270 carpenter, and blacksmith, and a house 18 by 24 feet, one and 

45271 a half story high, well shingled and substantially finished, for 

45272 each chief. 

45273 Article 5. The United States also stipulate and agree to 



1016 



45274 remove the Winnebago tribe of Indians and their property to 

45275 their new home, and to subsist the tribe one year after their 

45276 arrival there. 

45277 Proclaimed March 28, 1866. 



45278 WYANDOTS. 

45279 Articles of a treaty made and concluded at Saint Mary's, in the 

45280 State of Ohio, between Lewis Cass, commissioner of the United 

45281 States, thereto specially authorized by the President of the 

45282 United States, and the chiefs and warriors of the Wyandot 

45283 tribe of Indians. 

45284 Article 1. The Wyandot tribe of Indians hereby cede to 

45285 the United States all the right reserved to them in two tracts of 

45286 land in the Territory of Michigan, one including the village 

45287 called Brownstown, and the other the village called Magaagua, 

45288 formerly in the possession of the Wyandot tribe of Indians, con - 

45289 taining in the whole not more than five thousand acres of land ; 

45290 which two tracts of land were reserved for the use of the said 

45291 Wyandot tribe of Indians and their descendants, for the term 

45292 of fifty years, agreeably to the provisions of the act of Congress 

45293 passed February 28, 1809, and entitled "An act for the relief of 

45294 certain Alabama and Wyandot Indians." 

45295 Article 2. In consideration of the preceding cession, the 

45296 United States will reserve for the use of the said Wyandott In- 

45297 dians, sections numbered twenty-three, twenty-four, twenty-five, 

45298 twenty-six, thirty-four, thirt3 T -five, thirty-six, twenty-seven, and 

45299 that part of section numbered twenty-two, which contains eight 

45300 acres, and lies on the south side of the river Huron, being in 

45301 the fourth township, south of the base line, and in the ninth 

45302 range east of the first meridian, in the Territory of Michigan, 

45303 and containing four thousand nine hundred and ninety-six acres ; 

45304 and the said tract of land shall be reserved for the use of the 

45305 said W 7 yandott Indians and their descendants, and be secured 

45306 to them in the same manner, and on the same terms and condi- 

45307 tions as is provided in relation to the Alabama Indians by the 

45308 first section of the before-mentioned act of Congress, except that 

45309 the said Wyandott Indians and their descendants shall hold the 

45310 said land so long as they or their descendants shall occupy the 

45311 same. 

45312 Proclaimed January 7, 1819. 



1017 



45313 Treaty between the United States of America and the Wyandott 

453 14 Nation of In dia ns. 

45315 John Tyler, President of the United States of America, to all 
45310 and singular to whom these presents shall come, greeting : 
45317 Whereas a treaty was made and concluded at Upper San 
4531S dusky, Crawford County, Ohio, on the seventeenth day of 

45319 March, in the year of our Lord one thousand eight hundred and 

45320 forty-two, between John Johnston, commissioner on the part of 

45321 the United States, and the chiefs, counsellors, and head-men of 

45322 the Wyandott Nation of Indians, in full council assembled, on 

45323 the other part ; and 

45324 Whereas said treaty having been submitted to the Senate 

45325 for its constitutional action thereon, the Senate did, on the sev- 

45326 en teen th day of August, one thousand eight hundred and forty- 

45327 two, advise and consent to the ratification of said treaty with 

45328 certain amendments ; and 

45329 Whereas the said Indians did, by their chiefs and counsel- 

45330 lors, in full council assembled, on the sixteenth day of Sep- 

45331 tember, one thousand eight hundred and forty-two, give their 

45332 free and voluntary assent to the amendments made by the 

45333 Senate in the resolution aforesaid ; which treaty, resolution of 

45334 the Senate making the amendments to said treaty, and the 

45335 assent of the Indians to said amendments, are in the words 

45336 following, to wit : 

45337 John Tyler, Presideut of the United States of America, by 
4533S John Johnston, formerly agent for Indian affairs, now a citizen of 

45339 the State of Ohio, commissioner duly authorized and appointed 

45340 to treat with the Wyandott Nation of Indians for a cession of all 

45341 their lands lying and being in the States of Ohio and Michi- 

45342 gan ; and the duly constituted chiefs, counsellors, and head-men, 

45343 of the said Wyandott Xatiou, in full council assembled, on the 

45344 other part, have entered into the followiug articles and cou- 

45345 ditions, viz : 

45346 Article 1. The Wyandott Nation of Indians do hereby 

45347 cede to the United States all that tract of land situate, lying, 

45348 and being in the county of Crawford and State of Ohio, com- 

45349 monly known as the residue of the large reserve, being all of 

45350 their remaining lands within the State of Ohio, and containing 

45351 one hundred and nine thousand one hundred and forty-four 

45352 acres, more or less. The said nation also hereby cedes to the 

45353 United States all their right and title to the Wyandott Reserve, 

45354 on both sides of the river Huron, in the State of Michigan, eon 

45355 taining four thousand nine hundred and ninety-six acres, be tbe 

45356 same more or less, being all the remaining lands claimed or set 

45357 apart for the use of the Wyaudotts within the State of Michigan ; 

* 128 i T 



1018 



45353 and the United States hereby promises to pay the sum of five 

45359 hundred dollars towards the expenses of removing the Indians 

45300 of the river Huron to Upper Sandusky, hut before the latter 

453(31 clause of this article is binding on the contracting parties, the 

453G2 consent of the head-men of the river Huron Wyandotts is to be 

45363 had in writing. 

45364 Article 2. In consideration of the foregoing cession, the 

45365 United States hereby grant to the aforesaid Wyandott Xation 

45366 a tract of land west of the Mississippi Eiver, to contain one 

45367 hundred and forty-eight thousand acres, and to be located upon 

45368 any lands owned by the United States, now set apart, or may in 

45369 future be set apart for Indian use, and not already assigned to 

45370 any other tribe or nation. 

45371 Article 3. The United States agree to pay the Wyandott 

45372 Xation a perpetual annuity of seventeen thousand five hundred 

45373 dollars in specie, the first payment to be made within the present 

45374 year, 1842, to enable the nation the more speedily to remove to 

45375 their new home in the West ; this includes all former annuities. 

45376 Article 4. The United States agree to make a permanent 

45377 provision of five hundred dollars per annum, for the support of a 

45378 school, to be under the direction of the chiefs, and for no other 

45379 purpose whatever, the first payment to be made three years 

45380 hence, and afterwards at the payment of the annuity in each 

45381 succeeding year. 

45382 Article 5. The United States agree to pay the Wyandotts 

45383 the full value of their improvements in the country hereby ceded 

45384 by them in Ohio and Michigan, which valuation shall be made 

45385 by two persons to be appointed by the President of the United 

45386 States, who shall be sworn faithfully to do justice to the parties. 

45387 the amount of such valuation to be paid at any time after the 

45388 1st day of April, 1843, as shall be acceptable to the Wyandott 

45389 chiefs, to meet their arrangements for emigrating. 

45390 Article 6. The United States hereby agree to pay the 

45391 debts due by members of the Wyandott Xation to citizens of 

45392 the United States, amounting to twenty-three thousand eight 

45393 hundred and sixty dollars, in conformity to a schedule hereto 

45394 annexed. 

45395 Article 7. The Wyandotts shall be allowed the use and 

45396 occupancy of their improvements until the 1st of April, 1844, on 

45397 the condition that they nor any persons claiming or occupying 

45398 under them by lease or otherwise shall not commit waste or 

45399 damage on the premises hereby ceded, but this is not to prevent 

45400 the United States from surveying and selling the land at any 

45401 time previous to the said 1st day of April, 1844. 

45402 Article 8. The United States engage to provide and sup- 

45403 port a blacksmith and an assistant blacksmith for the Wyandott 



1019 



45404 Nation, and to furnish annually a sufficient quantity of iron, 

45405 steel, coal, files, tools, and all other things necessary and proper 
4540G in such an establishment, and to erect a suitable shop and house 

45407 or houses for the residence of the blacksmith and his assistant. 

45408 Article 9. TheUnited States engage to maintain and sup- 
45401) port a sub-agent and interpreter to reside among the Wyandot ts 

45410 to aid them in the protection of their persons and property, and 

45411 to manage their intercourse with the Government and citizens 

45412 of the United States. 

45413 Article 10. The buildings and farm occupied by the mis- 

45414 sion of the Methodist Episcopal Church shall remain in posses 

45415 sion of the present incumbents until the 1st day of April, 1844, 

45416 and permission is hereby given to harvest and remove the crop 

45417 of fall-grain which may be then sown. 

45418 Article 11. All persons identified as members of the 

45419 Wyandott Nation, and their heirs, and who may emigrate to the 

45420 west, shall participate equally in the benefits of the annuity, and 

45421 all other national privileges, and it is expressly understood thai 

45422 those Avho do not emigrate, and any that may hereafter cease to 

45423 remain with the nation, will not be entitled to the benefits aud 

45424 privileges aforesaid. 

45425 Article 12. Whereas by the 8th article of the treaty of 

45426 Miami Rapids of September 29th, 1817, (proclaimed January 

45427 4, 1819 ; see page 197,) there was granted unto Horouu, or 

45428 Cherokee Boy, a Wyandott chief, one section of land, to contain 

45429 six hundred and forty acres ; and whereas the said Horonu did 

45430 during his life-time sell and convey to James Whitaker one 

45431 quarter-section of said land, containing 160 acres, which sale was 

45432 confirmed by the President of the United States. The said 

45433 Horonu died in the month of March, 1826, having by his last 

45434 will bequeathed the remaining three quarter-sections, contain- 

45435 ing 480 acres, to Squeendehtee and Sooharress, or Isaac Wil- 

45436 liams, they being the nearest of kin to the deceased, now to the 

45437 intent that the purposes of the testator may be fully complied 

45438 with, it is hereby agreed the 480 acres of land, as aforesaid, 

45439 shall be immediately sold under the directions of the President 

45440 of the United States, and the nett proceeds, after deducting all 

45441 expenses, be paid over to the heirs aforesaid. 

45442 Article 13. The chiefs of the Wyandott Nation hereby 

45443 agree to remove their whole people to the west of the Missis 

45444 sippi River without any other cost to the United States than 

45445 the sum of ten thousand dollars ; five thousand dollars of which 

45446 is to be paid the said chiefs when the first detachment of their 

45447 people sets out on their journey to the west, and the remaining 

45448 five thousand dollars on the arrival of the whole nation at the 

45449 place of their destination in the west. 



1020 



45450 Article 14. The United States agree to grant by patent 

45451 in fee-simple to each of the following-named persons, and their 

45452 heirs all of whom are Wyandotts by blood or adoption, one sec- 

45453 tion of laud of six hundred and forty acres each, out of any lands 

45454 west of the Missouri River set apart for Indian use, not already 

45455 claimed or occupied by any person or tribe, viz : Silas Armstrong, 

45456 John M. Armstrong, Matthew R. Walker, William Walker, Joel 

45457 Walker, Charles B. Garrett, George Garrett, George J. Clark, 

45458 Irwin P. Long, Ethan A. Long, Joseph L. Tennery, Robert 

45459 Robertaile, Jared S. Dawson, Joseph Newell, John T. Walker, 

45460 Peter D. Clark, James Rankin, Samuel McCulloch, Elliot Me 

45461 Culloch, Isaiah Walker, William M. Tennery, Henry Clay 

45462 Walker, Ebenezer Z. Reed, and Joel Walker Garrett, and to the 

45463 following chiefs and councillors one section each: Francis A. 

45464 Hicks, James Washington, Squeendehtee, Henry Jaques, Tan 

45465 roonee, Doctor Grey Eyes, George Armstrong, Warpole,' John 

45466 Hicks, Peacock, and George Punch. The lands hereby granted 

45467 to be selected by the grantees, surveyed and patented at the 

45468 expense of the United States, but never to be conveyed by them 

45469 or their heirs without the permission of the President of the 

45470 United States. 

45471 Article 15. The United States agree to pay to William 

45472 Walker and Joel Walker, each, the sum of two hundred and 

45473 fifty dollars, and to John M. Armstrong the sum of one hundred 

45474 and fifty dollars, for services rendered as interpreters in the pro- 

45475 gress of the negotiation ; and to Warpole, a former chief of the 

45476 Wyandott Nation, one hundred and fifty dollars, money ex- 

45477 pended by him as one of the party who accompanied Joseph 
4547S McCutchen, a former commissioner of the United States, to the 

45479 city of Washington in September, 1839. 

45480 Article 16. In the year 1812 the houses, barns, stables, 

45481 fences, horses, cattle, and hogs, with farming utensils and house- 

45482 hold furniture, to a large amount, the property of the late Will- 

45483 iam Walker, of Brown stown, in the Territory of Michigan, was 

45484 destroyed by the enemy while in the occupancy of the United 

45485 States forces ; and by reason of his attachment to the cause of 

45486 his country, being a native citizen, taken prisoner in early life 

45487 by the Wyandott Indians, intermarried, and ever afterward liv- 

45488 ing among them, the evidence of all which is ample and con- 

45489 elusive. There is therefore granted unto Catharine Walker, 

45490 widow of the said William Walker, and to his heirs, the sum of 

45491 three thousand dollars, in full satisfaction of their claim, to be 

45492 paid by the United States to her or them after the ratification 

45493 of this treaty. 

45494 Article 17. There shall be reserved from sale, and forever 

45495 devoted to public use, two acres of ground as near as can be in 



1021 



45496 a square form, to include the stoue meeting-house and bun trig 

45497 ground near to and north of Upper Sandusky, one acre to in- 

45498 elude the burying-ground on the bank near the council-house at 

45499 Upper Sandusky, and one-half acre to include the burj Lng-ground 

45500 on the farm of Silas Armstrong, which several lots of ground 
45504 shall forever remain open and free to all persons for the purpose 

45502 of interment and houses of worship, and for no other purposes 

45503 whatever. 

45504 Article 48. This treaty shall take effect and be obligatory 

45505 on the contracting parties as soon as the same shall be ratified 

45506 by the President of the United States, by and with the advice 

45507 and consent of the Senate thereof. 

45508 Proclaimed October 5, 1842. ■ 



45509 TREATY "WITH THE WYANDOT INDIANS. 



45510 Articles of a convention concluded in the city of Washington this 

45511 first day of April, one thousand eight hundred and fifty, by 

45512 and between Ardavan S. Loughery, commissioner especially ap- 

45513 pointed by the President of the United States, and the under 

45514 signed head chief and deputies of the Wyandot tribe of Indians, 

45515 duly authorized and empowered to act for their tribe. 

45516 Whereas by the treaty of March 17, 1842, (proclaimed 

45517 October 5, 1842; see preceding treaty,) between the United 

45518 States and the Wyandot Nation of Indians, then chiefly re- 

45519 siding within the limits of the State of Ohio, the said nation 

45520 of Indians agreed to sell and transfer, and did thereby sell and 

45521 transfer, to the United States their reservations of land, one hun- 

45522 dred and nine thousand acres of which was in the State of Ohio, 

45523 and six thousand acres was in the State of Michigan, and to re- 

45524 move to the west of the Mississippi River; and 

45525 Whereas among other stipulations it was agreed that the 

45526 United States should convey to said Indians a tract of country 
-45527 for their permanent settlement in the Indian Territory west of 

45528 the Mississippi River, to contain one hundred an [and] forty eight 

45529 thousand acres of land ; and 

45530 Whereas the said Indians never did receive the said one 

45531 hundred and forty-eight thousand acres of land from the United 

45532 States, but were forced to purchase lands from the Delaware 

45533 Nation of Indians, which purchase was agreed to and ratified 

45534 by the United States : 

45535 Now, in order to settle the claim of the Wyandot tribe of 

45536 Indians to said land, the United States having appointed A. S. 



1022 



45537 Loughery a commissioner on their pari, who, with the under - 

45538 signed delegates from the Wyandot Nation, have agreed to the 

45539 following treaty : 

45540 Article 1. The United States, in consideration that the 

45541 Wyandot Nation of Indians shall and do hereby release, relin- 

45542 quish, and give up all claim to the said one hundred and forty - 

45543 eight thousand acres of land agreed to be assigned and given 

45544 to them by the treaty of March 17, 1842, hereby stipulate and 

45545 agree to pay to the said Wyandot tribe of Indians the sum of 

45546 one hundred and eighty-five thousand dollars, being at and after 

45547 the rate of one dollar and twenty-five cents per acre, in the man- 

45548 ner and form following, to wit : One hundred thousand dollars 

45549 to be invested in United States stocks, bearing five per cent, in- 

45550 terest per annum, which interest shall be paid to them at the 

45551 time and in the manner in which their present annuities are 

45552 paid ; and for the purpose of enabling the Wyandot Indians to 

45553 pay and extinguish all their just debts, as well what is now due 

45554 to the Delawares for the purchase of their lands as to others, 

45555 the balance of said sum, being the sum of eighty-five thousand 
4555G dollars, shall be paid to the Wyandot Nation, or on their drafts, 

45557 specifically describing for what the drafts are given. 

45558 Article 2. All the reasonable expenses attending the ne- 

45559 gotiation of this treaty, including a reasonable allowance for the 

45560 expenses of the delegation, signers hereto, in coming to Wash- 

45561 iugtou, whilst here on the business connected herewith, and in 

45562 returning to their nation, shall be defrayed by the United States. 

45563 Proclaimed December 30, 1850. 

45564 Franklin Pierce, President of the United States of Amer- 

45565 ica, to all and singular to whom these presents shall come, 

45566 greeting : 

45567 Whereas a treaty was made and concluded at the city of 

45568 Washington on the thirty-first day of January, in the year of our 

45569 Lord one thousand eight hundred and fifty-five, by George W. 

45570 Manypenny, as commissioner on the part of the United States, 

45571 and the following-named chiefs and delegates of the Wyandott 

45572 tribe of Indians, viz: Tan-roo-mee, Matthew Mudeater, John 

45573 Hicks, Silas Armstrong, George J. Clark, and Joel Walker, 

45574 they being thereto duly authorized by said tribe, which treat}' is 

45575 in the words following, to wit : 

45576 Articles of agreement and convention made and concluded at 

45577 the city of Washington on the thirty-first day of January, 

45578 one thousand eight hundred and fifty-five, by George W. 

45579 Manypenny, as commissioner on the part of the United 

45580 States, and the following-named chiefs and delegates of the 

45581 Wyandott tribe of Indians, viz : Tan-roo-mee, Matthew 



1023 



45582 Mudeator, John Hicks, Silas Armstrong, George J. Chirk, 

45583 and Joel Walker, they being thereto duly authorized by said 

45584 tribe. 

45585 Article 1. The W yandott Indians having become sufli- 

45586 ciently advanced in civilization, and being desirous of becoming 

45587 citizens, it is hereby agreed and stipulated that their organiza 

45588 tion and their relations with the United Stairs as an Indian 
45580 tribe shall be dissolved and terminated on the ratification of 

45590 this agreement, except so far as the further and temporary 

45591 continuance of the same may be necessary in the execution of 

45592 some of the stipulations herein ; and from and after the date of 

45593 such ratification the said Wyandott Indians, and each and everj 

45594 of them, except as hereinafter -provided, shall be deemed, and 

45595 are hereby declared, to be citizens of the United States, to all 
45598 intents and purposes, and shall be entitled to all the rights, 

45597 privileges, aud immunities of such citizens; and shall in all re- 

45598 speets be subject to the laws of the United States and of the 

45599 Territory of Kansas in the same manner as other citizens of 

45600 said Territory; and the jurisdiction of the United States and 

45601 of said Territory shall be extended over the Wyandott country 

45602 in the same manner as over other parts of said Territory. But 

45603 such of the said Indians as may so desire, and make application 

45604 accordingly to the commissioners hereinafter provided for, shall 

45605 be exempt from the immediate operation of the preceding pro 
45608 visions extending citizenship to the Wyandott Indians, and 

45607 shall have continued to them the assistance and protection of 

45608 the United States and an Indian agent in their vicinity for 

45609 such a limited period or periods of time, according to the cir- 

45610 cumstances of the case, as shall be determined by the Commis- 

45611 sioner of Indian Affairs; and on the expiration of such period 

45612 or periods the said exemption, protection, aud assistance shall 

45613 cease; and said persons shall then, also, become citizens of the 

45614 United States, with all the rights and privileges, and subjeel to 

45615 the obligations above stated and defined. 

45616 Article 2. The Wyandott Nation hereby cede and relin- 

45617 quish to the United States all their right, title, and interest in 

45618 and to the tract of country situate in the fork of the Missouri 

45619 and Kansas Eivers, which was purchased by them of the Dela- 

45620 ware Indians, by an agreement dated the fourteenth day of 

45621 December, one thousand eight hundred and forty-three, and 

45622 sanctioned by a joint resolution of Congress approved July 

45623 twenty-fifth, one thousand eight hundred and forty-eight, the 

45624 object of which cession is, that the said lands shall be subdivided, 

45625 assigned, and reconveyed, by patent, in fee-simple, in the manner 

45626 hereinafter provided for, to the individuals and members of the 

45627 Wyandott Nation, in severalty, except as follows, viz: The por 



1024 



45628 tion now enclosed and used as a public burying-ground shall be 

45629 permanently reserved and appropriated for that purpose; two 

45630 acres, to include the church-building of the Methodist Episcopal 

45631 Church, and the present burying- ground connected therewith, 

45632 are hereby reserved, granted, and conveyed to that church; and 

45633 two acres, to include the church-building of the Methodist Epis- 

45634 copal Church, South, are hereby reserved, granted, and conveyed 

45635 to said church. Four acres, at and adjoining the Wyandott 

45636 ferry, across and near the mouth of the Kansas Eiver, shall also 

45637 be reserved, and, together with the rights of the Wyandotts in 

45638 said ferry, shall be sold to the highest bidder among the Wyandott 

45639 people, and the proceeds of sale paid over to the Wyandotts. 

45640 On the payment of the purchase-money in full, a good and 

45641 sufficient title to be secured and conveyed to the purchaser by 

45642 patent from the United States. 

45643 Article 3. As soon as practicable after the ratification of 

45644 this agreement the United States shall cause the lands ceded in 

45645 the preceding article to be surveyed into sections, half and 

45646 quarter sections, to correspond with the public surveys in the 

45647 Territory of Kansas ; and three commissioners shall be appointed, 

45648 one by the United States and two by the Wyandott council, 

45649 whose duty it shall be to cause any additional surveys to be 

45650 made that may be necessary, and to make a fair and just division 

45651 and distribution of the said lands among all the individuals aud 

45652 members of the Wyandott tribe, so that those assigned to or 

45653 for each shall, as nearly as possible, be equal in quantity, and 

45654 also in value, irrespective of the improvements thereon ; and the 

45655 division and assignment of the lands shall be so made as to 

45656 include the houses, and, as tar as practicable, the other improve- 

45657 ments, of each person or family, be in as regular and compact 

45658 a form as possible, and include those for each separate family 

45659 altogether. The judgment aud decision of said commissioners 

45660 on all questions connected with the division and assignment of 

45661 said lands shall be final. 

45662 On the completion of the division and assignment of the 

45663 lands as aforesaid, said commissioners shall cause a plat aud 

45664 schedule to be made, showing the lands assigned to each family 

45665 or individual, and the quantity thereof. They shall also make 

45666 up carefully prepared lists of all the individuals and members 

45667 of the Wyandott tribe — those of each separate family being 

45668 arranged together — which lists shall exhibit, separately, first, 

45669 those families, the heads of which the commissioners, after due 

45670 inquiry and consideration, shall be satisfied are sufficiently 

45671 intelligent, competent, and prudent to control and manage their 

45672 affairs and interests, and also all persons without families. 

45673 Second, those families the heads of which are not competent 



1025 



45674 and proper persons to be entrusted with their shares of the 

45675 money payable under this agreement; and, third, those who 

45676 are orphans, idiots, or insane. Accurate copies of the lists of 

45677 the second and third of the above classes shall be furnished by 

45678 the commissioners to the Wyandott council ; whereupon said 

45679 council shall proceed to appoint or designate the proper person 

45680 or persons to be recognized as the representatives of those of 

45681 the second class, for the purpose of receiving and properly 

45682 applying the sums of money due and payable to or for them, as 

45683 hereinafter provided, and also those who are to be entrusted 

45684 with the guardianship of the individuals of the third class, and 

45685 the custody and management of their rights and interests ; the 

45686 said acts or proceedings of the council, duly authenticated, to 
456S7 be forwarded to the Commissioner of Indian Affairs, and filed in 

45688 his office; and the same shall be annually revised by the said 

45689 council, until the payment of the last instalment of the moneys 

45690 payable to the Wyandotts under this agreement, and such change 

45691 or changes made therein as may, from casualties or otherwise, 

45692 become necessary ; such revisions and changes, duly authen- 

45693 ticated, to be communicated to, and subject to the approval of 

45694 the Commissioner of Indian Affairs. 

45695 The said commissioners shall likewise prepare a list of all 

45696 such persons and families among the Wyandott people as 

45697 may apply to be temporarily exempted from citizenship and 

45698 for continued protection and assistance from the United States 

45699 and an Indian agent, as provided for in the first article of 

45700 this agreement. The agent through and by whom such pro- 

45701 tection and assistance is to be furnished shall be designated 

45702 by the Commissioner of Indian Affairs. 

45703 The aforesaid plat and schedule and lists of persons, duly 

45704 authenticated by the commissioners, shall be forwarded to the 

45705 Commissioner of Indian Affairs and filed in his office, and 

45706 copies of the said plat and schedule and of the list of per- 

45707 sons temporarily exempted from citizenship and entitled to 

45708 the continued protection and assistance of the United States 

45709 and an Indian agent, duly attested by the commissioners, 

45710 shall be filed by them in each of the offices of the secretary 

45711 of the Territory of Kansas and the clerk of the county in 

45712 which the Wyandott lands are situated. 

45713 Article 4. On the receipt, by the Commissioner of Indian 

45714 A If airs, of the plat and schedule, lists of persons, and of the 

45715 first proceedings of the Wyandott council, mentioned in the 

45716 next preceding article, patents shall be issued by the General 

45717 Land-Office of the United States, under the advisement of the 

45718 Commissioner of Indian Affairs, to the individuals of the Wyan- 

45719 dott tribe, for the lands severally assigned to them, as provided 

* 129 I T 



1026 



45720 for in the third article of this agreement, in the following man- 

45721 ner, to wit: To those reported by the commissioners to be com- 

45722 petent to be entrusted with the control and management of their 

45723 affairs and interests, the patents shall contain an absolute and 

45724 unconditional grant in fee-simple, and shall be delivered to 

45725 them by the Commissioner of Indian Affairs as soon as thay 

45726 can be prepared and recorded in the General Land-Office ; but 

45727 to those not so competent the patents shall contain an express 

45728 condition that the lands are not to be sold or alienated for a 

45729 period of five years, and not then without the express consent 

45730 of the President of the United States first being obtained ; and 

45731 the said patents may be withheld by the Commissioner of Indian 

45732 Affairs so long as, in his judgment, their being so withheld 

45733 may be made to operate beneficially upon the character and con- 

45734 duct of the individuals entitled to them. 

45735 None of the lands to be thus assigned and patented to the 

45736 Wyandotts shall be subject to taxation for a period of five 

45737 years from and after the organization of a State government 

45738 over the territory where they reside; and those of the incompe- 

45739 tent classes shall not be aliened or released for a longer period 

45740 than two years, and shall be exempt from levy, sale, or forfeit- 

45741 ure, until otherwise provided by State legislation, with the as- 

45742 sent of Congress. 

45743 Article 5. Disinterested persons, not to exceed three, 

45744 shall be appointed by the Commissioner of Indian Affairs, to 

45745 make a just and fair appraisement of the parsonage houses, and 

45746 other improvements connected therewith, on the Wyandott lands * 

45747 belonging to the Methodist Episcopal Church and the Methodist 

45748 Episcopal Church South, the amounts of which appraisements 

45749 shall be paid to the said churches, respectively, by the individual 

45750 or individuals of the Wyandott tribe to whom the lands on 

45751 which said houses and improvements are shall have been as- 

45752 signed under the provisions of this agreement; said payments 

45753 to be made within a reasonable time, in one or more instalments, 

45754 to be determined by said appraisers; and, until made in full, no 

45755 patent or other evidence of title to the lands so assigned to said 

45756 individual or individuals shall be issued or given to them. 

45757 Article 6. The Wyandott Nation hereby relinquish and 

45758 release the United States from all their rights and claims to an- 

45759 nuity, school moneys, blacksmith establishments, assistance and 

45760 materials, employment of an agent for their benefit, or any other 

45761 object or thing of a national character, and from all the stipula- 

45762 tions and guarantees of that character, provided for or contained 

45763 in former treaties, as well as from any and all other claims or 

45764 demands whatsoever, as a nation, arising under any treaty or 

45765 transaction between them and the Government of the United 



1027 



45766 States. In consideration of which release and relinquishment 

45767 the United States hereby agree to pay to the Wyandott Nation 

45768 the sum of three hundred and eighty thousand dollars, to be 

45769 equally distributed and paid to all the individuals and members 

45770 of the said nation, in three annual instalments, payable in the 

45771 months of October, commencing the present year; the shares 

45772 of the families whose heads the commissioners shall have de- 

45773 cided not to be competent or proper persons to receive the same, 

45774 and those of orphans, idiots, and insane persons, to be paid to 

45775 and receipted for by the individuals designated or appointed by 
4577G the Wyandott council to act as their representatives and guard- 

45777 ians. 

45778 Such part of the annuity, under the treaty of one thousand 

45779 eight hundred and forty-two, as shall have accrued, and may re- 

45780 main unpaid at the date of the payment of the first of the above- 

45781 mentioned instalments, shall then be paid to the Wyandotts, and 

45782 be in full and a final discharge of said annuity. 

45783 Article 7. The sum of one hundred thousand dollars, invest- 

45784 ed under the treaty of one thousand eight hundred and fifty, to- 

45785 gether with any accumulation of said })rincipal sum, shall be 

45786 paid over to the Wyandotts, in like manner with the three hun- 

45787 dred and eighty thousand dollars mentioned in the next pre- 

45788 ceding article, but in two equal annual instalments, commencing 

45789 one year after the payment of the last instalment of said above- 

45790 mentioned sum. In the mean time the interest on the said in- 

45791 vested fund, and on any accumulation thereof, together with the 

45792 amount which shall be realized from the disposition of the ferry 

45793 and the land connected therewith, the sale of which is provided 

45794 for in the second article of this agreement, shall be paid over to 

45795 the Wyandott council, and applied and expended, by regular 

45796 appropriaiion of the legislative committee cf the Wyandott 

45797 Nation, for the support of schools, and for other purposes of a 

45798 strictly national or public character. 

45799 Article 8. The persons to be included in the apportion- 

45800 ment of the lands and money to be divided and paid under the 

45801 provisions of this agreement shall be such only as are actual 

45802 members of the Wyaudott Nation, their heirs and legal repre- 

45803 sentatives, at the date of the ratification hereof, and as are enti- 

45804 tied to share in the property and funds of said nation, according 

45805 to the laws, usages, and customs thereof. 

45806 Article 9. It is stipulated and agreed that each of the in- 

45807 dividuals to whom reservations were granted by the fourteenth 

45808 article of the treaty of March seventeenth, one thousand eight 

45809 hundred and forty-two, or their heirs or legal representatives, 

45810 shall be permitted to select and locate said reservation on auy 

45811 Government lands west of the States of Missouri and Iowa, sub- 



1028 



45812 ject to pre-emption and settlement, said reservations to be pat- 

45813 ented by the United States, in the names of the reservees, as 

45814 soon as practicable after the selections are made; and the res- 

45815 ervees, their heirs or proper representatives, shall have the un- 

45816 restricted right to sell and convey the same whenever they may 
458 L7 think proper ; but, in cases where any of said reservees may not 

45818 be sufficiently prudent and competent to manage their affairs in 

45819 a proper manner, which shall be determined by the Wyandott 

45820 council, or where any of them have died leaving minor heirs, 

45821 the said council shall appoint proper and discreet persons to act 

45822 for such incompetent persons and minor heirs in the sale of the- 

45823 reservations, and the custody and management of the proceeds 

45824 thereof, the persons so appointed to have full authority to sell 

45825 and dispose of the reservations in such cases, and to make and 

45826 execute a good and valid title thereto. . 

45827 The selections of said reservations, upon being reported to 

45828 the surveyor-general of the district in which they are made, 

45829 shall be entered upon the township plats and reported, without de- 

45830 lay, to the Commissioner of the General Land-Office, and patents 

45831 issued to the reservees accordingly. And any selection of, set- 
45^;32 tlement upon, or claim to, land included in any of said reserva- 

45833 tions made by any other person or persons after the same shall 

45834 have been selected by the reservees, their herrs, or legal repre- 

45835 sentatives, shall be null and void. 

45836 Article 10. It is expressly understood that all the ex- 

45837 penses connected vs itb the subdivision and assignment of the 

45838 TTyandott lands, as provided for in the third article hereof, or 

45839 with any other measure or proceeding which shall be necessary 

45840 to carry out the provisions of this agreement, shall be borne 

45841 and defrayed by the Wyandotts, except those of the survey of 

43842 the lands into sections, half and quarter sections, the issue of 

43843 the patents, and the employment of the commissioner to be ap- 

45844 pointed by the United States, which shall be paid by the United 

45845 States. 

45846 Article 11. This instrument shall be obligatory on the con- 

45847 tracting parties whenever the same shall beratined by the Presi- 
43848 dent and the Senate of the United States. 

45849 Proclaimed March 1, 1855. 



1029 



4585) WYANDOTS IX OHIO. 

45351 Articles of a treaty made and concluded between John A. Bryan, 

45852 commissioner on the part of the United States, and William 

45853 Walker, John Barnett, and Peacock, chiefs and principal men 

45854 of the Wyandot tribe of Indians in Ohio, acting for and on 

45855 behalf of the said tribe. 

45356 Article 1. The Wyandot tribe of Indians in Ohio cede to 

45857 the United States a strip of land five miles in extent on the 

4:5SoS east end of their reservation in Crawford County, in said State ; 

45859 also one section of land lying in Cranberry Swamp, on Broken 

45880 Sword Creek, being the one mile square specified ai:d set forth 

458111 in the treaty made with the said tribe on the twenty-niuth day 

45862 of September, in the year of our Lord one thousand eight huu- 

45863 dred and seventeen, (proclaimed January 4, 1819, see page 199;) 

45864 also one hundred and sixty acres of laud which is to be re- 
15865 ceived in the place and stead of an equal quantity set apart in 

45866 a supplemental treaty made with the said Indians on the seven- 

45867 teeuth day of September in the following year, all situate and 

45868 being in the said county of Crawford. 

45869 Article 2. The said five-mile tract, as also the additional 

45870 quantities herein set forth, are each to be surveyed as other pub- 
4587 L lie lands are surveyed by the surveyor-general, and to be sold 
45372 at such time and place, allowing sixty days' notice of the sale, 

45873 as the President may direct. 

45874 Article 3. A register and receiver shall be appointed by 

45375 the President and Senate, in accordance with the wishes of the 

45376 delegation of chiefs, whose duties shall be similar to those of 

45877 other registers and receivers. They shall receive such com- 

45878 pensation for services rendered, not exceeding five dollars per 

45879 day for every day necessarily employed in the discharge of their 

45880 duties, as the President may determine. 

45881 Article 4. Ail expenses incurred in the execution of this 

45882 treaty, and in the sale of the lauds included in it, shall be de- 

45883 frayed out of the funds raised therefrom, including such expenses 

45884 and disbursements as may have been incurred by the delegation 

45885 to Washington, and such allowance to individuals who have as- 

45886 sisted in the negotiation as the chiefs in council, after a full and 

45887 fair investigation, may adjudge to be reasonable and just, shall 

45888 in all cases be made. 

45889 Article 5. Such portion of the monies, not exceediug 
45390 twenty thousand dollars, arising from the sales as the chiefs 

45891 may deem necessary for the rebuilding of mills, repair and iui- 

45892 provement of roads, establishing schools, and other laudable 



1030 



45S93 public objects for the improvement of their condition, shall be 

45894 properly applied under their direction, and the remainder to be 

45895 distributed among the individuals of said tribe as annuities are 

45896 distributed. 

45897 Article 6. The monies raised by the sales of the lands for 

45898 all the above-mentioned objects, except the last, shall be paid 

45899 by the receiver on the order of the chiefs ; and such order, to- 

45900 gether with the receipt of the persons to whom payment shall 

45901 be made, shall be the proper voucher for the final settlement of 

45902 the accounts of the receiver ; but the funds for the tribe shall 

45903 be distributed by the register and receiver to each person enti- 

45904 tied thereto. 

45905 Article 7. By the 21st article of the treaty concluded at 

45906 the foot of the rapids of the Miami of Lake Erie, dated the 

45907 twenty-ninth day of September, in the year one thousand eight 

45908 hundred and seventeen, (see page 197,; and the schedule 

45909 thereunto attached, there was granted to Daonquot, or Half 

45910 King; Rontondee, or Warpole; Tayarrontoyea, or Between the 

45911 Logs; Dan wanton t, or John Hicks; Mononcue, or Thomas; 

45912 Tayondottauseh, or George Punch ; Hondaua-waugh, or Mat- 

45913 thews, chiefs of the Wyandot Nation, two sections of land each 

45914 within the Wyandot reservation. The aforesaid chiefs, their 

45915 heirs or legal representatives, are entitled to and allowed one 

45916 section of land each in the above designated tract of five miles 
49917 to be selected by them previous to sale, and the same shall be 

45918 sold as the other lands are sold, and they allowed to receive the 

45919 respective sums arising from said sale. 

45920 Article 8. If during the progress of the sale the Indians 

45921 are not satisfied with the prices at which the lands sell, the reg- 

45922 ister and receiver shall, on the written application of the chiefs, 

45923 close the sale, and report the proceedings to the War Depart- 

45924 ment, and the President may appoint such other time for the 

45925 sale as he may deem proper. 

45926 Article 9. The President shall give such directions as he 

45927 may judge necessary for the execution of this treaty, through 

45928 the proper Departments of the Government. 

45929 Proclaimed May 16, 1836. 



45930 WYANDOTS OF BIG SPRING, CRAWFORD COUNTY, 

45931 OHIO. 

45932 Articles of agreement and convention made and concluded at Mc- 

45933 Cutclieonsville, Crawford County, Ohio, on the nineteenth day 

45934 of January, 1832, by and between James B. Gardiner, specially 



1031 



45935 appointed commissioner on the part of the United States, and 

45936 the chiefs, head-men, and warriors of the bond of Wyandots 

45937 residing at the Big Spring, in said county of Crawford, and 

45938 owning a reservation o/ 16,000 acres at that place 

45939 Whereas the said band of Wyandots have become fully con- 

45940 vinced that whilst they remain in their present situation in the 

45941 State of Ohio, in the vicinity of a white population, which is 

45942 continually increasing and crowding around them, they cannot 

45943 prosper and be happy, and the morals of many of their people 

45944 will be daily becoming more and more vitiated, and under- 

45945 standing that the Government of the United States is willing 

45946 to purchase the reservation of land on which they reside, and 

45947 for that purpose have deputed the said James B. Gardiner as 

45948 special commissioner to treat for a cession of the same : There- 

45949 fore, to effect the aforesaid objects, the said chiefs, head-men, 

45950 and warriors, and the said James B. Gardiner, have this day 

45951 entered into and agreed upon the following articles of conven- 

45952 tion : 

45953 Article 1. The band of Wyandots residing at the Big 

45954 Spring, in the county of Crawford, and State of Ohio, do hereby 

45955 forever cede and relinquish to the United States the reservation 

45956 of sixteen thousand acres of land, granted to them by the sec- 

45957 ond article of the treaty made at St. Mary's, on the seventeenth 

45958 day of September, eighteen hundred and eighteen, (proclaimed 

45959 January 7, 1819 ; see next treaty,) which grant is in the folio w- 

45960 ing words, to wit: " There shall be reserved for the use of the 

45961 Wyandots residing at Solomon's Town and on Blanchard's Fork 

45962 sixteen thousand acres of land, to be laid off in a square form, 

45963 on the head of Blanchard's Fork, the centre of which shall be at 

45964 the Big Spring, on the road leading from Upper Sandusky to 

45965 Fort Findlay," 

45966 Article 2. The United States stipulate with the said band 

45967 of Wyandots that, as soon as practicable after the ratification 

45968 of this treaty, the aforesaid tract of sixteen thousand acres shall 

45969 be surveyed into sections, and put into market, and sold in the 

45970 ordinary manner of selling the public lands of the United States ; 

45971 and when the same shall be sold, or as soon as any part thereof 

45972 shall be disposed of, (be the price received therefor more or less,) 

45973 there shall be paid to the chiefs, head-men, and warriors sign- 

45974 ing this treaty, for the benefit of all the said band of Wyandots, 

45975 the sum of one dollar and twenty-live cents per acre for each 

45976 and every acre so sold or for sale. The said price shall be paid 

45977 in silver, and in the current coin of the United States. 

45978 Article 3. For the improvements now made upon said 

45979 reservation the United States agree to pay a fair valuation in 



1032 



45980 money according to the appraisement of Joseph McCutcheou, 

45981 esq., (or such person as the Secretary of War may depute for 
459S2 that purpose.) and an appraiser to be chosen by the said baud of 

45983 Wyandots. And in case the said appraisers shall not be able 

45984 to agree upon any of their valuations, they shall call to their 

45985 assistance some competent citizen of the county of Crawford. 
459SG Article 4. There shall [be] reserved for Ro-nu nas, one 

45987 of the oldest chiefs of said band, one half section, to contain 

45988 three hundred and twenty acres, and to include the improve- 

45989 ments where he now lives. 

45990 Article 5. It is expressly understood between the present 

45991 contracting parties that the said band of Wyandots may, as 

45992 they think proper, remove to Canada or to the river Huron, in 

45993 Michigan, where they own a reservation of land, or to any place 

45994 they may obtain a right or privilege from other Indians to go. 

45995 Article 6. Insomuch as the band of Wyandots herein 
4599G treating have separated themselves from the Wyandots at 

45997 Upper Sandusky and on Sandusky plains, they ask of the 

45998 General Government that there may be a special sub agent and 

45999 protector appointed for them whilst they remain in the State of 

46000 Ohio, and they respectfully recommend Joseph McCutcheou, 

46001 esq., of the county of Crawford, as a fit and proper person to act 

46002 in such capacity ; and that he may have the power to employ 

46003 such interpreter as he may think proper in his intercourse witli 

46004 said band. 

46005 Proclaimed April 6, 1832. 



46006 WYANDOTS, DELAWARES, SHAWNOESE, ETC. 



46007 A treaty of peace and friendship between the United States of 

46008 America and the tribes of Indians called the Wyandots, Bela- 

46009 wares, Shaivnoese, Senecas, and Miamies. 

46010 The said United States of America, by William Henry 

46011 Harrison, late a major-general in the Army of the United States? 

46012 and Lewis Cass, governor of the Michigan Territory, duly au- 

46013 thorised and appointed commissioners for the purpose, and the 

46014 said tribes by their head-men, chiefs, and warriors assembled 

46015 at Greenville, in the State of Ohio, have agreed to the following 

46016 articles, which, when ratified by the President of the United 

46017 States, by and with the advice and consent of the Senate there- 

46018 of, shall be binding upon them and the said tribes : 

46019 Article 1. The United States and the Wyandots, Dela- 

46020 wares, Shawnoese, and Senecas give peace to the Miainie Nation 



1038 



46021 of Indians, formerly designated as the Miainie Bel River and 

46022 Weea tribes; they extend this indulgence also to the bands of 

46023 the Putawatimies, which adhere to the Grand Sachem Tobinipee, 

46024 and to the chief Onoxa, to the Ottawas of Blanchard's Creek, 

46025 who have attached themselves to the Shawanoese bribe, and to 

46026 such of the said tribe as adhere to the chief called the Wing, in 

46027 the neighborhood of Detroit, and to the Kickapoos, under the 

46028 direction of their chiefs who sign this treaty. 

46029 Article 2. The tribes and bauds above mentioned engage 

46030 to give their aid to the United States in prosecuting the war 

46031 against Great Britain and such of the Indian tribes as still con. 

46032 tiuue hostile, and to make no peace with either without the 

46033 consent of the United States. The assistance herein stipulated 

46034 for is to consist of such a number of their warriors from each 

46035 tribe as the President of the United States, or any officer having 

46036 his authority therefor, may require. 

46037 Article 3. The Wyandot tribe, and the Senecas of San- 

46038 dusky and Stony Creek, the Delaware and Shawanoese tribes, who 

46039 have preserved their fidelity to the United States throughout 

46040 the war, again acknowledge themselves under the protection of 

46041 the said States, and of no other power whatever ; and agree to 

46042 aid the United States in the manner stipulated for in the former 

46043 article, and to make no peace but with the consent of the said 

46044 States. 

46045 Article 4. In the event of a faithful performance of the 

46046 conditions of this treaty, the United States will confirm and 

46047 establish all the boundaries between their lands and those of 

46048 the Wyandots, Delawares, Shawanoese, and Mi amies as they 

46049 existed previously to the commencement of the war. 

46050 Proclaimed December 21, 1814. 



46051 WYANDOTS, SENEGAS, SHAWNESE, AND OTTAWAS. 

46052 Articles of a treaty made and concluded at St. Mary's, in the State 

46053 of Ohio, between Lewis Cass and Duncan Mc Arthur, commis- 

46054 sioners of the United States, with full power and authority to 

46055 hold conferences, and conclude and sign a treaty or treaties, 

46056 with all or any of the tribes or nations of Indians within the 

46057 boundaries of the state of Ohio, of and concerning all matters 

46058 interesting to the United States and the said nations of Indians, 

46059 and the sachems, chiefs, and warriors of the Wyandot, Seneca, 

46060 Shawnese, and Ottawas tribes of Indians ; being supplementary 

46061 to the treaty made and concluded with the said tribes, and the 

46062 Delaware, Potawatomie, and Chippewa tribes of Indians, at 

46063 the foot of the rapids of the Miami of Lake Erie, on the twenty-. 

* 130 i T 



1034 



46064 ninth day of September, in the year of our Lord one thousand 

46065 eight hundred and seventeen. 

46066 Article 1. It is agreed between the United States and 

46067 the parties hereunto that the several tracts of land described 

46068 in the treat}' to which this is supplementary, and agreed thereby 

46069 to be granted by the United States to the chiefs of the respect- 

46070 ive tribes named therein, for the use of the individuals of the 

46071 said tribes, and also the tract described in the twentieth article 

46072 of the said treaty, shall not be thus granted, but shall be ex- 

46073 cepted from the cession made by the said tribes to the United 

46074 States, reserved for the use of the said Indians, and held by 

46075 them in the same manner as Indian reservations have been 

46076 heretofore held. But [it] is further agreed that the tracts thus 

46077 reserved shall be reserved for the use of the Indians named in 

46078 the schedule to the said treaty, and held by them and their heirs 

46079 forever, unless ceded to the United States. 

46080 Article 2. It is also agreed that there shall be reserved 

46081 for the use of the Wyandots, in addition to the reservations be- 

46082 fore made, fifty-five thousand six hundred and eighty acres of 

46083 land, to be laid off in two tracts, the first to adjoin the south 

46084 line of the section of six hundred and forty acres of land hereto- 

46085 fore reserved for the Wyandot chief, the Cherokee Boy, and to 

46086 extend south to the north line of the reserve of twelve miles 

46087 square, at Upper Sandusky, and the other to adjoin the east 

46088 line of the reserve of twelve miles square at Upper Sandusky, 

46089 and to extend east for quantity. 

46090 There shall also be reserved for the use of the Wyandots 

46091 residing at Solomon's Town, and on Blanchard's Fork, in addi- 

46092 tion to the reservations before made, sixteen thousand acres of 

46093 land, to be laid off in a square form, on the head of Blanchard's 

46094 Fork, the centre of which shall be at the Big Spring, on the 

46095 trace leading from Upper Sandusky to Fort Findlay, and one 

46096 hundred and sixty acres of land, for the use of the Wyandots, 

46097 on the west side of the Sandusky River, adjoining the said river, 

46098 and the lower line of two sections of land, agreed by the treaty, 

46099 to which this is supplementary, to be granted to Elizabeth 

46100 Whitaker. 

46101 There shall also be reserved for the use of the Shawnese, 

46102 in addition to the reservations before made, twelve thousand 

46103 eight hundred acres of land, to be laid off adjoining the east 

46104 line of their reserve of ten miles square at Wapaughkonetta ; 
16105 and for the use of the Shawnese and Senecas, eight thousand 

46106 nine hundred and sixty acres of land, to be laid off adjoining 

46107 the west line of the reserve of forty-eight square miles at Lewis- 

46108 town. And the last reserve hereby made, and the former reserve 

46109 at the same place, shall be equally divided by an east and west 



1035 



46110 liue, to be drawn through the same. And the north half of the 

46111 said tract shall be reserved for the use of the Senecas who reside 

46112 there, aud the south half for the use of the Sha wnese who reside 

46113 there. 

46114 There shall also be reserved for the use of the Senecas, in 

46115 addition to the reservations before made, ten thousand acres of 

46116 land, to be laid off on the east side of the Sandusky River, ad- 

46117 joining the south line of their reservation of thirty thousand 

46118 acres of land, which begins on the Sandusky River, at the lower 

46119 corner of William Spicers section, and excluding therefrom the 

46120 said William Spicer's section. 

46121 Article 3. It is hereby agreed that the tracts of land, 

46122 which by the eighth article of the treaty to which this is sup- 

46123 plementary, are to be granted by the United States to the per- 

46124 sons therein mentioned, shall never be conveyed, by them or 

46125 their heirs, without the permission of the President of the United 

46126 States. 

46127 Article 4. The United States agree to pay to the Wyan- 

46128 dots an additional annuity of five hundred dollars, forever; to 

46129 the Shawnese, and to the Senecas of Lewistown, an additional 

46130 annuity of one thousand dollars, forever; and to the Senecas 

46131 an additional annuity of five hundred dollars, forever ; and to the 

46132 Ottawas an additional aunuity of one thousand five hundred dol- 

46133 lars, forever. And these annuities shall be paid at the places, 

46134 and in the manner prescribed by the treaty to which this is 

46135 supplementary. 

46136 Article 5. This treaty shall take effect, and be obligatory 

46137 on the contracting parties as soon as the same shall be ratified 

46138 by the President of the United States, by aud with the advice 

46139 and consent of the Senate thereof. 

46140 Proclaimed January 4, 1819. 



46141 WYANDOTS, SENECAS, AND SHAWNEES. 

46142 Articles of agreement and convention, made and concluded at Lewis- 

46143 town, in the county of Logan, and State of Ohio, on the twen- 

46144 tieth day of July, in the year of our Lord one thousand eight 

46145 hundred and thirty -one, by and, between James B. Gardiner, 

46146 specially appointed commissioner on the part of the United 

46147 States, and John McElrain, Indian agent for the Wyandots, 

46148 Senecas, and Shawnees, on the one part, and the undersigned 

46149 principal chiefs and warriors of the mixed band of Seneca and 

46150 Shawnee Indians residing at and around the said Lewistown , 

46151 of the other part, for the cession of the lands now owned and 



1036 



46152 occupied by said band, lying on the wafers of the Great Miami 

48153 River, and within the territorial limits of the organized county 

46154 of Logan, in said State of Ohio. 

46155 Whereas the President of the United States, under the 

46156 authoritory of the act of Congress approved May 28th, 1830, has 

46157 appointed a special commissioner to confer with the different 

46158 Indian tribes residing within the constitutional limits of the 

46159 State of Ohio, and to offer for their acceptance the provisions 

46160 contained in the before recited act ; and whereas the mixed 

46161 band or tribes of Seneca and Shawnee Indians residing at and 

46162 around Lew is town in said State have expressed their perfect 

46163 assent to the conditions of said act, and their willingness and 

46164 anxiety to remove west of the Mississippi Eiver, in order to 

46165 obtain a more permanent and advantageous home for themselves 

46166 and their posterity : Therefore, in order to carry into effect the 

46167 aforesaid objects, the following articles have been agreed upon 

46168 by the aforesaid contracting parties ; which, when approved by 

46169 the President and ratified by the Senate of the United States, 

46170 shall be mutually binding upon the United States and the said 

46171 Seneca and Shawnee Indians. 

46172 Article L The Seneca and Shawnee Indians, residing at 

46173 and around Lewistown in the State of Ohio, in consideration of 

46174 the stipulations herein made on the part of the United States, 

46175 do forever cede, release, and quit-claim to the United States 

46176 the lands granted to them by patent in fee-simple by the sixth 

46177 article of the treaty made at the foot of the rapids of the Miami 

46178 Eiver of Lake Erie, on the twenty ninth day of September, in the 

46179 year 1817, (see page 197,) containing forty-eight square miles, and 

46180 described in said treaty as follows: " Beginning at the intersection 

46181 of the line run by Charles Roberts in the year one thousand eight 

46182 hundred and twelve, from the source of the Little Miami Eiver, 

46183 to the source of the Scioto Eiver, in pursuance of instructions 

46184 from the commissioners appointed on the part of the United 

46185 States to establish the western boundary of the Virginia mili- 

46186 tary reservation, with the Indian boundary-line established by 

46187 the treaty of Greenville in one thousand seven hundred and 

46188 ninety-five from the crossings above Fort Lawrence to Laramie's 

46189 Store, and to run from such intersection, northerly, with the first- 

46190 mentioned line, so as to include the quantity as nearly in a square 

46191 form as practicable, after excluding the section of land granted to 

46192 Nancy Stewart." And the said Senecas and Shawnees also 

46193 cede to the United States, in manner aforesaid, one other tract 

46194 of land, reserved for them by the second article of the treaty 

46195 t made at St. Mary's, in Ohio, on the seventeenth of September, 

46196 in the year 1818, (preceding treaty,) which tract is described in 

46197 said treaty as follows : u Eight thousand nine hundred and sixty 



1037 



46198 acres to be laid off adjoining the west line of the reserve of forty 

46199 eight square miles at Lewistown." 

46200 Article 2. In consideration of the cessions stipulated in 

46201 the foregoing article the United States agree to cause the said 

46202 band of Senecas and Shawnees, consisting of about three hun- 

46203 died souls, to be removed in a convenient and suitable manner 

46204 to the western side of the Mississippi River, and will giant by 

46205 patent, in fee-simple, to them and their heirs forever, as long as 

46206 they shall exist as a nation and remain on the same, a tract of 

46207 land to contain sixty thousand acres, to be located under the 

46208 direction of the President of the United States, contiguous to 

46209 the lands granted to the Senecas of Sandusky by the treaty 

46210 made with them at the city of Washington, on the 28th of Feb- 

46211 ruary, 1831, and the Cherokee settlement. The east line of said 

46212 tract shall be within two miles of the west line of the lands 

46213 granted to the Senecas of Sandusky, and the south line shall 

46214 be within two miles of the north line of the lands held by the 

46215 Cherokees ; and said two miles between the aforesaid lines, shall 

46216 serve as a common passway between the before-mentioned tribes 

46217 to prevent them from intruding upon the lands of each other. 

46218 Article 3. The United States will defray the expense of 

46219 the removal of the said Senecas and Shawnees, and will ruore- 

46220 over supply them with a sufficiency of good and wholesome pro- 

46221 visions to support them for one year after their arrival at their 

46222 new residence. 

46223 Article 4. Out of the first sales to be made of the lands 

46224 herein ceded by the said Senecas and Shawnees, the United 

46225 States will cause a saw-mill and a blacksmith shop to be erected 

46226 on the lands granted to the said Indians west of the Mississippi, 

46227 with all necessary machinery and tools, to be supported and 

46228 kept in operation at the expense of the United States, for the 

46229 mutual and sole benefit of the said Senecas and Shawnees, and 

46230 the United States will employ a blacksmith to execute the nec- 

46231 essary work for the said Indians for such time as the President 

46232 of the United States, in his discretion, may think proper. 

46233 Article 5. In lieu of the improvements which have been 

46234 made on the lands herein ceded, it is agreed that the United 

46235 States shall advance to the said Senecas and Shawnees the sum 

46236 of six thousand dollars, to be re-imbursed from the sales of the 

46237 lands herein ceded by them to the United States. A fair and 

46238 equitable distribution of this sum shall be made by the chiefs 

46239 of the said Senecas and Shawnees, with the consent of their 

46240 tribes in general council assembled, to snch individuals of the 

46241 tribes as, having left improvements, may be properly entitled to 

46242 the same. 

46243 Article 6. The live stock, farming utensils, and other chat- 



1038 



46244 tel property, which the said Senecas and Shawnees now own, and 

46245 may not be able to carry with them, shall be sold under the 
413246 superinteudance of some suitable person appointed by the Secre- 

46247 tary of War, and the proceeds paid over to owners of such prop- 

46248 erty respectively. 

46249 Article 7. The said Senecas and Shawnees shall be re- 

46250 moved to their new residence under the care and protection of 

46251 some competent and proper person, friendly to them and ac- 

46252 quainted with their habits, manners, and customs ; and the chiefs 

46253 of the said tribes shall have the privilege of nominating such 

46254 person to the President, who, if approved of by him, shall have 

46255 charge of their conveyance. 

46256 Article 8. The United States will expose to public sale to 

46257 the highest bidders, in the manner of selling the public lands, 

46258 the tracts of land herein ceded by the Senecas and Shawnees ; 

46259 and after deducting from the proceeds of such sale the sum of 

46260 seventy cents per acre, exclusive of the cost of surveying the 

46261 lands, the cost of the saw-mill and blacksmith shop, and the sum of 

46262 six thousand dollars to be advanced in lieu of the improvements 

46263 on the ceded lands, it is agreed that any balance which may re- 

46264 main of the lands after sale as aforesaid, shall constitute a fund 

46265 for the future necessities of said tribes, on which the Government 

46266 of the United States agree and consent to pay to the chiefs for 
4G267 the use and general benefit of the said tribes annually, five per 

46268 cent, on the amount of the said balance as an annuity. Said fund 

46269 to be continued during the pleasure of Congress, unless the 

46270 chiefs of the said tribes, by and with the consent of the whole of, 

46271 their people in general council assembled, should desire that the 

46272 fund thus to be created shall be dissolved and paid over to 

46273 them, in which case the President shall cause the same to be 

46274 paid over, if in his discretion he shall think the happiness and 

46275 prosp Q rity of said tribes would be promoted thereby. 

46276 Article 9. It is agreed that any annuities accruing to the 

46277 said Senecas and Shawnees by former treaties shall be paid to 

46278 them at their intended residence west of the Mississippi, under 

46279 the direction of the President. 

46280 Article 10. In consideration of the former good conduct 

46281 and friendly disposition of the aforesaid baud of Senecas and 

46282 Shawnees towards the American Government, and as an earnest 

46283 of the kind feelings and good wishes of their Great Father for 

46284 the future welfare and happiness of themselves and their pos- 

46285 terity, it is agreed that the United States will give them, as 

46286 presents, the following articles, to wit : one hundred blankets, 
43287 twenty ploughs, one hundred hoes, fifty axes, ten rifles, twenty 

46288 sets of horse gears, and Eussia sheeting sufficient to make forty 

46289 tents ; the whole to be delivered to them as soon as practicable 



1089 



46290 after their arrival at their new residence, except the blankets 

46291 and the Bussia sheeting for the tents, which shall be giveu at 

46292 the time of their setting out on their journey ; all of said articles 

46293 to be distributed by the chiefs according to the just claims and 

46294 necessities of their people. 

46295 Article 11. The lands granted by this agreement and con- 

46296 ventiou to the said baud of Senecas and Shawnees shall not be 

46297 sold or ceded by them except to the United States. And the 

46298 United States guarantee that said lands shall never be within 

46299 the bounds of any State or Territory, nor subject to the la ws 

46300 thereof; and further, that the President of the United States will 

46301 cause said tribes to be protected at their new residence against 

46302 all interruption or disturbance from any other tribe or nation 

46303 of Indians, or from any other person or persons whatever; aud 

46304 he shall have the same care and superintendence over them in 

46305 the country to which they may design to remove, that he has 

46306 heretofore had over them at their present place of residence. 

46307 Artcle 12. At the request of the chiefs of the Senecas and 

46308 Shawnees, there is granted to James McPherson one half section 

46309 of laud, to contain three hundred and twenty acres, to be laid off 

46310 in such part of the lands here ceded as he may select, so that 

46311 the said half section shall adjoin the land heretofore donated to 

46312 him near the southeast corner of that part of the lands herein 

46313 ceded which was assigned to the Shawnees by the second article 

46314 of the treaty made at St. Mary's, on the 17th of September, 

46315 1818. And this grant was made in consideration of the sincere 

46316 attachment of the said chiefs and their people for the said James 

46317 McPherson, who has lived among them and near them for forty 

46318 years, aud from whom they have received numerous and valuable 

46319 services and benefits ; and also in consideration of the able and 

46320 candid manner in which he has explained to the Indians the 

46321 policy of the United States in regard to the future welfare aud 

46322 permanent settlement of the Indian tribes. 

46323 Article 13. At the request of the aforesaid chiefs, there is 

46324 hereby granted to Henry H. McPherson, an adopted son of their 

46325 nation, a half section of land, to contain three hundred and 

46326 twenty acres, to be added to a half section of land granted to 

46327 him by the said chiefs on the 20th day of March, 1821, and ap- 

46328 proved by the President of the United States, which is to be 

46329 so laid off as to enlarge the last-mentioned grant to a square sec- 

46330 tion. 

46331 Article 14. Akthe special request of the aforesaid chiefs, 

46332 one quarter section of land, to contain one hundred and sixty 

46333 acres, is hereby granted to Martin Lane, their interpreter, who 

46334 married a quarter-blood Indian woman, and has lived a long 

46335 time among the Senecas. The said quarter section is to be 



1 040 



46336 located under the direction of the President of the United 

46337 States. 

46338 Article 15. It is understood and agreed by the present con- 

46339 tracting parties that the words "the lands heretofore donated to 

46340 him' 7 in the twelfth article of this treaty, have direct and sole 

46341 reference to a verbal donation heretofore made by the said Sene- 

46342 cas and Shawnees to the said McPherson, and that the intention. 

46343 is that this treaty should confirm the former as well as the latter 

46344 grant, so that the said McPherson is entitled to one whole sec- 

46345 tion to be located in the southeast corner of the Shawnee part 

46346 of the lands herein ceded as aforesaid. 

46347 Proclaimed April 6, 1832. 



46348 YAKAMAS. 

46349 Treaty between the United States and the YaTcama Nation of 

46350 Indians, concluded at Camp Stevens, Walla- Walla Valley, 

46351 June 9, 1855; ratified by the Senate March 8, 1859. 

46352 James Buchanan, President of the United States of America , 

46353 to all and singular to whom these presents shall come, greet- 

46354 ing: 

46355 Whereas a treaty was made and concluded at the treaty - 

46356 ground, Camp Stevens, Walla-Walla Valley, on the ninth day of 

46357 June, in the year one thousand eight hundred and fifty-five, be- 

46358 tweeu Isaac I. Stevens, governor and superintendent of Indian 

46359 affairs for the Territory of Washington, on the part of the 

46360 United States, and the hereinafter-named head chief, chiefs, 

46361 head-men, and delegates of the Yakama, Palouse, Pisquouse, 

46362 Wenatshapam, Klikatat, Klinquit, Kow-was-say-ee, Li-ay-was, 

46363 Skin-pah, Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and 

46364 Se-ap-cat, confederate tribes and bauds of Indians, occupying 

46365 lands lying in Washington Territory, who, for the purposes of 

46366 this treaty, are to be considered as one nation, under the name 
46387 of "Yakama," with Kamaiakun as its head chief, on behalf of 

46368 and acting for said bauds and tribes, and duly authorized thereto 

46369 by them; which treaty is in the words and figures following, to 

46370 wit : 

46371 Articles of agreement and convention made and concluded at 

46372 the treaty-ground, Camp Stevens, Walla- Walla Valley, this 

46373 ninth day of June, in the year one thousand eight hundred 

46374 and fifty-five, by and between Isaac I. Stevens, governor 

46375 and superintendent of Indian affairs for the Territory of 

46376 Washington, on the part of the United States, and the 

46377 undersigned head chief, chiefs, head-men, and delegates of 



104-1 



46378 the Yakama, Palouse, Pisquouse, Weuatshapam, KLikatat, 
43379 Klinquit, Kow-was-say-ee, Li-ay-was, Skinpah, Wish-bam, 

46380 Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, confeder- 

46381 ated tribes and bauds of ludiaus, occupying lands herein- 

46382 after bounded and described, aud lying- in Washington 
463S3 Territory, who for the purposes of this treaty are to be con- 

46384 sidered as one nation, under the name of u Yakama, v with 

46385 Kamaiakun as its head chief, on behalf of and acting for 

46386 said tribes and bands, and being duly authorized thereto by 

46387 them. 

46388 Article 1. The aforesaid confederated tribes and bauds of 

46389 Indians hereby cede, relinquish, and convey to the United States 

46390 all their right, title, and interest in and to the lands and country 

46391 occupied and claimed by them, and bounded and described as 

46392 follows, to wit : Commencing at Mount Earner ; theuce northerly 

46393 along the main ridge of the Cascade Mountains to the point 

46394 where the northern tributaries of Lake Che lan and the southern 

46395 tributaries of the Methow River have their rise ; thence south- 

46396 easterly on the divide between the waters of Lake Che-Ian 

46397 and the Methow River to the Columbia River ; thence crossing 

46398 the Columbia on a true east course to a point whose longitude 

46399 is one hundred and nineteen degrees and ten minutes, (119° 10',) 

46400 which two latter lines separate the above confederated tribes 

46401 and bands from the Oakinakane tribe of Indians ; thence in a 

46402 true south course to the forty-seventh (47°) parallel of latitude; 

46403 thence east on said parallel to the main Palouse River, which 

46404 two latter lines of boundary separate the above confederated 

46405 tribes and bands from the Spokanes ; thence down the Palouse 

46406 River to its junction with the Moh-hah-ne-she or southern tribu- 
40407 tary of the same ; theuce in a southesterly direction to the Snake 
46403 River at the mouth of the Tucannon River, separating the above 

46409 confederated tribes from the Xez Perce" tribe of Indians ; thence 

46410 down the Snake River to its junction with the Columbia River ; 

46411 thence up the Columbia River to the " White Banks n below the 

46412 Priest's Rapids; theuce westerly to a lake called " La Lac ; *' 

46413 thence southerly to a point on the Yakama River called Toh- 

46414 inah-luke; thence in a southwesterly direction to the Columbia 

46415 River, at the western extremity of the " Big Island, » between 

46416 the mouths of the Umatilla River and Butler Creek ; all which 

46417 latter boundaries separate the above confederated tribes and 

46418 bands from the Walla- Walla, Cayuse, and Umatilla tribes and 

46419 bands of Indians; thence down the Columbia River to midway 

46420 between the mouths of White Salmon aud Wind Rivers ; thence 

46421 along the divide between said rivers to the main ridge of the 

46422 Cascade Mountains; aud theuce along said ridge to the place of 

46423 beginning". 

* 131 I T 



1-042 



46424 Article 2. There is, however, reserved from the lands 

46425 above ceded for the use and occupation of the aforesaid con- 

46426 federated tribes and bands of Indians, the tract of land included 

46427 within the following boundaries, to wit: Commencing on the 

46428 Yakama Elver, at the mouth of the Attah-nam Elver; thence 

46429 westerly along said Attah-nam Eiver to the forks; thence along 

46430 the southern tributary to the Cascade Mountains ; thence south- 

46431 erly along the main ridge of said mountains, passing south and 

46432 east of Mount Adams, to the spur whence flows the waters of the 

46433 Klickatat and Pisco Eivers ; thence down said spur to the divide 

46434 between the waters of said rivers; thence along said divide to 

46435 the divide separating the waters of the Satass Eiver froai those 

46436 flowing into the Columbia Eiver; thence along said divide to 

46437 the main Yakama, eight miles below the mouth of the Satass 

46438 Elver: and thence up the Yakama Eiver to the place of begin- 

46439 ning. ■ 

46440 All which tract shall be set apart and, so far as necessary, 

46441 surveyed and marked out, for the exclusive use and benefit of 

46442 said confederated tribes and bands of Indians, as an Indian res- 

46443 ervation ; nor shall any white man, excepting those in the employ- 

46444 ment of the Indian Department, be permitted to reside upon the 

46445 said reservation without permission of the tribe and the super- 

46446 intendent and agent. And the said confederated tribes and 

46447 bands agree to remove to and settle upon the same within one 

46448 year after the ratification of this treaty. In the mean time it 

46449 shall be lawful for them to reside upon any ground not in the 
46150 actual claim and occupation of citizens of the United States ; and 

46451 upon any ground claimed or occupied, if with the permission of 

46452 the owner or claimant. 

46453 Guaranteeing, however, the right to all citizens of the United 

46454 States to enter upon and occupy as settlers any lands not actu- 

46455 ally occupied and cultivated by said Indians at this time, and 

46456 not iucluded in the reservation above named. 

46457 And provided , That any substantial improvements hereto - 

46458 fore made by any Indian, such as fields enclosed and cultivated, 

46459 and houses erected upon the lands hereby ceded, and which he 

46460 may be compelled to abandon in consequence of this treaty, shall 

46461 be valued, under the direction of the President of the United 

46462 States, and payment made therefor in money ; or improvements 

46463 of an equal value made for said Indian upon the reservation. 

46464 And no Indian will be required to abandon the improvements 

46465 aforesaid, now occupied by him, until their value in money or 

46466 improvements of an equal value shall be furnished him as afore - 

46467 said. 

4646S Article 3. And provided. That, if necessary for the public 

46469 convenience, roads may be run through the said reservation j 



1043 



46470 and on the other band, the right of way, with free access from 

46471 the same to the nearest public highway, is secured to them ; as 

46472 also the right, in common with citizens of the United States, to 

46473 travel upon all public highways. 

46474 The exclusive right of taking fish in all the streams, where 

46475 running through or bordering said reservation, is further secured 

46476 to said confederated tribes and bands of Indians, as also the 

46477 right of taking fish at all usual and accustomed places, in 

46478 common with the citizens of the Territory, and of erecting tetn- 

46479 porary buildings for curing them ; together with the privilege of 

46480 hunting, gathering roots and berries, and pasturing their horses 

46481 and cattle npon open and unclaimed land. 

46482 Aeticle 4. In consideration of the above cession, the 

46483 United States agree to pay to the said confederated tribes and 

46484 bands of Indians, in addition to the goods and provisions distrib- 

46485 nted to them at the time of signing this treaty, the sum of two 

46486 hundred thousand dollars, in the following manner, that is to say : 

46487 Sixty thousand dollars, to be expended under the direction of the 

46488 President of the United States the first year after the ratifica- 
464S9 tion of this treaty, in providing for their removal to the reserva- 

46490 tion, breaking up and fencing farms, building houses for them, 

46491 supplying them with provisions and a suitable outfit, and for 

46492 such other objects as he may deem necessary, and the remainder in 

46493 annuities as follows : For the first five years after the ratification 

46494 of the treaty, ten thousand dollars each year, commencing Sep- 

46495 tember first, 1856 ; for the next five years, eight thousand dollars 

46496 each year ; for the next five years, six thousand dollars per year ; 

46497 and for the next five years, four thousand per year. 

46498 All which sums of money shall be applied to the use and 

46499 benefit of said Indians under the direction of the President of 

46500 the United States, who may from time to time determine, at his 

46501 discretion, upon what beneficial objects to expend the same for 

46502 them. And the superintendent of Indian affairs, or other proper 

46503 officer, shall each year inform the President of the wishes of the 

46504 Indians in relation thereto. 

46505 Aeticle 5. The United States further agree to establish at 

46506 suitable points within said reservation, within one year after the 

46507 ratification hereof, two schools, erecting the necessary buildings, 
4650S keeping them in repair, and providing them with furniture, books 

46509 and stationery, one of which shall be an agricultural and indus- 

46510 trial school, to be located at the agency, and to be free to the 

46511 children of the said confederated tribes and bands of Indians, 

46512 and to employ one superintendent of teaching and two teachers ; 

46513 to build two blacksmiths' shops, to one of which shall be attached 

46514 a tin-shop, and to the other a gunsmith's shop ; one carpenter's 

46515 shop, one wagon and plough, maker's shop, aud to keep the same 



1044 



46516 in repair and furnished with the necessary tools; to employ one* 

46517 superintendent of farming and two farmers, two blacksmiths, 

46518 one tinner, one gunsmith, one carpenter, one wagon and plough 

46519 maker, for the instruction of the Indiaus in trades and to assist 

46520 them in the same; to erect one saw-mill and one nonring-mill, 

46521 keeping the same in repair and furnished with the necessary 

46522 tools and fixtures ; to erect a hospital, keeping the same in repair 

46523 and provided with the necessary medicines and furniture, and 

46524 to employ a physician ; and to erect, keep in repair, and provided 

46525 with the necessary furniture, the building required for the accom- 

46526 modation of the said employees. The said buildings and estab- 

46527 lishments to be maintained and kept in repair as aforesaid, and 

46528 the employees to be kept in service for tlie period of twenty 

46529 years. 

46530 And in view of the fact that the head chief of the said con- 

46531 federated tribes and bands of Indians is expected, and will be 

46532 called upon to perform many services of a public character, 

46533 occupying much of his time, the United States further agree to 

46534 pay to the said confederated tribes and bands of Indians rive 

46535 hundred dollars per year, for the term of twenty years after the 

46536 ratification hereof, as a salary for such person as the said con- 

46537 federated tribes and bands of Indians may select to be their 

46538 head chief, to build for him at a suitable point on the reserva- 

46539 tion a comfortable house, and properly furnish the same, and to 

46540 plough and fence ten acres of land. The said salary to be paid 

46541 to, and the said house to be occupied by, such head chief so long 

46542 as he may continue to hold that office. 

46543 And it is distinctly understood and agreed that at the time 

46544 of the conclusion of this treaty Kamaiakun is the duly elected 

46545 and authorized head chief of the confederated tribes and bands 

46546 aforesaid, styled the Yak am a Nation, and is recognized as such 

46547 by them and by the commissioners on the part of the United 

46548 States holding this treaty; and all the expenditures and ex- 

46549 penses contemplated in this article of this treaty shall be defrayed 

46550 by the United States, and shall not be deducted from the an - 

46551 unities agreed to be paid to said confederated tribes and bands 

46552 of Indians. Nor shall the cost of transporting the goods for the 

46553 annuity payments be a charge upon the annuities, but shall be 

46554 defrayed by the United States. 

46555 Article 6. The President may, from time to time, at his 

46556 discretion, cause the whole or such portions of such reservation 

46557 as he may think proper, to be surveyed into lots, and assign the 

46558 same to such individuals or families of the said confederated 

46559 tribes and bands of Indians as are willing to avail themselves of 

46560 the privilege, and will locate on the same as a permanent home, 

46561 on the same terms and subject to the same regulations as are 



1045 



46562 provided in the sixth article of the treaty with the Oman as, so 

46563 tar as the same may be applicable. 

46564 Article 7. The annuities of the aforesaid confederated 

46565 tribes and bands of Indians shall not be taken to pay the debts 

46566 of individuals. 

46567 Article 8. The aforesaid confederated tribes and bands of 

46568 Indians acknowledge their dependence upon the Government of 

46569 the United States, and promise to be friendly with all citizens 

46570 thereof, and pledge themselves to commit no depredations upon 

46571 the property of such citizens. 

46572 And should any one or more of them violate this pledge, 

46573 and the fact be satisfactorily proved before the agent, the prop- 

46574 erty taken shall be returned, or in default thereof, or if injured 

46575 or destroyed, compensation may be made by the Government 

46576 out of the annuities. 

46577 Isor will they make war upon any other tribe, except in 

46578 self-defence, but will submit all matters of difference between 

46579 them and other Indians to the Government of the United States 

46580 or its agent for decision, or abide thereby. And if any of the 

46581 said Indians commit depredations on any other Indians within 

46582 the Territory of Washington or Oregon, the same rule shall pre- 

46583 vail as that provided in this article in case of depredations 

46584 against citizens. And the said confederated tribes and bands 
4:6^)So of Indians agree not to shelter or conceal offenders against the 

46586 laws of the United States, but to deliver them up to the author- 

46587 ities for trial. 

46588 Article 9. The said confederated tribes and bands of In- 

46589 dians desire to exclude from their reservation the use of ardent 

46590 spirits, and to prevent their people from drinking the same, and, 

46591 therefore, it is provided that any Indian belonging to said con- 

46592 federated tribes and bands of Indians who is guilty of bringing 

46593 liquor into said reservation, or who drinks liquor, may have his 

46594 or her annuities withheld from him or her for such time as the 

46595 President may determine. 

46596 Article 10. And provided, That there is also reserved and 

46597 set apart from the lands ceded by this treaty, for the use and 

46598 benefit of the aforesaid confederated tribes and bands, a tract 

46599 of land not exceeding in quantity one township of six miles 

46600 square, situated at the forks of the Pisquouse or Wenatshapam 

46601 River, and known as the " Wenatshapam Fishery," which said 

46602 reservation shall be surveyed and marked out whenever the 

46603 President may direct, and be subject to the same provisions and 

46604 restrictions as other Indian reservations, 

46605 Article 11. This treaty shall be obligatory upon tue con- 

46606 tracting parties as soon as the same shall be ratified by the 

46607 President and Senate of the United States, 

46608 Proclaimed April IS, 1859. 



1046 



46609 CHOCTAWS AXD CHICKASAWS. 

46610 H". B. — The following treaty ought to appear at page 274. 

46611 Articles of convention and agreement made on the seventeenth day 

46612 of January, 1837, between the undersigned chiefs and commis- 

46613 sioners duly appointed^ and empowered by the Choctaw tribe of 

46614 red people, and John McLish, Pitman Colbert, James Brown, 

46615 and James Perry, delegates of the Chichasaiv tribe of Indians, 

46616 duly authorized by the chief s and head-men of said people for 

46617 that purpose, at Doahsville, near Fort Toicson, in the Choctaw 

46618 country. 

46619 Article 1. It is agreed by the Choctaws that the Chicka- 

46620 saws shall have toe privilege of forming a district within the 

46621 limits of their country, to he held on the same terms that the 

46622 Choctaws now hold it, except the right of disposing of it, (which 

46623 is held in common with the Choctaws and Chickasaws,) to be 

46624 called the Chickasaw district of the Choctaw Nation ; to have 

46625 an equal representation in their general council, and to be placed 

46626 on an equal footing in every other respect with any of the other 

46627 districts of said nation, except a voice in the management of the 

46628 consideration which is given for these rights and privileges ; and 

46629 the Chickasaw people to be entitled to all the rights and privi- 

46630 leges of Choctaws, with the exception of participating in the 

46631 Choctaw annuities and the consideration to be paid for these 

46632 rights and privileges, and to be subject to the same laws to which 

46633 the Choctaws are; but the Chickasaws reserve to themselves 

46634 the sole right and privilege of controlling and managing the 

46635 residue of their funds as far as is consistent with the late treaty 

46636 between the said people and the Government of the United 

46637 States, and of making such regulations and electing such officers 

46638 for that purpose as they may think proper. 

46639 Article 2. The Chickasaw district shall be bounded as fol- 

46640 lows, viz: beginning on the north bank of Bed Biver, at the 

46641 mouth of Island Bayou, about eight or ten miles below the 

46642 mouth of False Wachitta ; thence running north along the main 

46643 channel of said bayou to its source ; thence along the dividing 

46644 ridge between the Yfachitta and Low Blue Bivers to the road 

46645 leading from Fort Gibson to Fort Wachitta ; thence along said 

46646 road to the line dividing Musha-la-tubbee and Push-meta-haw 

46647 districts; thence eastwardly along said district line to the source 

46648 of Brushy Creek ; thence down said creek to where it flows into 

46649 the Canadian Biver, ten or twelve miles above the mouth of the 

46650 south fork of the Canadian ; thence west along the main Cana- 

46651 dian Biver to its source, if in the limits of the United States, or 



1047 



46052 to those limits; and thence due south to Red River, and down 

46653 Ked River to the beginning. 

46654 Article 3. The Chickasaws agree to pay the Choctaws, as a 

46655 consideration for these rights and privileges, the sum of five 

46656 hundred and thirty thousand dollars—thirty thousand of which 

46657 shall be paid at the time and in the manner that the Choctaw 

46658 annuity of 1837 is paid, and the remaining live hundred thou- 

46659 sand dollars to be invested in some safe and secure stocks, under 

46660 the direction of the Government of the United States, redeem- 

46661 able within a period of not less than twenty years — and the 

46662 Government of the United States shall cause the interest aris- 

46663 ing therefrom to be paid annually to the Choctaws in the follow- 

46664 ing manner: twenty thousand dollars of which to be paid as 
4:QQQ5 the present Choctaw annuity is paid, for four years, and the 

46666 residue to be subject to the control of the general council of the 

46667 Choctaws 5 and after the expiration of the four years the whole 

46668 of said interest to be subject to the entire control of the said 

46669 council. 

46670 Article 4. To provide for the future adjustment of all com- 

46671 plaints or dissatisfaction which may arise to interrupt the peace 

46672 and harmony which have so long and so happily existed between 

46673 the Choctaws and Chickasaws, it is hereby agreed by the parties 

46674 that all questions relative to the construction of this agreement 

46675 shall be referred to the Choctaw agent to be by him decided ; 

46676 reserving, however, to either party, should it feel itself aggrieved 

46677 thereby, the rights of appealing to the President of the United 

46678 States, whose decision shall be final and binding. But as con- 

46679 siderable time might elapse before the decision of the President 

46680 could be had, in the mean time the decision of the said agent 

46681 shall be binding. 

46682 Article 5. It is hereby declared to be the intention of th e 

46683 parties hereto, that equal rights and privileges shall pertain to 

46684 both Choctaws and Chickasaws to settle in whatever district 

46685 they may think proper, and to be eligible to all the different 

46686 offices of the Choctaw Nation, and to vote on the same terms in 
46887 whatever district they may settle, except that the Choctaws are 

46688 not to vote in anywise for officers in relation to the residue of 

46689 the Chickasaw fund. 

46690 Proclaimed March 24, 1S37. 

46691 TREATY OF FORT LARAMIE. 

46692 The following treaty, though never ratified or printed, is 

46693 sometimes referred to in appropriations and in other treaties : 

46694 for instance, treaty with the Sioux, Yanctou tribe, proclaimed 

46695 February 26, 1859. See foot of page 856. 



1048 ■ 



46696 Articles of a treaty made and concluded at Fort Laramie, 

46697 in the Indian Territory, between D. D. Mitchell, superintendent 

46698 of Indian affairs, and Thomas Fitzpatrick, Indian agent, com- 

46699 missioners specially appointed and authorized by the President 

46700 of the United States, of the first part, and the chiefs, head- 

46701 men, and braves of the following Indian nations, residing south 

46702 of the Missouri Elver, east of the Eocky Mountains, and north 

46703 of the lines of Texas and New Mexico, viz, the Sioux or Dah- 

46704 cotahs, Clieyennes, Arrapahoes, Crows, Assiuaboines, Gros- 

46705 Ventre Mandans, and Arrickaras, parties of the second part, on 

46706 the seventeenth day of September, A. D. one thousand eight 

46707 hundred and fifty-one. 

46708 Article 1. The aforesaid nations, parties to this treaty, 

46709 having assembled for the purpose of establishing and confirming 

46710 peaceful relations amongst themselves, do hereby covenant and 

46711 agree to abstain in future from all hostilities whatever against 

46712 each other, to maintain good faith and friendship in all their 

46713 mutual intercourse, and to make an effective and lasting peace. 

46714 Article 2. The aforesaid nations do hereby recognize the 

46715 right of the United States Government to establish roads, 

46716 military and other posts, witbin their respective territories. 

46717 Article 3. In consideration of the rights and privileges 

46718 acknowledged in the preceding article, the United States bind 

46719 themselves to protect the aforesaid Indian nations against the 

46720 commission of all depredations by the people of the said United 

46721 States, after the ratification of this treaty. 

46722 Article 4. The aforesaid Indian nations do hereby agree 

46723 and bind themselves to make restitution or satisfaction for any 

46724 wrongs committed, after the ratification of this treaty, by any 

46725 band or individual of their people, on the people of the United 

46726 States, whilst lawfully residing in or passing through their re- 

46727 spective territories. 

46728 Article 5. The aforesaid Indian nations do hereby recognize 

46729 and acknowledge the following tracts of country, included 

46730 within the metes and boundaries hereinafter designated, as 

46731 their respective territories, viz : 

46732 The territory of the Sioux or Dahcotah Nation, commencing 

46733 the mouth of the White Earth Eiver, on the Missouri River; 

46734 thence in a southwesterly direction to the forks of the Platte 

46735 Eiver ; thence up the north fork of the Platte Eiver to a point 

46736 known as the Eed Bute, or where the road leases the river ; 

46737 thence along the range of mountains known as the Black 

46738 Hills, to the head-waters of Heart Eiver ; thence down Heart 

46739 Eiver to its mouth ; and thence down the Missouri Eiver to the 

46740 place of beginning. 

46741 The territory of the Gros Ventre, Mandans, and Arrickaras 



1049 



46742 Nations, commencing at the mouth of Heart River ; thence up 

46743 the Missouri Eiver to the mouth of the Yellowstone Eiver j 

46744 thence up the Yellowstone Eiver to the mouth of Powder Eiver 

46745 in a southeasterly direction, to the head- waters of the Little Mis- 

46746 souri Eiver ; thence alonge the Black Hills to the head of Heart 

46747 Eiver, and thence down Heart Eiver to the place of beginning. 

46748 The territory of the Assinaboin Nation, commencing at the 

46749 mouth of Yellowstone Eiver ; thence up the Missouri Eiver to the 

46750 mouth of the Muscle-shell Eiver ; thence from the mouth of the 

46751 Muscle-shell Eiver in a southeasterly direction until it strikes 

46752 the head-waters of Big Dry Creek ; thence down that creek to 

46753 where it empties into the Yellowstone Eiver, nearly opposite 

46754 the mouth of Powder Eiver, and thence down the Yellowstone 

46755 Eiver to the place of beginning. 

46756 The territory of the Blackfoot Nation, commencing at the 

46757 mouth of Muscle-shell Eiver ; thence up the Missouri Eiver to its 

46758 source ; thence along the main range of the Eocky Mountains, in 

46759 a southerly direction, to the head-waters of the northern source 

46760 of the Yellowstone Eiver ; thence down the Yellowstone Eiver 

46761 to the mouth of Twenty-five Yard Creek ; thence across to the 

46762 head- waters of the Muscle-shell Eiver, and thence down the 

46763 Muscle-shell Eiver to the place of beginning. 

46764 The territory of the Crow Nation, commencing at the mouth 

46765 of Powder Eiver on the Yellowstone ; thence up Powder Eiver to 

46766 its source ; thence along the main range of the Black Hills and 

46767 Wind Eiver Mountains to the head- waters of the Yellowstone 

46768 Eiver ; thence down the Yellowstone Eiver to the mouth of Twen. 

46769 ty-five Yard Creek ; thence to the head- waters of the Muscle 

46770 shell Eiver ; thence down the Muscle-shell Eiver to its mouth ; 

46771 thence to the head-waters of Big Dry Creek, and thence to its 

46772 mouth. 

46773 The territory of the Cheyennes and Arrapahoes, commenc- 

46774 ing at the Eed Bute, or the place where the road leaves the 

46775 north fork of the Platte Eiver ; thence up the north fork of the 

46776 Platte Eiver to its source ; thence along the main range of the 

46777 Eocky Mountains to the head- waters of the Arkansas Eiver 5 

46778 thence down the Arkansas Eiver to the crossing of the Santa 

46779 Fe road ; thence in a northwesterly direction to the forks of the 

46780 Platte Eiver, and thence up the Platte Eiver to the place of 

46781 beginning. 

46782 It is, however, understood that, in making this recognition 

46783 and acknowledgement, the aforesaid Indian nations do not 

46784 hereby abandon or prejudice any rights or claims they may have 
48785 to other lands ; and further, that they do not surrender the priv- 

46786 ilege of hunting, fishing, or passing over any of the tracts of 

46787 country heretofore described. 

L *132 I T 



1050 



46788 Article 6. The parties to the second part of this treaty 

46789 having selected principals or head-chiefs for their respective 

46790 nations, through whom all national business will hereafter be 

46791 conducted, do hereby bind themselves to sustain said chiefs 

46792 and their successors during good behavior. 

46793 Article 7. In consideration of the treaty stipulations, and 

46794 for the damages which have or may occur by reason thereof to 

46795 the Indian nations, parties hereto, and for their maintenance 

46796 and the improvement of their moral and social customs, the 

46797 United States bind themselves to deliver to the said Indian na- 

46798 tions the sum of fifty thousand dollars per annum for the term 

46799 of ten years, with the right to continue the same at the discre. 

46800 tion of the President of the United States for a period not 

46801 exceeding five years thereafter, in provisions, merchandise, do- 

46802 mestic animals, and agricultural implements, in such proportions 

46803 as may be deemed best adapted to their condition by the Pres- 

46804 ident of the United States, to be distributed in proportion to the 

46805 population of the aforesaid Indian nations. 

46806 Article 8. It is understood and agreed that should any of 

46807 the Indian nations, parties to this treaty, violate any of the 

46808 revisions thereof, the United States may withhold the whole 

46809 or a portion of the annuities mentioned in the preceding article 

46810 from the nation so offending, until, in the opinion of the Pres- 

46811 ident of the United States, proper satisfaction shall have been 

46812 made. 

46813 In testimony whereof the said D. D. Mitchell and Thomas 

46814 Fitzpatrick, commissioners as aforesaid, and the chiefs, head- 

46815 men, and braves, parties hereto, have set their hands and 

46816 affixed their marks, on the day and at the place first above 

46817 written. 

46818 [The following agreement is conditionally recognized in the 

46819 act of February 14, 1873, 17 Statutes at Large, page 457, 

46820 where the agreement is confirmed, except the paragraphs third 

46821 to ninth, both inclusive, no part of the appropriation to be ex- 
46S22 pended until the ratification of the agreement by the Indians as 

46823 amended. The treaty referred to in the agreement is to be found 

46824 at page 909, foot.] 

46825 Agreement witli tlie Sisseton and Walipeton bands of Sioux In- 

46826 dians. 

46827 Whereas the Sisseton and Wahpeton bands of Dakotah 

46828 or Sioux Indians made and concluded a treaty with the United 

46829 States, at the City of Washington, D. O., on the 19th day of 

46830 February, A, D. 1867, (see page 909,) which was ratified, with 



1051 



46831 certain amendments, by the Senate of the United States on the 

46832 15th day of April, 1867, and finally promulgated by the Presi- 
46S33 dent of the United States on the 2d day of May, in the year 

46834 aforesaid, by which the Sisseton and Wahpeton bands of Sioux 

46835 Indians ceded to the United States certain privileges and rights 

46836 supposed to belong to said bands in the territory described in 

46837 article two (2) of said treaty; and 

46838 Whereas it is desirable that all said territory, except the 

46839 portion thereof comprised in what is termed the permanent res- 

46840 ervations, particularly described in articles three (3) and four 

46841 (4) of said treaty, shall be ceded absolutely to the United States 

46842 upon such consideration as in justice and equity should be paid 

46843 therefor by the United States ; and 

46844 Whereas said territory, now proposed to be ceded, is no 

46845 longer available to said Indians for the purpose of the chase, 

46846 and such value or consideration is essentially necessary in order 

46847 to enable said bands interested therein to cultivate portions of 

46848 said permanent reservations, and become wholly self-supporting 

46849 by the cultivation of the soil and other pursuits of husbandry : 

46850 Therefore, the said bands, represented in said treaty, and parties 

46851 thereto, by their chiefs and head-men, now assembled in coun- 

46852 cil, do propose to M. N. Adams, William H. Forbes, and James 

46853 Smith, jr., commissioners on behalf of the United States, as 

46854 follows: 

46855 First. To cede, sell, and relinquish to the United States all 

46856 their right, title, and interest in and to all lands and territory 

46857 particularly described in article two (2) of said treaty, as well as 

46858 all lands in the Territory of Dakota to which they have title or 

46859 interest, excepting the said tracts particularly described and 

46860 bounded in articles three (3) and four (4) of said treaty, which 

46861 last-named tracts and territory are expressly reserved as per- 

46862 manent reservations for occupancy and cultivation, as con- 

46863 templatedby articles eight, (8,) nine, (9,) and ten (10) of said 

46864 treaty. 

46865 Second. That, in consideration of said cession and relin- 
^LQSGQ quishment, the United States shall advance and pay, annually, 
46867 for the term of ten (10) years from and after the acceptance by 
46868» the United States of the proposition herein submitted, eighty 

46869 thousand (80,000) dollars, to be expended under the direction of 

46870 the President of the United States, on the plan and in accordance 

46871 with the provisions of the treaty aforesaid, dated February 19, 

46872 1867, for goods and provisions, for the erection of manual-labor 

46873 and public school-houses, and for the support of manual-labor 

46874 and public schools, and in the erection of mills, blacksinith- 

46875 shops, and other work-shops, and to aid in openiug farms, break. 

46876 ing land and fencing the same, and in furnishing agricultural 



1052 



46877 implements, oxen, and milch-cows, and such other beneficial ob- 

46878 jects as may be deemed most conducive to the prosperity and 

46879 happiness of the Sisseton and Wahpeton bands of Dakota or 

46880 Sioux Indians entitled thereto according to the said treaty of 

46881 February 19, 1867. Such annual appropriation or consideration 

46882 to be apportioned to the Sisseton and Devil's Lake agencies, in 

46883 proportion to the number of Indians of the said bands located 

46884 upon the Lake Traverse and Devil's Lake reservations respect- 

46885 ively. Such apportionment to be made upon the basis of the 
4:QS86 annual reports or returns of the agents in charge. Said con- 

46887 sideration, amounting in the aggregate to eight hundred thou- 

46888 sand (800,000) dollars, payable as aforesaid, without interest. 

46889 Third. As soon as may be the said territory embraced with- 

46890 in said reservation described in article four, (4,) (Devil's Lake 

46891 reservation,) shall be surveyed, as Government lands are sur- 

46892 veyed, for the purpose of enabling the Indians entitled to acquire 

46893 permanent rights in the soil, as contemplated by article five (5) 

46894 of said treaty. 

46895 Fourth. We respectfully request that, in case the foregoing 

46896 propositions are favorably entertained by the United States, the 

46897 sale of spirituous liquors upon the territory ceded may be 

46898 wholly prohibited by the United States Government. 

46899 Fifth. The provisions of article (5) of the treaty of Feb- 

46900 ruary 19, 1867, to be modified as follows : An occupancy and 

46901 cultivation of five (5) acres, upon any particular location, for a 

46902 term of five (5) consecutive years, shall entitle the party to a 

46903 patent for forty acres ; a like occupancy and cultivation of ten 

46904 (10) acres, to entitle the party to a patent to eighty acres ) and 

46905 a like occupancy and cultivation of any tract, to the extent of 

46906 twenty acres, shall entitle the party so occupying and cultivat- 
46607 ing to a patent for 160 acres of land. Parties who have already 

46908 selected farms and cultivated the same may be entitled to the 

46909 benefit of this modification. Patents so issued (as hereinbefore 

46910 set forth) shall authorize a transfer or alienation of such lauds 

46911 situate within the Sisseton agency, after the expiration of ten 

46912 (10) years from this date, and within the Devil's Lake reserva- 

46913 tion after the expiration of fifteen (15) years, but not sooner. 

46914 Sixth. The consideration to be paid, as hereinbefore pro- 

46915 posed, is in addition to the provisions of article six (6) of the 

46916 treaty of February 19, 1867, under which Congress shall appro - 

46917 priate, from time to time, such an amount as may be required 

46918 to meet the necessities of said Indians, to enable them to become 
46819 civilized. 

46920 Seventh. Sections sixteen (16) and thirty-six (36) within the 

46921 reservations shall be set apart for educational purposes, and all 



1053 



46922 children of a suitable age within either reservation shall be com - 

46923 pelled to attend school at the discretion of the agents. 

46924 Eighth. At the expiration of ten (10) years from this date 

46925 all members of said bands under the age of twenty-one years 

46926 shall receive 40 acres of land from said permanent reservations 

46927 in fee-simple. 

46928 Ninth. At the expiration of ten (10) years the President of 

46929 the United States shall sell or dispose of all the remaining or 

46930 unoccupied lands in the Lake Traverse reservation, (excepting 

46931 that which may hereafter be set apart for school purposes ;) the 

46932 proceeds of the sale of such lands to be expended for the benefit 

46933 of the members of said bands located on said Lake Traverse res- 

46934 ervation ; and, at the expiration of fifteen (15) years, the Presi- 

46935 dent shall sell or dispose of all the remaining unoccupied lands 

46936 (excepting that which may be hereafter set apart for school pur- 

46937 poses) in the Devil's Lake reservation ; the proceeds of the sale 

46938 of such lands shall be expended for the benefit of all members of 

46939 said bands who may be located on the said Devil's Lake res- 

46940 ervation. 

46941 Executed at Sisseton agency, Dakotah Territory, Lake 

46942 Traverse reservation, this 20th day of September, A. D. 1872. 

46943 MOSES K ADAMS, 

46944 WM, H. FOEBES, 

46945 JAMES SMITH, Jr., 

46946 Commissioners. 



ERRATA. 



Page 152, line 6721, for " 1836," read "1816." 

Page 396, "between lines 17714 and 17715, insert the words " Proclaimed January 5, 
1819." 

Page 398, line 17809, for " January 5, 1819," read " February 13, 1833." 
Page 436, line 19495, in the blank after the word "page," insert " 375." 
Page 481, line 21489, for " 1835," read " 1833." 

Page 674, between lines 30140 and 30141, insert the words " Treaty made September 
19, 1827." 

Page 922, between lines 41090 and 41091, insert the Avords " Six Nations ; " line 41130, 
for " proclaimed," read " concluded." 



INDEX 

TO 

COMPI LATION 0 F TREATIES 

BETWEEN 

THE UNITED STATES AND THE INDIAN TRIBES. 



A. 

Page. 



Allied tribes in Washington Territory. 

Treaty proclaimed April 11, 1859 373 

Ana-da-ca. 

Treaty proclaimed March 8, 1847 306 

Apaches. 

Treaty proclaimed February 12, 1854 309 

August 25, 1858.... 312 

May 26,1868 128 

Apalachicolas. 

Treaty proclaimed February 13, 1833 3 

April 12, 1834 4 

Relinquishment of certain lands by . 5 

Arrapahoes. 

Treaty proclaimed February 2, 1837 ..«.-=.. 122 

May 26, 1866 .. 123 

August 19, 1868 129 

Arrapahoes, Northern. 

Treaty proclaimed August 25, 1868 136 

Ash-kum Wee-saw, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 715 

Aub-ba-uaub-ba's band, Pottawatomies. 

Treaty proclaimed May 25, 1836 709 

B. 

Blackfeet. 

Treaty proclaimed April 25. 1856 7 

March 17, 1866 ' 11 

February 24, 1869 914 

Black River Band of Chippewas. 

Treaty proclaimed May 23, 1856 227 

June 21, 1856 233 

July 9, 1860 228 

August 16, 1866 237 

Blanchard's Creek, Ottawas of. 

Treaty proclaimed December 21, 1814 1032 

Blanchard's Fork of the Great Auglaize, Ottowas residing on. 

Treaty proclaimed April 6, 1832 '. 590 

Blanchard's Fork and Roche de Bceuf, United Bauds of Ottowas. 

Treaty proclaimed April 6, 1832 590 

July 28, 1862 599 

October 14, 1868 839 

Bannacks. 

Treaty proclaimed February 24, 1S69 931 

Belantse-etoa. 

Treaty proclaimed February 6, 1826 13 

Big Spring, Crawford County, Ohio, Wyandots of. 

Treaty proclaimed April 6, 1832 1030 

133 I T 



1058 



Page. 

Blood. 

Treaty proclaimed April 25, 1856 7 

Bois Forte band of Chippewas. 

Treaty proclaimed April 26, 1866 241 

Broad Leaf, Sioux of the. 

Treaty proclaimed December 30, 1816 . 870 

Brule baud of Sioux. 

Treaty proclaimed February 24, 1869 914 

C. 

Caddo. 

Treaty proclaimed February 2, 1836 15 

March 8, 1847 306 

Cahokia. 

Treaty proclaimed January 5, 1819 395 

February 13, 1833 396 

Callapooias. 

Treaty proclaimed April 10, 1855 18 

March 30, 1855... 977 

Calapooia band of Calapooias. ' 

Treaty proclaimed April 10, 1855 . . 18 

Canada, Seven Nations of. 

Treaty proclaimed January 31, 1797 852 

Carn-o-za, chief Pottawatomies. 

Treaty proclaimed March 16, 1835 705 

Capote tribe of Utes. 

Treaty proclaimed November 6, 1868 981 

Cayugas. 

Treaty concluded October 22, 1784 922* 

June 9, 1789.... 923 

Treaty proclaimed January 21, 1795 925 

April 4, 1840 553 

Cayuses. 

Treaty proclaimed April 11, 1659 987 

Chafau band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Chastas. 

Treaty proclaimed April 10, 1855 23 

Clackamas tribe of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Certain chiefs and braves, Sioux. 

Treaty proclaimed June 15, 1838 878 

Che-cose's only son, Wau-we-ka, chief Pottawatomies. 

Treaty proclaimed June 4, 1836 708 

Ckee-cbaw-kose, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 715 

Che-luk-i-ma-uke band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Che-lam-e-la band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Chem-a-kum tribe of S'Klallams. 

Treaty proclaimed April 29, 1859 800 

Chem-a-pho band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Chep-en-a-pho band of Calapooias. 

Treaty proclaimed April 10, 1855 . . . 18 

Che-quaw-ka-ko, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 711 

Cherokees. 



Treaty concluded November 22, 1785 25 

Treaty proclaimed February 7, 1792 28 

January 21, 1795.-.. 31 

Treaty concluded October 2, 1793 32 

Treaty proclaimed May 17, 1804 36 

April 24. 1806 36 

June 10,1806 38 

Treaty, elucidation of, proclaimed April 22, 1807 .. 41 

Treaty proclaimed May 23, 1807 39 



1059 



Oli 6 rokees — Co 1 tin vi ed . 

Treaty ratified April 8, 161 (5 42 

April 8, 1810 42 

Treaty proclaimed December 30, 1*10 44 

December 2(5, 1817 45 

March 10, 1810 50 

May 28, 1828 56 

April 12, 1834 01 

May 19, 16:50 303 

May 23, 1836 .' 65 

May 23, 1630 77 

August 17, 1840 70 

July 10, 1600 , 

April 27, 1808 97 

Cheycnues. 

Treaty proclaimed February 2, 1807 122 

May 20, 1600 128 

August 10, 1808 12U 

Cbeyeunes, Northern. 

Treaty proclaimed August 25, 1808 13G 

Creeks. 

Treaty proclaimed August 13, 1700 100 

■January 11, 1803 loo 

January 24, 1800 101 

April 4, 1832 101 

April 12, 1834 1U2 

March 2, 1839 1 104 

August 28, 1856 . 104 

August .11, 1800 114 

August 19, 1868 120 



Chippewas. 

Treaty proclaimed December 2, 1795 

April 24, 1800 

J an uar y 27, 1606 

March 3, 1800 

Treaty ratified December 20, 1615 

Treat y proclaimed December 30,1610 

.January 4, 1810 , 

.January 4, 1610 

March 25, 1820 

March 2, 1821 

March 8, 1821 

February 0, 1820 

• February 27, 1827 

J unc 15, 1628 

January 7, 1620 

February 23, 1620 

January 2, 1830 

March 25, 1832 

February 21, 1835 

February 21, 1835, (supplementary) 

May 27, 1630 

J uly 2, 1836 

March 2, 1839, (supplementary) 

March 3, 1836 

March 2, 1636 

March Sri, 1643 

July 22, 1640 

April 7, 1616 

April 7, 1848 , 

January 29, 1655 

April 7; 1855 

April 24, 1850 

May 23, 1 856 

June 21, 1856 

September 10, 1650 

July 0, 1800 - 

March 10, 1603 

M ay 5, 1604 



184 

100 

192 
194 
196 
150 
107 

1033 
111 
1 13 
0115 
155 
J 14 
1 I 1 .) 

100 

209 
101 
152 
10 1 

170 
606 
244 
210 
250 
251 
217 
181 
212 
221 
222 
263 
253 
227 
233 
013 
226 
213 
254 



1060 



rage. 



Cliippewas — Continued. 

Treaty proclaimed. April 25, 1864, (supplementary) 257 

March 20, 1865 259 

August 16, 1866 237 

April 26, L866 241 

April 18, 1867 271 

Christian Indians. 

Treaty proclaimed May 17, 1828 621 

April 4, 1840 55:1 

J uly 9, 1860 • 228 

Cow-creek hand of Umpquas. 

Treaty proclaimed February 5, 1855 1)74 

Cow-nan-ti-co hand of Scotons. 

Treaty proclaimed April 10, 1855 23 

Cho-bah-ah-bish. 

Treaty proclaimed April 11, 1859 . . ... 378 

Choc taws. 

Treaty proclaimed May 19, 1836 303 

Choetaws and Chickasaws. 

Treaty proclaimed March 24, 1837 1046 

March 4, L856 274 

July 10, HIJ6 . 285 

Clow-we-wal-ht hand of Calapooias. 

Treaty proclaimed April lU, 1855 18 

Crows. 

Treaty proclaimed February 6, 1826 325 

August 12, 1868 327 

Comancbes. 

Treaty proclaimed May 19, 1836 .... 303 

March 8, 1H.47 30(5 

February 12, 1854 309 

August 25, 1858 312 

May 26, 1866 314 

August 25, 1868 318 

Catheads hand of Sioux. 

Treaty proclaimed February 24, 1869 914 

Confederated 1'eorias. 

Treaty proclaimed October 14,1868...- 839 

1). 

Dacotabs. 

Treaty proclaimed February 21, 1853 879 

February 24, 1853 8*2 

February 2(5, 1859 855 

March 31 , 1859 8*5 

March 31, 1859 903 

March 17, 1866 862 

March 17, 186(5 KH) 

March 17, 1866 892 

March 17, 1866 895 

March 17, 1800 897 

March 17, 1800 899 

March 17, 1866 901 

May 2, 1867 909 

May 2, 1868 864 

Dw amish. 

Treaty proclaimed April 11, 1859 378 

Dela wares. 

Treaty concluded September 17, 1778 333 

Treaty proclaimed December 2, 1795 , 1-1 

December 26, 1^03 :;7() 

February 14, 18U5 :;:ir> 

April 24, 1806 190 

April 24, 1806 371 

January 16, 1810. 373 

December 21, 1814.' 1032 

Treaty ratified December 26, 1815 196 

Treaty proclaimed January 4, 1819 1!>7 

January 4,1819 1033 



' 10G1 

- . , Page. 
D el a w a r e s — Continued. 

Treaty proclaimed January 15, 1819 337 

January 2, 1820 :5U9 

March 24, 1831 (supplementary).. 338 

February 12, 1833 370 

July 17, 1851 340 

October 4, 18(51 350 

August 4, 1866 362 

May 2, 1807 909 

August 27, 1870 345 

1 >iffereut bands of Sioux. 

Treaty proclaimed February 24, 1809 91 1 

E. 

Eel Ri ver. 

Treaty proclaimed December 2, 1795 184 

December 2;}, 1803 383 

December 20, 1803 370 

April 21, 1806 :;71 

January 16, 1810 ;j7:i 

January 16, 1810 376 

December 21, 1814 1032 

May 7, 1828 52U 

Elh-wa. 

Treaty proclaimed April 29, 1859 bUO 

F. 

Flatlicads. 

Treaty proclaimed April 25, 1856 7 

April 18, 1859 583 

Fond du Lac band of Chippewas. 

Treaty proclaimed January 29, 1855 224 

Fort Laramie. 

Treaty of (not ratified.) 1047 

FlOridas. 

Treaty proclaimed January 2, 1824 389 

Foxes. 

Treaty ratified December 26, 1815 394 

Treaty proclaimed February 21, 1805 7:i7 

February 12, 182:? 740 

January 18, 1825 7 11 

February 26, 1826 155 

February 24, 1831 781 

' February 13, 18:53 74:5 

February 25, 1837 7 4 1 5 

February 27, 1837 747 

December 13, 1837 749 

February 21, 1838 752 

February 21,1838 775 

March 23, 1843 754 

July 17, 1854 758 

July 9, 1860 7 62 

March 26, 1863 777 

October 14, 1868 707 

(;. 

Grand Pawnees. 

Treaty proclaimed January 7, 1819 644 

April 12, 1834 618 

January 8, 1849 U47 

May 26, 1858 G50 

(Jrand Portage band of Chippewas. 

Treaty proclaimed January 29, 1855 'J21 

Grand River band of Utes. 

Treaty proclaimed November 6, 1868 981 

Grave Creek band of Umpquas. 

Treaty proclaimed April 10, 1855 23 

Gros Ventres. 

Treaty proclaimed April 25, 1856 7 



1062 



ir. 

Page. 

Hunniuts. 

Treaty proclaimed April 29, 1850 800 

Hunkpapa Sioux. 

Treaty proclaimed February 6, 1826 8721 

I. 

Illinois. 

Treaty proclaimed December 23, 1803 123 

January ">, 1819 :>'.'~> 

February 13, 1833 396 

Illinois Uiver, Pottaw atomies residing on. 

Treaty proclaimed December 20, 1815 097 

Indian reserves on the Miami of Lake Eric, Ottawas residing on. 

Treaty proclaimed March 22, 1833 * 596 

Indiana .State. Pottawatomies of. 

Treaty proclaimed January 21, 1833 7('l 

lonis. 

Treaty proclaimed March 8,1817 306 

low as. 

Ti eaty ratified December 26, 1815 399 

Treaty proclaimed January 18, 1825 399 

February 6, l*2i5 156 

February 24, 1831 781 

February 15, 1837 407 

February 21, 1838 401 

March 2, 1839 401 

July 17, ia r >4 4(U 

March 20, 1803 777 

K. 

Klamatbs. 

Treaty proclaimed February 17, 1870 432 

Kah-milt-pali band of Yakamas. 

Treaty proclaimed April 18, 1850 1040 

Kankakee and Prairie Pottawatomies. 

Treaty proclaimed .January 21, 1833 697 

Kansas. 

Treaty ratified Deeeuibcr 2d, 1818 410 

Tieaty proclaimed December 30, 1825 410 

May 3. 1820 414 

April 15, 1840 in 

November 17, 1800 .' 4!7 

February 0, L803 422 

Kaskaskias. 

Treaty proclaimed December 2, 1795 i«4 

December 23, L803 383 

December 23, 1803 423 

December 20, 1803 370 

January 5, 1819 395 

February 13, 1833 ? Vihi 

August 10, 1854. 420 

October 14, 1868 • 839 

lvatakas. 

Tieaty proclaimed February 21, 1838 456 

Kah-tai. 

Treaty proclaimed April 20, 1850 800 

KlaHa-wash. 

Treaty proclaimed April 29, 1850 800 

Keechy. 

Treaty proclaimed March 8, 1847 306 

Kee-waw-my, cbief Pottawatomies. 

Treaty proclaimed May 25, 1830 709 

Klikatat band of Yakamas. 

Treaty proclaimed April 18, 1850 1040 

Kickapoos. 

Treaty proclaimed December 2, 1705 184 

December '2(5, 1803 370 

December 23, 1803 383 



1063 



Kickapoos — Continued. 

Treaty proclaimed IVIarch 3, 1810 43G 

December 21, 1814 1032 

Treaty ratified December 20, 1615 437 

Treaty proclaimed December 30, 1810 43ri 

May 10, 1820 454 

J an uary 8, 182 t . . . . 1 55 

January 13, 1821 438 

January 13,1821 440 

February 13, 1833 Ill 

July 17, 1854 443 

May 28, 1803 117 

Kik-i-allus. 

Treaty proclaimed April 11, 1851) . :i7i 

Klinquit, Land of Yakamas. 

Treaty proclaimed April 18, 1851) 104U 

Kiowas. / 

Treaty proclaimed February 21, 1838 ...V 450 

February 12, 1854 301) 

August 25, 1858 312 

May 20, 1800 314 

August 25, 1808 318 

Kootenays. 

Treaty proclaimed April 25, 185(5 7 

April 18, 1850 383 

Kow-was-say-eo band of Yakamas. 

Treaty proclaimed April 18, 1850 1040 

L. 

Lakes, Sioux of the. 

Treaty proclaimed December 20, 1815 - 809 

Lake Superior, Chippewas of the. 

Treaty proclaimed March 23, L843 - 217 

April 7, 1848 ■- 221 

January 21), 1855 222 

Lake Winnebagoshish band of Chippewas. 

Treaty proclaimed April 7, 1855 203 

March 19, 1803 213 

March 20, 1805 259 

L'Ause band of Chippewas. 

Treaty proclaimed January 29, ie55 222 

La Poiute baud of Chippewas 

Treaty proclaimed January 29, 1855 222 

heal', Sioux of the. 

Treaty proclaimed December 30, 181C 870 

Lcpaus. 

Treaty proclaimed March 8, 1847 30G 

Li-ay-was baud of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

Long Tom band of Calapooias. 

Treaty proclaimed April 10,1855 18 

Long wha. 

Treaty proclaimed March 8, 1847 300 

Louisoh, chief Pottawatomios. 

Treaty proclaimed February 18, 1837 715 

1 -on ps, Pawnee. 

Treaty proclaimed April 12, 1831 048 

January 8, 1849 0 17 

May 20, 1858 . U50 

LcTwer Brule band Sioux. 

Treaty proclaimed March 17, 180(3 892 

Lower de Chutes band of Walla- Wallas. 

Treaty proclaimed April 18, 1*59 02 i 

M. 

Mac-kah~tah-mo-ah, chief Pottawatoraies. 

Treaty proclaimed February 18, 1837 712 



1064 



Page. 

Muddy baud of C'alapooias. 

Treaty proclaimed April 10,1855 18 

Mahas. 

Treaty ratified December 20, 1815 458 

Treaty proclaimed February 6. 1820 459 

Mahahs. 

Treaty proclaimed April 18, 1859 461 

Mandans. 

Treaty proclaimed February <i, 1820 , 404 

Marhar, Pawnees. 

Treaty proclaimed January 5, 184:2 044 

Marysville band of Calapooias. 

Treaty proclaimed April JO, 1,855 18 

Mat-ehis-jaw, chief Pottawatomies. 

Treaty proclaimed May 25, 183C 709 

Medawah-Kantous. 

Treaty proclaimed February 24, 1831 781 

February 24, 1853 882 

March 31, 1859 885 

Me-mat-wa,y, chief Pottawatomies. 

Treaty proclaimed February 18, 1*37 711 

Mel) oinonces. 

Treaty proclaimed December 20, 1*17 407 

February i.820 l">r> 

February 23, 1829 209 

July 9, i*3-j 408 

March J3, 1833 475 

I 'cbruary 15, 1.837 4*1 

January 23. i i?49 4*5 

August 2, 1854 487 

April 24, 1850 4*9 

Mes-nmv.w buck, chief Pottawatomies. 

Tiva 1 v proclaimed June 4, 1830 707 

M.o< -see-.-paa-quikh. 

Treaty proclaimed April. 1 1, 1859 378 

Aliaiiiis. 

Treaty proclaim . A December 2, 1795 184 

1 December 20, 1803 370 

April 24, 1800 371 

January W>, 1*10. 373 

January 10, LSI;) 375 

December 21, LA I. 1032 

Treaty ratified December 20, 1815 190 

Treaty proclaimed January 15, 1819 , 491 

J anuary 24, bAA 41)5 

May 7, 1828 520 

December 22, 1837 498 

February 8, 1839 502 

Jane 7, 1.84-1 508 

-August 4, 1*51 511- 

Oetobcr 14, 1808 839 

Minncconjon band, Sioux. 

Treaty proclaimed March 17, 1800 ..T. 890 

February 21, 1809 914 

Minnetsaree. 

Treaty pioclaimed February 2G, 1820 13 

Michigan Territory, Potta >vatomies of. 

Treaty proclaimed January 21, 1833 701 

Mitchigamia. 

Treaty proclaimed January 5, 1*19 395 

February 13, 1833 ' 390 

Mississippi tJliippewas of the. 

Treaty proclaimed Match 28, 1813 217 

April 7, 1*48 221 

Ja unary 29, 1*55 222 

April 7, 1855 203 

March 19, 1803 213 

March 20, 1805 259 

April 18, 1807 271 



1065 



Page. 

Missourias. 

Treaty proclaimed February 0, 1826 630 

February 15, 1827 034 

February 24, 1831 781 

April 12, 1831 633 

June 21, 1854 037 

April 19, 1855 640 

Missouri, Foxes of. 

Treaty proclaimed February 21, 1838 775 

March 26, 1863 777 

Missouri River, Sacs residing ou. 

Treaty proclaimed December 20, 1815 734 

Missouri, Saes of. 

Treaty proclaimed February 21, 1838 775 

March 20, 1803 777 

Missouri, Saes and Foxes of. 

Treaty proclaimed February 15, 1837 407 

February 21, 1838 775 

March 20, 1803 777 

Missouri, Shawnees residing in. 

Treaty proclaimed December 30, 1825 780 

November 2, 1854 792 

Mixed Senecas. 

Treaty proclaimed October 14, 1808 839 

Moadocs. 

Treaty proclaimed February 17, 1870 432 

Mohawks. 

Treaty concluded October 22, 1784 922 

June 0,1789 923 

January 21, 1795 925 

Mohawks residing in Upper Canada. 

Treaty proclaimed April 27, 1798 521 

Mohawk baud of Calapooias. 

Treaty proclaimed April 10, 1855 . 18 

Molallas, (Molels.; 

Treaty proclaimed Anril 10, 1855 ....... 18 

April 27, 1859 . 522 

Mo-sack, chief Pottawatomies. 

Treaty proclaimed February 10, 1837 714 

Mora, chief Pottawatomies. 

Treaty proclaimed March 10, 1^35 „ . . 700 

Muache band of Utes. 

Treaty proclaimed November 6, 1868 - . 984 

Muck-kose, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 715 

Muck-rose, chief Pottawatomies. 

Treaty proclaimed March 16, 1835 700 

Munsees. 

Treaty proclaimed April 24, 1806 100 

May 10, 1840 937 

September 8, 1850 951 

July 9, 1800 , 228 

Muscogees. 

Treaty proclaimed May 19, 1830 303 

N. 

Na-al-ye baud of Scotons. 

Treaty proclaimed April 10, 1855 23 

Na-kel-ta baud of Chastas, 

Treaty proclaimed April 10, 1855 23 

Nas-waw-kee, chief Pottawatomies. 

Treaty proclaimed May 25, 1830 710 

Navajoes. 

Treaty proclaimed August 12, 1808 527 

September 24, 1850 525 

Nes-boash, chief Pottawatomies. 

Treaty proclaimed May 25, 1830 709 

New Yorks. 

Treaty proclaimed April 4, 1810 548 

131 I T 



1066 



Pa^e. 

Ne/ Perce's. 

Treaty proclaimed April 25, 1856 7 

April 29, 1859 . 533 

April 24, 1867..... 539 

February 24, 1869 546 

Nis [i ;nlly. 

Treaty proclaimed March 3, 1855 5G0 

Noisy Pawnees. 

Treaty proclaimed January 7, 1819 645 

Nouk-wa-eha-mi.-m. 

Treaty proclaimed April 11, 1859 378 

No-taw-kah, chief Pottawatomies. 

Treaty proclaimed February 18, 1837, 712 

No\ wha-ha. 

Treaty proclaimed April 11 , 1859 378 

N'Quentl-ma-misb. 

Treaty proclaimed April 11, 1859 378 

0. 

Oci.e-chotes hand of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

O'Gallala band of -Sioux. 

Treaty proela i med February 6, 1820 871 

March 17,1866 901 

February 24, 1869 , 914 

Ohio, Wyandots in. 

Treaty proclaimed April 6, 1832 1030 

May 16, 1836 1029 

O-ka-mause, chief Pottawatomies. 

Treaty proclaimed May 25, 1836 709 

Om alias. 

Treaty proclaimed February 15, 1827 634 

February 21, 1831 781 

June 21, 1854 564 

February 1 5, 18G6 569 

Onkpahpah band of Sioux. " 

Treaty proclaimed March 17,1866 899 

Onoxa, chief, Pottawatomies who adhered to. 

Treaty proclaimed December 21, 1814 1032 

Orchard Tarty. 

Treaty proclaimed May 17, 1828 621 

April 4. 1840 553 

Osages. 

Treaty ratified April 28, 1810 571 

December 26,18i5 575 

Treaty proclaimed January 7, 1819 575 

February 19, 1823 576 

December 3U, 1825 577 

May 3,182(3 581 

May 19, 1836 303 

March 2, 1839 583 

January 21,1 -;07 584 

Otta was. 

'Treaty proclaimed December 2. 1795 184 

April 24, 1806 ' ... 190 

January 27, 1 808 192 

March 3, 1809 194 

December 21, 1814 , - 1032 

Treaty ratified December 26, 1815 196 

Treaty proclaimed December 30, 1816 150 

January 4, 1819 197 

January 4, 1819 1033 

March 8, 1821 605 

February 6, 1 826 , , 155 

January 7, 1 829 160 

January 2, 1830 161 

Lreatj proclaimed March 25, 1832 152 

February 21 . 1835 , 164 



1067 



Page. 

Ottawas — Continued. 

February 21,1635, (supplementary) . 170 

April 6, 1832 5'JU 

March 22, 1833 590 

Way 27,1836 606 

July 22, 1840.... 1*1 

September 10, 1856 013 

July 28, 1802 5'J'J 

October 14, 1808 839 

Oke-Nos. 

Treaty proclaimed April 29, 1659 fcoO 

Oneidas. 

Treaty concluded October 22, 1761 922 

June 9, 17d9 923 

Treaty proclaimed January 21, 1795 925 

Treaty proclaimed January 21, 1795 020 

Treaty proclaimed May 17, 1828 021 

Treaty proclaimed April 4, lc 10 553 

Oregon, Middle, tribes and bands of. 

Treaty proclaimed April 18, 1859 022 

March 29, 1867 023 

Oliio, Shawnees residing in. 

Treaty proclaimed April 0, 1832 768 

Onondagas. 

Treaty concluded October 22, 1784 922 

June i», 1789 923 

Treaty proclaimed January 21, 1795 925 

April 4, 1840 553 

Ontonagon band of Chippewas. 

Treaty proclaimed January 29, 1855 > 224 

Ottoes. 

Treaty proclaimed December 26, 1817 630 

February 0, 1826 630 

February 15,1 827 634 

February 24, 1831 781 

April 12, 1834 — . 633 

June 21, 1854... . . 637 

April 19, 1855 040 



Prairie and Kankakee, Pottawatoniies of the. 

Treaty proclaimed January 21, 1833 , 097 

Pau-koo-sliuek, chief Pottawatoniies. 

Treaty proclaimed May 25, lti30 7u'J 

Pawnees. 

Treaty proclaimed January 5, 1812 044 

January 7, 1819 044 

January 7, 1819 045 

January 17, 1819, 010 

February 0, 1626 642 

April L2, 1834 648 

January 8. 1849 017 

May 20. 1858 05U 

Pelouse band of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

Pembina band of Chippewas, 

Treaty proclaimed April 25,1864 257 

May 5,1864 254 

Peorias. 

Treaty proclaimed January 5, 1819. 395 

February 1 3, 1833 396 

August i0, 165 1 4'JO 

October 14, lb08 t^J 

Pe-pin-a-waw, and other chiefs Pottawatoniies. 

Treaty proclaimed February 18, 1837 '12 

Treaty proclaimed December 2, 1795 1-1 

December 23,1803.... 383 



1068 

Page 

Piaiikes h awa — C ontiii ued . 

Treaty proclaimed December 20, 1603 370 

February 6, 1805 655 

May 23, 1807 .* 656 

Treaty ratified December 20, 1815 057 

Treaty proclaimed February 23, 1833.. G56 

August 10, 1854 42G 

October 14, 1868 339 

Pillager baud of Chippewas. 

Treaty proclaimed April 7, 1858 . 212 

April 7, 1855 263 

March 19,1863 . , 213 

March 20, 1805 259 

Piegaus. 

Treaty proclaimed April 25, 1850 7 

Pine Tops, Sioux who shoot iu the. 

Treaty proclaimed December 30, 1810 870 

Pishtst. 

Treaty proclaimed April 29, 1859 800 

Pisipiouse baud of Yakamas. 

Treaty proclaimed April 18, 1859 „ .« 10 10 

Pitavirate Pawners. 

Treaty proclaimed January 7, 1819 645 

Poncars. 

Treaty proclaimed February 0, 1820 COG 

Poucarars. 

Treaty proclaimed December 20, 1617 608 

Poneas. 

Treaty proclaimed April 11, 1659 059 

March 26, 1^07 G04 

Pottawatomies. 

Treaty proclaimed December 2, 1795 184 

December 26, 1803 370 

April 24, 1800 371 

April 24, 1806 190 

January 27, 1608 192 

March 3, 1809 - 11)4 

January 16, 1610 373 

December 21, 1614 1032 

Treaty rati lied. December 26, 1815 697 

December 20, 1615 196 

Treaty proclaimed December 30, 1810 150 

January 4, 1619 197 

January 4, 1819 1033 

January 15, 1619 609 

February 6, 1826 155 

February 7, 1627 670 

January 7, 1829 160 

January 27, 1629 070 

February 23, le29 07 4 

January 2, 1830 161 

March 25, 1832 152 

January 21, 1833 697 

January 21, 1833 701 

January 21, 1833 680 

February 21, 1835 l('-4 

February 'J 1, 1635, (supplementary) 170 

March 16, 1635 683 

March 10, 1835 705 

March 10, 1635 706 

March 16, 1835 706 

June 4, 1830 707 

June 4, 1630 708 

May 25, 1836 70 l J 

May 25, 1630 709 

May 25, 1630 710 

February 16, 1637 711 

February 16, 1637 712 

February 1 8 , 1637 713 

February 18, 1637 714 



1069 



Pottawatoniics — Continued. 

Treaty proclaimed February 18, 1837 ... 715 

July 22,1846 • '. ltil 

April 19, 1862 .. . .. 683 

Treaty supplementary, ratified April 20, 1866 690 

Treaty proclaimed August 7, 1868 691 

Puget's Sound, tribes and bands occupying land around Lead of. 

Treaty proclaimed March 3, 1655 560 

Puyallups. 

Treaty proclaimed March 3, 1855 560 

Q. 

Quapaws. 

Treaty proclaimed July 5, 1818 710 

February 18, 1825 718 

April 12, 1834 7'JO 

May 19, 1836 303 

October 14, 1868 

Quash-quaw, chief Pottaw atomies. 

Treaty proclaimed May 25, 1836 710 

Quil-leh-utes. 

Treaty proclaimed April 11, 1S59 723 

Quil-si-eton band of Chastas. 

Treat y proclaimed April 10, 1^55 . 23 

Qui-nai-elts. 

Treaty proclaimed April 11, 1859 „ 7:23 

Qui-qui-to, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 715 

R. 

Red Lake Band of Chippowas. 

Treaty proclaimed April 25, 1864 257 

May 5, 1864 254 

Republic Pawnees. 

Treaty proclaimed January 17, 1819 646 

January 8, 1849 647 

April 12, 1834 648 

May 26, 1858 „ (>:>() 

Ricaras. 

Treaty proclaimed February 26, 1825 , 727 

Roche de Bumf, on Miami River of Lake Erie, Ottawas residing at. 

Treaty proclaimed April 6, 1^32 500 

Roche de Bceuf, Ottawas of. 

Treaty proclaimed October 14, 1868 , 839 

Rock River, Sacs of. 

Treaty proclaimed December 30,1816 735 

Rogue River. 

Treaty proclaimed April 12, 1854 7£9 

April 7, 1855 732 

S. 

Sacs. 

Treaty proclaimed December 26, 1815 734 

December 30, 1816 735 

February 21, 1805 737 

February 12, 1823 740 

January 18, 1825 741 

February 24, 1831 781 

February 13, 1833 743 

February 25, 1837 746 

February 27, 1837 , 747 

December 13, 1837 7 i.) 

February 21, 1838 752 

February 21, 1838 » 775 

March 23, 1843 754 

July 17, 1854 758 

July 9,1860 762 

March 26, 1863 777 

October 14, 1868 767 



1070 



Sacs and Foxes. 

Treaty proclaimed February 6, 182C 155 

February 15, 1837 407 

Sa-clier-i-ton bund ui" Scotons. 

Treaty proclaimed April 10, 1855 23 

Saginaw, Chippewas of. 

Treaty proclaimed July 2, 1838 244 

March 2, 1839, (supplementary) 249 

March 2, 1839, (supplementary) 249 

July 3, 1838 250 

July 2, 1838 251 

June 21,185(5 233 

August 16, 18GG 237 

Sah-ku-mC'hu. 

Treaty proclaimed April 11, 1859 378 

Sa-hek-wainish. 

Treaty proclaimed March 3, 1855 560 

Sam-ahmish. 

Treaty proclaimed April 11, 1859 378 

Sandusky Kiver, Delawares on. 

Treaty proclaimed January 2, 1820 369 

Sandusky lliver, Seneeas residing on. 

Treaty proclaimed Mareh 24, 1831 833 

Santee band of Sioux. 

Treaty proclaimed February 15, 1827 634 

February 24, 1831 781 

February 24, 1869 914 

Sautiam bands of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Sans Arc band of Sioux. 

Treaty proclaimed March 17, 1866 897 

February 24, 1869 914 

Shawnees. 

Treaty proclaimed January 31, 1786 , 784 

December 2. 1795 184 

December 26, 1803 370 

April 24, 1806 190 

March 3, 1809 194 

December 21, 1^14 1032 

Treaty ratified December 26, 1815 196 

Treaty proclaimed January 4, 1819 197 

January 4, 1819 1033 

December 30, 1825 786 

April 6, 1832 7b8 

April 6, 1832 1035 

February 12, 1833 376 

March 22, 1833 837 

November 2, 1854 792 

October 14, 1868 . . 839 

Skagits. 

Treaty proclaimed April 11, 1859 378 

Skai-wha-mish. 

Treaty proclaimed April 11, 1859 378 

S'Klallams. 

Treaty proclaimed April 29, 1859 800 

Sk-tab-le-juu. 

Treaty proclaimed April 11, 1859 378 

Sko-ko-wish. 

Treaty proclaimed April 29, 1859 800 

Sk-tahl-mish. 

Treaty proclaimed April 11, 1859 378 

Smah-kahmish. 

Treaty proclaimed April 11, 1859 378 

Snakes. 

Treaty proclaimed July 10, 1866 804 

February 17, ld70 432 

Squawskins. 

Treaty proclaimed March 3, 1855 560 



1071 



Pago. 

St-kah-rnisb. 

Treaty proclaimed April 11, 1859 378 

Sault Ste. Miirie, Chippewaa of. 

Treaty proclaimed April 24, 185G - 253 

Swan Creek band of Chippewaa. 

Treaty proclaimed May 23, 1856 227 

June 21, 1856 233 

July 9, 1860 228 

August 16, 1866 237 

So-ap-cat band of Yakamaa. 

Treaty proclaimed April 18, 1859 10 10 

See-Seeton Sioux. 

Treaty proclaimed February 26, 1853 b79 

Semiuoles. 

Treaty proclaimed April 12, 1834 807 

April 12, 1834 809 

August 16, 1866 810 

Senecas. 

Treaty concluded October 22, 1784 922 

June 9, 1789 923 

Treaty proclaimed January 21, 1795 925 

September 15, 1797 818 

January 12, 1803 821 

February 7, 1803 823 

December 21, 1814 1032 

Treaty ratilied December 26, 1815 196 

Treaty proclaimed January 4, 1819 197 

Jauuary 4, 1819 1033 

March 24, 1831 833 

April 6, 1832 1035 

March 22, 1833 837 

May 19, 1836 303 

April 4, 1840 552 

August 26, 1842 824 

March 31,1859 829 

March 31, 1859, (supplementary) „ 833 

October 14, 1868 839 

Seven Nations of Canada. 

Treaty proclaimed January 31, 1797 652 

Steh-ehass. 

Treaty proclaimed March 3, 1855 560 

Steilacooin. 

Treaty proclaimed March 3, 1855 560 

Ste-tehtlum. 

Treaty proclaimed April 29, 1859 800 

Saint Peters River, Sioux of. 

Treaty proclaimed December 26, 1815 869 

Saint Regla. 

Treaty proclaimed January 31, 1797 852 

April 4, 1840 551 

April 4, 1840, (supplementary) 560 

Sioux. 

Treaty proclaimed July 19, 1815 854 

July 19, 1815 869 

December 26, 1815 869 

December 30, 1816 670 

February 6, 1826 J 55 

February 6, 1826 866 

February 6, 1826 871 

February 26, 1826 873 

February 15, 1827 634 

February 24, 1831 7-1 

February 13, 1837 875 

February 18, 1837 876 

June 15, 1838 = )*?8 

February 21, 1838 , 854 

February 24, 1853 879 

February 24, 1853 882 

February 26, 1859 , 



1072 



Page. 

Sioux— --Continued. 

Treaty proclaimed March 31, 1859 885 

March 31 , 1859 903 

March 17, 1800 12 

March 17, 1800 802 

March 17, 1800 890 

March 17, 1866 892 

March 17,1800 895 

March 17, 1866 897 

March 17, 1866 899 

March 17, 1800 901 

May 2, 1807 909 

March 17,1808 804 

February 24,1809 , 914 

Sioune baud of Sioux. 

Treaty proclaimed, February 6, 1820 871 

Sisseton band of Sioux. 

Treaty proclaimed, May 2, 1867 , 909 

Agreement with, February 19, 1807 1050 

Sissetongs. 

Treaty proclaimed, February 24, 1831... 781 

March 31, 1859 903 

Six Nations. 

Treaty concluded October 22, 1784 922 - 

June 9, 1789 923 

Treaty proclaimed January 21, 1795 925 

Six: Nations of New York. 

Treaty proclaimed' April 4,1840 • 548 - 

Skin-pah band of Yakamas. 

Treaty proclaimed April. 18, 1859 1040 

Squin-ah-mish. 

Treaty proclaimed April 11,1859 378 

Squi-aiti, 

Treaty proclaimed March 3, 1855 5G0 

Swin-a-mish. 

Treaty proclaimed April 11,1859 378 

Scotons. 

Treaty proclaimed April 10, 1855 , . . 23 

Shoshonees, Northwestern bands. 

Treaty proclaimed June 17, 1805 . 928 

Skoskonee-Goships. 

Treaty proclaimed January 17, 1805 929 

Shoshonees, Eastern Band. 

Treaty proclaimed February 24, 1809 931 

S'Homamish. 

Treaty proclaimed March. 3, 1855 500 

Skope-amish. 

Treaty proclaimed April 11, 1859 „ 378 

Suoqualmoos. 

Treaty proclaimed April 11, 1859 378 

Sno-ho-mish. 

Treaty proclaimed April 11, 1859 378 

Stockbridges. 

Treaty proclaimed January 21, 1795 0)20 

May 10, 1840 937 

March 1,1849 941 

September 8, 1850 951 

Stoluck-wha-mish. 

Treaty proclaimed April 11, 1859 378 

Subordinate tribes in Washington Territory. 

Treaty proclaimed April 11, 1859 378 

Susseton Sioux. 

Treaty proclaimed February 18, 1837 . 870 

Sucmamish. 

Treaty proclaimed April 11, 1859 378 

Squak-quaihtl. 

Treaty proclaimed April 29, 1859 800 

Shyiks band of Yakamas. 

Treat y proclaimed April 18, 1859 1 040 



1073 



T. 

" ■ ' Pago, 

labeguaclie baud of Utahs. 

Treaty proclaimed December 14, 1864 1)70 

Tabeguachu band of Utes. 

Treaty proelaiuied November 0, lbG8 981 

Tah-wa-Carros. 

Treaty proclaimed March 8, 1847 306 

February 21, 1838 450 

Ta-ih band of Walla-Wallas. 

Treaty proelaiuied April 18, 1859 022 

Tamarois. 

Treaty proclaimed January 5, 1819 395 

February 13, 1833 396 

Tappage Pawnees. 

Treaty proclaimed April 12, 1834 048 

January 8, 1849 017 

May 20, 1858 650 

Tekopa band of Calapooias. 

Treaty proelaiuied April 10, 1855 18 

Tenino band of Walla-Wallas. 

Treaty proclaimed April 18, 1859 022 

Teton baud of Sioux. 

Treaty proclaimed February 0, 1820 80G 

Teetons. 

Treaty proclaimed December 20, 1815 970 

Tobinipee, grand sachem, Pottawatomies who adhere to. 

Treaty proclaimed December 21, 1814 1031 

To-i-sas brother, chief Pottawatomies. 

Treaty proclaimed February 18 ; 1837 711 

Tounewauda band of Senecas. 

Treaty proclaimed March 31, 1859 829 

March 31, 1859, (supplementary) 833 

Too-au-hooch. 

Treaty proclaimed April 29, 1859 800 

Thorntown party of Miamies. 

Treaty proclaimed May 7, 1828 520 

Tsohkw. 

Treaty proclaimed April 29, 1859 800 

Two-Kettle baud Sioux. 

Treaty proelaiuied March 17, 18GG 895 

February 24, 1809 914 

Tualatiu band of Calapooias. 

Treaty proclaimed April 10, 1855 13 

. Tuscaroras. 

Treaty couel uded Oc tober 22, 1784 922 

June 9, 1789 923 

Treaty proclaimed January 21, 1795 925 

January 21, 1795 620 

April 4, 1840 553 

Teh-queen. 

Treaty proclaimed April 29, 1859 600 

TTeeksin. 

Treaty proclaimed March 3, 1855 500 

U. 

Uintah band of Utes. 

Treaty i>rocla'nued November 0, 1808 

Umatillas. 

Treaty proclaimed April 11, 1859 987 

Uinpquas. 

Treaty proclaimed February 5, 1855 974 

March 30, 1855 977 

April 10, 1855 23 

Uuckpapa baud of Sioux. 

Treaty proclaimed February 24, 18G9 914 

Upper de Chutes band of Walla-Wallas. 

Treaty proelaiuied April 18, 1859 022 

Upper Medawakanton Sioux. 

Treaty proclaimed February 18, 1837 ~?6 

*135 I T 



1074 

Upper Pond d'Oreillo. 

Treaty proclaimed April '-5, 185(5 

April 18, 1859 

Utabs. 

Treaty proclaimed September 9, 1850 
December 14, 1804 

Utes. 

Treaty proclaimed November 6, 18(!8 



V. 

Vermillion, Kickapoos of tbe. 

Treaty proclaimed May 10, 1820 - . . . 454 

January 8, 1821 - 455 

Vienx de Sert band of Chippewa^. 

Treaty proclaimed January 20, 1855 223 

W. 

Wabash, Pottawatomies of. 

Treaty proclaimed February 18, 1837 713 

Wacoes. 

Treaty proclaimed March 8, 1817 306 

Wa-haw-sbaw's tribe, Sioux. 

Treaty proclaimed February 13, 1837 875 

Wahpetons. 

Treat y proclaimed February 24, 1831 781 

March 31, 1850 - 00:5 

Agreement with, February 10, 1807 1050 

Wah-lal-la baud of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Wab-pay-touu Sioux. 

Trea ty proclaimed February 24, 1853 879 

Wahpaeootas. 

Treaty proclaimed February 24, 1831 781 

February 18, 1837 870 

February 24, 1853 882 

March 31, 1859 885 

Walla-Wallas. 

Treaty proclaimed April 11, 1850 087 

April 18, 1859 - 022 

Warpeton band of Sioux. 

Treaty proclaimed May 2, 1807 909 

Wau-ke-Wa, Cbo-eose's only son, chief Pottawatomios. 

Treaty proclaimed Juue 4, 1830 708 

Weas. 

Treaty proclaimed December 2, 1705 - 184 

December 20, 1803 370 

April 24, 1806 - 371 

January 25, 1810 007 

April 16, 1810 370 

December 31, 1814 „ 1032 

December 30, 1816 438 

January 7, 1810 003 

January 8, 1821 001 

Fel u nary 23, 1833 058 

August 10, 1854 426 

October 14, 1868 830 

Wenat-slnipam band of Vakamas. 

Treaty proclaimed April 18, 1850 „ 1040 

Weemiuucbo tribe of Utes. 

Treaty proclaimed November 6, 1868 081 

Winneba-oes. 

Treaty proclaimed January 30, 1810. 005 

February 26, 1826 155 

January 7,1829 100 

February 23, 1820 200 

February 2, 1830 006 

February 13, 1833 998 

June 10, 1838 008 

February 4, 1847 1004 

M;irch 23, 1855 1000 



Pago. 
7 

383 

008 
070 

081 



1075 



\V i 1 1 i i ebagocs — Coiitiimed. 

Treaty proclaimed March 23, 1861 

March 28,1866 

Willamette Twin water band of Calapooias. 

Treaty proclaimed April 10, 1855 

Wmnefelly band of Calapooias. 

Treaty proclaimed April 10, 1855 

Wing, chief of Ottawaa of Blanchard's Fork, living near Detroit. 



Treaty proclaimed December 21, 181-1 lo:;-j 

Wisconsin band of Chippewas. 

Treaty proclaimed January 29, 1855 224 

Wisconsin River, Winnebagoes on. 

Treaty proclaimed January 30, 1810 995 

Wis-ham band of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

Witchetaws. 

Treaty proclaimed May 19, 1836 303 

March 8, 1817 3UG 

Wolf Rapids on the Miami River of Lake Krie, Ottawaa residing at. 

Treaty proclaimed April 0, 1832 590 

AVoll-pah-pe Snakes. 

Treaty proclaimed July 10, 1866 804 

Wyam band of Walla-Wallas. 

Treaty proclaimed April 18, 1859 622 

Wyandotte. 

Treaty proclaimed December 2, 1795 1-4 

December 23, 1803 383 

April 24, 1806 190 

January 27, 1808 J'J2 

March 3, 1809 194 

April 6, 1832 1030 

Ratified December 26, 1815 106 

Proclaimed January 4, 1819 107 

January 4, 1819 1033 

January 7, 1819 1017 

April 6, 1832 10:i0 

December 21, 1814 1032 

April 6, 1832 ". . 1 035 

May 16, 1836 1029 

October 5, 1842 1017 

December 30, 1850 1021 

March 1, 1855 1022 

October 14, 1868 839 

y 

Yahooskiu band of Snake Indians. 

Treaty proclaimed February 17, 1870 432 

Yakamas. 

Treaty proclaimed April 18, 1859 1040 

Yam Hill band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Yankton band of Sioux. 

Treaty proclaimed July 19, 1815 854 

February 6, 1826 866 

February 15, 1827 (5J4 

February 24, 1831 783 

February 21, 1838 854 

February 26, 1859 855 

Yanktouies band of Sioux. 

Treaty proclaimed February 6, 1826 866 

Yanktonai band of Sioux. 

Treaty proclaimed March 17, 1866 862 

February 24, 1868 911 

Yanktonai upper band of Sioux. 

Treaty proclaimed March 17, 1868 864 

Yennis. 

Treaty proclaimed April 29, 1859 B00 

Yampa band of Utes. 

Treaty proclaimed November 6, 1868 981 



o 



24 3 02 




KMAN Ll| 
RY INC. |§| 




JUN 92 




^ N. MANCHESTER, 
INDIANA 46562 j 









